Common use of Payment of Estimated Basic Operating Cost Clause in Contracts

Payment of Estimated Basic Operating Cost. Estimated Basic Operating Costs" for any particular year shall mean Landlord's estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to vary from the then Estimated Basic Operating Cost by more than Ten percent (10%), Landlord may, by written notice to Tenant, revise the Estimated Basic Operating Cost for the balance of such fiscal year, and Tenant's monthly installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord Tenant's Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost for the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated payment.

Appears in 1 contract

Samples: Lease Agreement (Paypal Inc)

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Payment of Estimated Basic Operating Cost. Estimated Basic Operating CostsCost" for any particular year shall mean Landlord's estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the installments of Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to Tenant, revise the Estimated Basic Operating Cost for the balance of such fiscal year, and Tenant's monthly installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord Tenant's Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost for the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated payment.

Appears in 1 contract

Samples: Third Lease Addendum (Conceptus Inc)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating CostsCost" for any particular year shall mean Landlord's estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly Costs with installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the Base Rent for the fiscal year to which the Estimated Basic Operating Cost costs applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to will apparently vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to Tenant, revise the Estimated Basic Operating Cost for the balance of such fiscal year, year and Tenant's monthly installments for the remainder of such year Tenant shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord pay Tenant's Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay as to Landlord the Estimated Basic Operating Cost revised for the Premises (calculated balance of the then current fiscal year on the estimated rentable square feet) for the first full of each calendar month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated paymentthereafter.

Appears in 1 contract

Samples: Sublease (Juniper Networks Inc)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating Costs" Cost” for any particular fiscal year shall mean Landlord's ’s estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent mannerconsistently applied. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's ’s Proportionate Share of the Estimated Basic Operating Cost with the installments of Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to TenantTenant and delivery of supporting documentation for such change, revise the Estimated Basic Operating Cost for the balance of such fiscal year, and Tenant's ’s monthly installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord Tenant's ’s Proportionate Share of the revised Estimated Basic Operating Cost cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost for the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated payment.

Appears in 1 contract

Samples: Commercial Lease (Ultragenyx Pharmaceutical Inc.)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating Costs" for any particular year shall mean Landlord's ’s estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time lime to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's ’s Proportionate Share of the Estimated Basic Operating Cost with the installments of Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to vary from the then Estimated Basic Operating Cost by more than Ten percent ten (10%)) percent, Landlord may, by written notice to TenantTxxxxx, revise the Estimated Basic Operating Cost for the balance of such fiscal year, and Tenant's Txxxxx’s monthly installments Installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord Tenant's ’s Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost for the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, feet. Landlord and Tenant shall adjust such estimated payment.

Appears in 1 contract

Samples: Lease Agreement (diaDexus, Inc.)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating Costs----------------------------------------- Cost" for any particular year Expense Year shall mean Landlord's estimate of the amount of the Basic Operating Cost for such fiscal year Expense Year, made prior to commencement of such fiscal year Expense Year as hereinafter provided. Landlord "Expense Year" shall have be each twelve (12) consecutive month period commencing January 1st of each year during the right Term, provided that Landlord, upon notice to Tenant, may change the Expense Year from time to time to revise its fiscal year and interim accounting periods so long as any other twelve (12) consecutive month period, and, in the periods as so revised are reconciled with prior periods event of any such change, Tenant's Proportionate Share of Basic Operating Cost shall be equitably adjusted for the Expense Year involved in accordance with generally accepted accounting principles applied in a consistent mannerany such change. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year Expense Year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal yearExpense Year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for (computed in the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay same manner as Tenant's Proportionate Share of the Estimated Basic Operating Cost Cost) with the installments of Base Rent for the fiscal year Expense Year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If If, at any time during the course of the fiscal yearany Expense Year, Landlord determines that Basic Operating Cost is projected to vary from the then then-Estimated Basic Operating Cost by more than Ten five percent (105%), Landlord may, by written notice to Tenant, revise the Estimated Basic Operating Cost for the balance of such fiscal year, and Tenant's monthly installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Expense Year Tenant has paid to Landlord Tenant's Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost for the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated payment.

Appears in 1 contract

Samples: Lease (Netcentives Inc)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating CostsCost" for any particular year shall mean Landlord's estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly Costs with installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to will apparently vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to Tenant, revise the Estimated Basic Operating Cost for the balance of such fiscal year, year and Tenant's monthly installments for the remainder of such year Tenant shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord pay Tenant's Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost as so revised for the Premises (calculated balance of the then current fiscal year on the estimated rentable square feet) for the first full of each calendar month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated paymentthereafter.

Appears in 1 contract

Samples: Extension Agreement (Concentric Network Corp)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating Costs" for any particular year shall mean Landlord's estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During The Estimated Basic Operating Cost for the Early Possession period, fiscal year in which the Scheduled Term Commencement Date falls is set forth in the Basic Lease Information sheet. Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost Costs with installments of Basic Rent required to be paid pursuant to paragraph 3 above for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the Base Rent for the fiscal year to which the Estimated Basic Operating Cost estimate applies in monthly installments on the first day of each calendar month during such year, in advance. Such payment shall be construed to be Rent for all purposes hereof. If at any time during the course of the a fiscal year, Landlord determines that Basic Operating Cost is projected to will apparently vary from the then Estimated Basic Operating Cost by more than Ten five percent (105%), Landlord may, by written notice to Tenant, revise the Estimated Basic Operating Cost for the balance of such fiscal year, year and Tenant's monthly installments for the remainder of such year Tenant shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord pay Tenant's Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost as so revised for the Premises (calculated balance of the then current fiscal year on the estimated rentable square feet) first day of each calendar month thereafter, such revised installment amounts to be Rent for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated paymentall purposes hereof.

Appears in 1 contract

Samples: Office Lease (Extricity Inc)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating CostsCost" for any particular year shall mean Landlord's estimate of the Basic Operating Cost Costs, Taxes and Insurance Costs for such fiscal year year, and shall be made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the revised periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly Costs with installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the Base Rent for the fiscal year to which the Estimated Basic Operating Cost Costs applies in monthly installments on the first fifth day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that the sum of Basic Operating Cost is projected to Costs, Taxes and Insurance Costs will apparently vary from the then Estimated Basic Operating Cost by more than Ten five percent (105%), Landlord may, by written notice to Tenant, revise the Estimated Basic Operating Cost for the balance of such fiscal year, year and Tenant's monthly installments for the remainder of such year Tenant shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord pay Tenant's Proportionate Share of the revised Estimated Basic Operating Cost as so revised for such yearthe balance of the then current fiscal year on the first of each calendar month thereafter. Upon execution Late payments with respect to payments of this Lease, Estimated Basic Operating Costs as provided in Section 4.2 shall be assessed only if during any twelve (12) month period Tenant shall pay fails on more than three occasions to Landlord the make any monthly payment of Estimated Basic Operating Cost for (or any other monthly Rent due hereunder) on or before the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated paymentdate when it is due.

Appears in 1 contract

Samples: Lease Agreement (Dey Inc)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating CostsCost" for any particular year shall mean Landlord's estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the installments of Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to TenantTenant together with supporting documentation for such revision, revise the Estimated Basic Operating Cost for the balance of such fiscal year, and Tenant's monthly installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord Tenant's Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost for the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated payment.

Appears in 1 contract

Samples: Lease Agreement (O S I Corp)

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Payment of Estimated Basic Operating Cost. Estimated Basic Operating Costs" Cost” for any particular year shall mean Landlord's ’s estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's ’s Proportionate Share of the Estimated Basic Operating Cost with the installments of Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to TenantXxxxxx, revise the Estimated Basic Operating Cost for the balance of such fiscal year, and Tenant's Xxxxxx’s monthly installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord Tenant's ’s Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost for the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated payment.

Appears in 1 contract

Samples: Lease Agreement (1847 Holdings LLC)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating CostsCost" for any particular year shall mean Landlord's estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly Costs with installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to will apparently vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to TenantXxxxxx, revise the Estimated Basic Operating Cost for the balance of such fiscal year, year and Tenant's monthly installments for the remainder of such year Tenant shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord pay Tenant's Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost as so revised for the Premises (calculated balance of the then current year on the estimated rentable square feet) for the first full of each calendar month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated paymentthereafter.

Appears in 1 contract

Samples: Lease Agreement (Wireless Inc)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating CostsCost" for any particular year shall mean Landlord's estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the installments of Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to TenantXxxxxx, revise the Estimated Basic Operating Cost for the balance of such fiscal year, and TenantXxxxxx's monthly installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord Tenant's Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost for the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated payment.

Appears in 1 contract

Samples: Lease Agreement (Spectrian Corp /Ca/)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating Costs" Cost” for any particular fiscal year shall mean Landlord's ’s estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent mannerconsistently applied. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's ’s Proportionate Share of the Estimated Basic Operating Cost with the installments of Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to Tenant, revise the Estimated Basic Operating Cost for the balance of such fiscal year, and Tenant's Txxxxx’s monthly installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord Tenant's ’s Proportionate Share of the revised Estimated Basic Operating Cost cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost for the Premises (calculated on the estimated rentable square feet) for the first full month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated payment.

Appears in 1 contract

Samples: Industrial Lease (Dragonfly Energy Holdings Corp.)

Payment of Estimated Basic Operating Cost. Estimated Basic Operating Costs" Cost” for any particular year shall mean Landlord's ’s estimate of the Basic Operating Cost for such fiscal year made prior to commencement of such fiscal year as hereinafter provided. Landlord shall have the right from time to time to revise its fiscal year and interim accounting periods so long as the periods as so revised are reconciled with prior periods in accordance with generally accepted accounting principles applied in a consistent manner. Within thirty (30) days of the Effective Date of this Lease, and during During the last month of each fiscal year during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the Estimated Basic Operating Costs Cost for the ensuing fiscal year. During the Early Possession period, Tenant shall pay Tenant's ’s Proportionate Share of the Estimated Basic Operating Cost for the fiscal year to which the Estimated Basic Operating Cost applies in monthly Costs with installments on the first day of each calendar month prior to the Lease Commencement Date, in advance. Following the Lease Commencement Date, Tenant shall pay Tenant's Proportionate Share of the Estimated Basic Operating Cost with the Base Rent for the fiscal year to which the Estimated Basic Operating Cost applies in monthly installments on the first day of each calendar month during such year, in advance. If at any time during the course of the fiscal year, Landlord determines that Basic Operating Cost is projected to will apparently vary from the then Estimated Basic Operating Cost by more than Ten ten percent (10%), Landlord may, by written notice to TenantXxxxxx, revise the Estimated Basic Operating Cost for the balance of such fiscal year, year and Tenant shall pay Tenant's monthly installments for the remainder of such year shall be adjusted so that by the end of such fiscal year Tenant has paid to Landlord Tenant's ’s Proportionate Share of the revised Estimated Basic Operating Cost for such year. Upon execution of this Lease, Tenant shall pay to Landlord the Estimated Basic Operating Cost as so revised for the Premises (calculated balance of the then current fiscal year on the estimated rentable square feet) for the first full of each calendar month of the Term. Upon final determination of the rentable square feet of the Premises and useable square feet of the Building, Landlord and Tenant shall adjust such estimated paymentthereafter.

Appears in 1 contract

Samples: Lease Agreement (CymaBay Therapeutics, Inc.)

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