Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Landlord shall reasonably estimate the Operating Costs and Taxes of the Project by April 1 of each fiscal year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following year. Landlord may revise these estimates whenever it obtains more accurate information, such as the final real estate tax assessment or tax rate for the Project. Within thirty (30) days after receiving the original or revised estimate from Landlord setting forth an estimate of Operating Costs for a particular fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the Operating Costs, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one- twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable. Within thirty (30) days after receiving the original or revised estimate from Landlord setting forth an estimate of Taxes for a particular fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the Taxes, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable.
Appears in 1 contract
Samples: Lease (Pinkertons Inc)
Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Landlord shall reasonably estimate the Operating Costs and Taxes of the Project by April 1 of each fiscal year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following yearthereafter. Landlord may revise these estimates whenever it obtains more accurate information, such as the final real estate tax assessment or tax rate for the Project. Within thirty ten (3010) days after receiving the original or revised estimate from Landlord setting forth an estimate of Operating Costs for a particular fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Operating Costs, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one- one-twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable. Within thirty ten (3010) days after receiving the original or revised estimate from Landlord setting forth an estimate of Taxes for a particular fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Taxes, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable.
Appears in 1 contract
Samples: Lease (Zland Com Inc)
Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Landlord shall reasonably estimate the Operating Costs and Taxes of the Project by April 1 of each fiscal calendar year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following yearthereafter. Landlord may revise these estimates whenever it obtains more accurate information, such as the final real estate tax assessment or tax rate for the Project. Until Landlord provides such an estimate for a calendar year, Tenant shall continue paying installments of estimated Tax Share Rent and Operating Cost Share Rent as provided below based on Landlord's most recent estimates for the previous calendar year. Within thirty ten (3010) days after receiving the original or revised estimate from Landlord setting forth (i) an estimate of Operating Costs for a particular fiscal calendar year, (ii) the Base Operating Costs, and (iii) the resulting estimate of Excess Operating Costs for such calendar year, Tenant shall pay Landlord one-twelfth (1/12thl/12th) of Tenant's Proportionate Share of the estimated Excess Operating Costs, multiplied by the number of months that have elapsed in the applicable fiscal calendar year prior to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one- one-twelfth (1/12thl/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable. Within thirty ten (3010) days after receiving the original or a revised estimate from Landlord setting forth (i) an estimate of Taxes for a particular fiscal calendar year, (ii) the Base Taxes, and (iii) the resulting estimate of Excess Taxes for such calendar year, Tenant shall pay Landlord one-twelfth (1/12thl/12th) of Tenant's Proportionate Share of the estimated Excess Taxes, multiplied by the number of months that have elapsed in the applicable fiscal calendar year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one-twelfth (1/12thl/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable.
Appears in 1 contract
Samples: Office Lease (Xedar Corp)
Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Landlord shall reasonably estimate the Operating Costs and Taxes of the Project by April 1 of each fiscal year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following yearthereafter. Landlord may revise these estimates whenever it obtains more accurate information, such as the final real estate tax assessment or tax rate for the Project. Within thirty ten (3010) days after receiving the original or revised estimate from Landlord setting forth (a) an estimate of Operating Costs for a particular fiscal year, (b) the Base Operating Costs, and (c) the resulting estimate of Excess Operating Costs for such fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Excess Operating Costs, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one- one-twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable. Within thirty ten (3010) days after receiving the original or revised estimate from Landlord setting forth (a) an estimate of Taxes for a particular fiscal year, (b) the Base Taxes, and (c) the resulting estimate of Excess Taxes for such fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Excess Taxes, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable.
Appears in 1 contract
Samples: Lease (Iss Group Inc)
Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Landlord shall reasonably estimate the Operating Costs and Taxes of the Project by April 1 of each fiscal yearFiscal Year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following yearthereafter. Landlord may revise these estimates whenever when it obtains more accurate information, such as the final real estate tax assessment or tax rate for the Project; provided, however, Landlord may not issue a revised estimate of Operating Cost and Taxes more frequently than once each Fiscal Year. The methods and assumptions employed by Landlord in calculating Operating Costs and Taxes shall be applied consistently throughout the Term of the Lease. Within thirty (30) days after receiving the original or revised estimate from Landlord setting forth (a) an estimate of Operating Costs for a particular fiscal yearFiscal Year, (b) the Base Operating Costs, and (c) the resulting estimate of Excess Operating Costs for such Fiscal Year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's ’s Proportionate Share of the estimated Excess Operating Costs, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one- twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable. Within thirty (30) days after receiving the original or revised estimate from Landlord setting forth an estimate of Taxes for a particular fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the Taxes, multiplied by the number of months that have elapsed in the applicable fiscal year Fiscal Year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's ’s Proportionate Share of this estimate, until a new estimate becomes applicable. Within thirty (30) days after receiving the original or revised estimate from Landlord setting forth (a) an estimate of Taxes for a particular Fiscal Year, (b) the Base Taxes, and (c) the resulting estimate of Excess Taxes for such Fiscal Year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant’s Proportionate Share of the estimated Excess Taxes, multiplied by the number of months that have elapsed in the applicable Fiscal Year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant’s Proportionate Share of this estimate, until a new estimate becomes applicable.
Appears in 1 contract
Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Landlord shall reasonably estimate the Operating Costs and Taxes of the Project by April 1 each Fiscal Year, generally after the beginning of each fiscal year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following year. Landlord may revise these estimates estimates, but no more often than twice during any Fiscal Year, whenever it obtains more accurate information, such as the final real estate tax assessment or tax rate for the Project. Within thirty ten (3010) days after receiving the original or revised estimate notice from Landlord setting forth an estimate of Operating Costs for a particular fiscal yearFiscal Year, Tenant shall pay Landlord an amount equal to one-twelfth (1/12th) of Tenant's Proportionate Share of the such estimated Operating CostsCosts for such Fiscal Year, multiplied by the number of months that have elapsed in the applicable fiscal year Fiscal Year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsedelapsed during the Term. On Thereafter on the first day of each month thereaftermonth, Tenant shall pay Landlord one- twelfth (1/12th) of Tenant's Proportionate Share of this estimate, monthly until a new estimate becomes of Operating Costs is applicable. Within thirty (30) days after receiving the original or revised estimate from Landlord setting forth an estimate of Taxes for a particular fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Operating Costs. Within ten (10) days after notice from Landlord setting forth an estimate of Taxes for a particular Fiscal Year, Tenant shall pay Landlord an amount equal to one-twelfth (1/12th) of Tenant's Proportionate Share of such estimated Taxes, multiplied by the number of months that have elapsed during the Term in the applicable fiscal year Fiscal Year to the date of such payment payment, including the current month, minus payments previously made by Tenant for the months elapsed. On Thereafter on the first day of each month thereaftermonth, Tenant shall pay Landlord monthly until a new estimate of Taxes is applicable, one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Taxes. In no event shall anything contained in this estimate, until a new estimate becomes applicableLease be construed to allow Landlord to be reimbursed for greater than one hundred percent (100%) of the actual Taxes or Operating Costs.
Appears in 1 contract
Samples: Lease (Focal Communications Corp)
Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Pursuant to the Master Lease, Landlord shall reasonably estimate the Landlord Operating Costs and Taxes of the Project by April 1 of each fiscal year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following yearthereafter. Landlord may revise these estimates whenever it obtains more accurate information, such as the final real estate tax assessment an increase in utility or tax rate maintenance costs for the ProjectProject Common Areas; provided in no event shall the estimate be revised more than once in any calendar year. Within thirty ten (3010) days after receiving the original or revised estimate from Landlord setting forth an estimate of Operating Costs for a particular fiscal yearSublandlord, Tenant Subtenant shall pay Landlord Sublandlord one-twelfth (1/12th) of Tenant's Subtenant’s Proportionate Share of the Operating Coststhis estimate, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant Subtenant for the months elapsed. On the first day of each month thereafter, Tenant Subtenant shall pay Landlord one- Sublandlord one-twelfth (1/12th) of Tenant's Subtenant’s Proportionate Share of this estimate, until a new estimate becomes applicable. Within Notwithstanding the foregoing, Landlord’s estimate excludes the portion of the Taxes payable semi-annually to the County of Santa Cxxxx pursuant to property tax bills for the Project (the “Property Tax Bills”). With respect to Taxes payable in connection with Property Tax Bills, Sublandlord shall deliver copies of such bills to Subtenant at least thirty (30) days after receiving prior to the original or revised estimate from Landlord setting Delinquency Date set forth an estimate of Taxes for a particular fiscal yeartherein, Tenant and Subtenant shall pay Landlord one-twelfth to Sublandlord, at least fifteen (1/12th15) of Tenant's days prior to the Delinquency Date, Subtenant’s Proportionate Share of the Taxes, multiplied amount payable thereunder. Any interest or penalties payable by the number Sublandlord as a result of months that have elapsed in the applicable fiscal year Subtenant’s failure to the date of timely pay such payment including the current month, minus payments previously made Taxes to Sublandlord shall be deemed Additional Rent payable by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicableSubtenant hereunder.
Appears in 1 contract
Samples: Sublease Agreement (ShoreTel Inc)
Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Landlord shall reasonably estimate the Operating Costs and Taxes of the Project by April 1 each Fiscal Year, generally after the beginning of each fiscal year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following year. Landlord may revise these estimates estimates, but no more often than twice during any Fiscal Year, whenever it obtains more accurate information, such as the final real estate tax assessment or tax rate for the Project. Within thirty ten (3010) days after receiving the original or revised estimate notice from Landlord setting forth an estimate of Operating Costs for a particular fiscal yearFiscal Year, Tenant shall pay Landlord an amount equal to one-twelfth (1/12th) of Tenant's Proportionate Share of the such estimated Operating CostsCosts for such Fiscal Year, multiplied by the number of months that have elapsed in the applicable fiscal year Fiscal Year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsedelapsed during the Term. On Thereafter on the first day of each month thereaftermonth, Tenant shall pay Landlord one- twelfth (1/12th) of Tenant's Proportionate Share of this estimate, monthly until a new estimate becomes of Operating Costs is applicable. Within thirty (30) days after receiving the original or revised estimate from Landlord setting forth an estimate of Taxes for a particular fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Operating Costs. Within ten (10) days after notice from Landlord setting forth an estimate of Taxes for a particular Fiscal Year, Tenant shall pay Landlord an amount equal to one-twelfth (1/12th) of Tenant's Proportionate Share of such estimated Taxes, multiplied by the number of months that have elapsed during the Term in the applicable fiscal year Fiscal Year to the date of such payment payment, including the current month, minus payments previously made by Tenant for the months elapsed. On Thereafter on the first day of each month thereaftermonth, Tenant shall pay Landlord monthly until a new estimate of Taxes is applicable, one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Taxes. In no event shall anything contained in this estimate, until a new estimate becomes applicableLease be construed to allow Landlord to be reimbursed for greater than one-hundred percent (100%) of the actual Taxes or Operating Costs.
Appears in 1 contract
Samples: Lease (Focal Communications Corp)
Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Landlord shall reasonably estimate the Operating Costs and Taxes of the Project by April 1 of each fiscal year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following yearthereafter. Landlord may revise these estimates whenever it obtains more accurate information, such as the final real estate tax assessment or tax rate for the Project, and shall use reasonable efforts to do so when and if it becomes apparent to Landlord that Operating Costs and Taxes of the Project shall substantially vary from Landlord's previous estimate. Within thirty (30) days after receiving the original or revised estimate from Landlord setting forth an estimate of Operating Costs for a particular fiscal yearLandlord, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the Operating Costs, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one- twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable. Within thirty (30) days after receiving the original or revised estimate from Landlord setting forth an estimate of Taxes for a particular fiscal year, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of the Taxes, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable. Commencing on the Commencement Date, and until a new estimate becomes applicable, Tenant shall pay Landlord Tenant's Proportionate Share of estimated Operating Costs and Taxes for the Project.
Appears in 1 contract
Samples: Lease Agreement (Icos Corp / De)
Payment of Estimated Operating Cost Share Rent and Tax Share Rent. Landlord shall reasonably estimate the Operating Costs and Taxes of the Project by April 1 of from time to time each fiscal year, or as soon as reasonably possible thereafter based upon actual figures for the prior year and Landlord's reasonable estimate of anticipated increases for the following year. Such estimates may be revised by Landlord may revise these estimates whenever it obtains information relevant to making such estimates more accurate information, such as but not more often than annually. Such estimates will generally (but need not) be issued after the beginning of a fiscal year and revised upon the determination of the final real estate tax assessment or final real estate tax rate for the Project. Within thirty ten (3010) days after receiving the original or revised estimate notice from Landlord setting forth an estimate of Operating Costs for a particular fiscal year, Tenant shall pay Landlord in amount equal to one-twelfth (1/12th) of Tenant's Proportionate Share of such estimated costs multiplied by the number of months that have elapsed in such fiscal year to the date of such payment, minus payments of estimated Operating Cost Share Rent previously paid for said period. Thereafter on the first day of each month, Tenant shall pay monthly until a new estimate of Operating Costs is applicable, one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Operating Costs, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one- twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable. Within thirty ten (3010) days after receiving the original or revised estimate notice from Landlord setting forth an estimate of Taxes for a particular fiscal year, Tenant shall pay Landlord an amount equal to one-twelfth (1/12th) of Tenant's Proportionate Share of such estimated costs multiplied by the number of months that have elapsed in such fiscal year to the date of such payment, minus payments of estimated Tax Share Rent previously paid for said period. Thereafter on the first day of each month, Tenant shall pay monthly until a new estimate of Taxes is applicable, one-twelfth (1/12th) of Tenant's Proportionate Share of the estimated Taxes, multiplied by the number of months that have elapsed in the applicable fiscal year to the date of such payment including the current month, minus payments previously made by Tenant for the months elapsed. On the first day of each month thereafter, Tenant shall pay Landlord one-twelfth (1/12th) of Tenant's Proportionate Share of this estimate, until a new estimate becomes applicable.
Appears in 1 contract
Samples: Lease (Metavante Corp)