Payment of Operating Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant’s Share of all Operating Expenses in respect of each Expense Year to the extent Operating Expenses for each such Expense Year shall exceed Base Expenses. Tenant shall pay a sum equal to one-twelfth (1/12) of the amount of Tenant’s Share of Expense Increases for each Expense Year on or before the first day of each month of such Expense Year, in advance, in an amount estimated by Landlord and billed by Landlord to Tenant; provided, that, Landlord shall have the right initially to determine such monthly estimates and to revise such estimates from time to time. After the expiration of the Base Expense Year and each Expense Year, Landlord shall prepare and furnish Tenant with Landlord’s Statement showing the Base Expenses or the Operating Expenses incurred during such Expense Year. Within thirty (30) days after receipt of Landlord’s Statement for any Expense Year setting forth Tenant’s Share of any Expense Increase attributable to such Expense Year, Tenant shall pay Tenant’s Share of such Expense Increase (less the amount of estimated payments paid by Tenant on account thereof) to Landlord as Additional Rent, and Landlord shall refund to Tenant any overpayments made by Tenant pursuant to Section 5.6 hereof.
Appears in 3 contracts
Samples: Lease Agreement (Alzheon, Inc.), Lease Agreement (Alzheon, Inc.), Lease Agreement (Alzheon, Inc.)
Payment of Operating Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant’s Share of all Landlord the Annual Operating Expenses in respect of each Expense Year to the extent Operating Expenses for each such Expense Year shall exceed Base Expenses. Tenant shall pay a sum equal to one-twelfth (1/12) of monthly installments in the amount of Tenant’s Share of Expense Increases set forth in Section 1(d) (prorated for each Expense Year any partial month), from the Commencement Date and continuing throughout the Term on or before the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff except as expressly provided for in this lease; provided that the monthly installment for the first full month shall be paid at the signing of such Expense Year, in advance, in an amount estimated by Landlord and billed by Landlord to Tenant; provided, that, this lease. Landlord shall have the right initially apply such payments to determine such monthly estimates and to revise such estimates from time to time. After the expiration of the Base Expense Year and each Expense Year, Landlord shall prepare and furnish Tenant with Landlord’s Statement showing the Base Expenses or the Operating Expenses incurred during such Expense Year. Within thirty (30) days after receipt of Landlord’s Statement for any Expense Year setting forth Tenant’s Share of any Expense Increase attributable to such Expense Year, Tenant shall pay Tenant’s Share of such Expense Increase (less the amount of estimated payments paid by Tenant on account thereof) owed to Landlord as Additional Rent, and Landlord shall refund to Tenant any overpayments made by Tenant pursuant to the following Sections 7(b)-(f). The amount of the Annual Operating Expenses set forth in Section 5.6 hereof1(d) represents Tenant’s Proportionate Share of the estimated Operating Expenses during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated Operating Expenses increase. By April 30th of each year (and as soon as practical after the expiration or termination of this lease or at any time in the event of a sale of the Property), Landlord shall provide Tenant with a statement of the actual amount of such expenses for the preceding calendar year or part thereof Landlord or Tenant shall pay to the other the amount of any deficiency or overpayment then due from one to the other or, at Tenant’s option, Landlord will credit Tenant’s account for any overpayment. Tenant’s obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease. The term “Operating Expenses” in this lease means all amounts owed to Landlord by Tenant pursuant to the following Sections 7(b)-(f). Any provision to the contrary in this lease notwithstanding, Operating Expenses shall not include any of the items listed on attached Exhibit “F”.
Appears in 2 contracts
Samples: Sublease Agreement (Compellent Technologies Inc), Lease Agreement (CNS Inc /De/)
Payment of Operating Expenses. Tenant shall pay to LandlordOn or about the Rent Commencement Date, and as Additional Rent, Tenant’s Share of all Operating Expenses in respect soon as possible after the beginning of each "Expense Year to Year" (which shall mean each [AS APPLICABLE [calendar] [fiscal] year in which any portion of the extent Term falls, through and including the [calendar] [fiscal] year in which the Lease Term expires), Landlord shall provide Tenant with an estimate of the Operating Expenses for each such Expense Year shall exceed Base Expenses. Tenant shall pay a sum equal to one-twelfth (1/12) of the amount of Tenant’s Share of Expense Increases for each Expense Year on On or before the first day of each month of such Expense Yearmonth, commencing on the Rent Commencement Date, Tenant shall pay, in advance, in an as monthly Additional Rent, the amount estimated by Landlord and billed by Landlord to be Tenant; provided, that, Landlord shall have ’s Operating Expenses. As soon as possible after the right initially to determine such monthly estimates and to revise such estimates from time to time. After the expiration end of the Base Expense Year and each Expense Year, Landlord shall prepare and furnish provide Tenant with Landlorda written statement of the actual Operating Expense, the amount of Tenant’s Statement showing share thereof for such Expense Year, and the Base Expenses or the Operating Expenses incurred during payments made by Tenant for such Expense Year. Within Any overpayments shall be credited against subsequent Additional Rent payments, and any underpayments shall be paid by Xxxxxx in a lump sum within thirty (30) days after of receipt of Landlord’s Statement for any statement. Such overpayments or underpayments shall be deemed to have accrued during the prior Expense Year setting forth and shall be credited to Tenant or become due and payable from Tenant, as the case may be, even though the Term of this Lease may have expired or this Lease may have been terminated prior to Xxxxxx’s Share receipt of any Expense Increase attributable to such Expense Yearthe statement. If payment is made after the fifth (5th) of the month, Tenant shall pay Tenant’s Share of such Expense Increase (less the amount of estimated payments paid by Tenant on account thereof) to Landlord a late charge as Additional Rent, and Landlord shall refund to Tenant any overpayments made by Tenant pursuant to set forth in Section 5.6 hereof4.3 above.
Appears in 1 contract
Samples: Lease Agreement
Payment of Operating Expenses. Commencing on the Commencement Date, Tenant shall pay to Landlord, as Additional Rent, Tenant’s Share of all Operating Expenses in respect of each Expense Year to the extent Operating Expenses for each such Expense Year shall exceed Base ExpensesYear. Tenant shall pay a sum equal to one-twelfth (1/12) of the amount of Tenant’s Share of Expense Increases Operating Expenses for each Expense Year on or before the first day of each month of such Expense Year, in advance, in an amount estimated by Landlord and billed by Landlord to Tenant; provided, that, Landlord shall have the right initially to determine such monthly estimates and to revise such estimates from time to time. After Landlord shall endeavor, within one hundred fifty (150) days after the expiration of the Base Expense Year and each Expense Year, Landlord shall to prepare and furnish Tenant with Landlord’s Statement showing the Base Expenses or the Operating Expenses incurred during such Expense Year. Within thirty (30) days after receipt of Landlord’s Statement for any Expense Year setting forth Tenant’s Share of any Expense Increase Operating Expenses attributable to such Expense Year, Tenant shall pay Tenant’s Share of such Expense Increase Operating Expenses (less the amount of estimated payments paid by Tenant on account thereof) to Landlord as Additional Rent, and Landlord shall refund to Tenant any overpayments made . If Landlord’s statement shows that the estimated Operating Expenses paid by Tenant pursuant to Section 5.6 hereofexceed the actual amount of Tenant’s Share of Operating Expenses for such Expense Year, Landlord shall, at Landlord’s election, either (i) reimburse Tenant for the amount so overpaid by Tenant within thirty (30) days after the issuance of Landlord’s Statement, or (ii) credit such amount against Tenant’s estimated payments of Operating Expenses next coming due (except at the end of the Term, in which cause alternative (i) shall be implemented).
Appears in 1 contract
Samples: And Attornment Agreement (Organogenesis Holdings Inc.)
Payment of Operating Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant’s 's Share of all Operating Expenses in respect of each Expense Year to the extent Operating Expenses for each such Expense Year shall exceed Base Expenses. Tenant shall pay a sum equal to one-twelfth (1/12) of the amount of Tenant’s 's Share of Expense Increases for each Expense Year on or before the first day of each month of such Expense Year, in advance, in an amount estimated by Landlord and billed by Landlord to Tenant; provided, that, provided that Landlord shall have the right initially to determine such monthly estimates and to revise such estimates from time to time. After the expiration of the Base Expense Year and each Expense Year, Landlord shall prepare and furnish Tenant with Landlord’s 's Statement showing the Base Expenses or the Operating Expenses incurred during such Expense Year. Within thirty (30) days after receipt of Landlord’s 's Statement for any Expense Year setting forth Tenant’s 's Share of any Expense Increase attributable to such Expense Year, Tenant shall pay Tenant’s 's Share of such <PAGE> 10 Expense Increase (less the amount of estimated payments paid by Tenant on account thereof) to Landlord as Additional Rent, and Landlord shall refund to Tenant any overpayments made by Tenant pursuant to Section 5.6 hereof.
Appears in 1 contract
Payment of Operating Expenses. Commencing on the Rent Commencement Date, Tenant shall pay to Landlord, as Additional Rent, Tenant’s Share of all Operating Expenses in respect of each Expense Year to the extent Operating Expenses for each such Expense Year shall exceed Base ExpensesYear. Tenant shall pay a sum equal to one-twelfth (1/12) of the amount of Tenant’s Share of Expense Increases Operating Expenses for each Expense Year on or before the first day of each month of such Expense Year, in advance, in an amount estimated by Landlord and billed by Landlord to Tenant; provided, that, Landlord shall have the right initially to determine such monthly estimates and to revise such estimates from time to time. After Landlord shall endeavor, within one hundred twenty (120) days after the expiration of the Base Expense Year and each Expense Year, Landlord shall to prepare and furnish Tenant with Landlord’s Statement showing the Base Expenses or the Operating Expenses incurred during such Expense Year. Within thirty (30) days after receipt of Landlord’s Statement for any Expense Year setting forth Tenant’s Share of any Expense Increase Operating Expenses attributable to such Expense Year, Tenant shall pay Tenant’s Share of such Expense Increase Operating Expenses (less the amount of estimated payments paid by Tenant on account thereof) to Landlord as Additional Rent, and Landlord shall refund to Tenant any overpayments made . If Landlord’s statement shows that the estimated Operating Expenses paid by Tenant pursuant to Section 5.6 hereofexceed the actual amount of Tenant’s Share of Operating Expenses for such Expense Year, Landlord shall, at Landlord’s election, either (i) reimburse Tenant for the amount so overpaid by Tenant within thirty (30) days after the issuance of Landlord’s Statement, or (ii) credit such amount against Tenant’s estimated payments of Operating Expenses next coming due (except at the end of the Term, in which cause alternative (i) shall be implemented).
Appears in 1 contract
Samples: Non Disturbance, Attornment and Subordination Agreement (Syros Pharmaceuticals, Inc.)
Payment of Operating Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant’s 's Share of all Operating Expenses in respect of each Expense Year to the extent Operating Expenses for each such Expense Year shall exceed Base Expenses. Tenant shall pay a sum equal to one-one twelfth (1/12) of the amount of Tenant’s 's Share of Expense Increases for each Expense Year on or before the first day of each month of such Expense Year, in advance, in an amount estimated by Landlord and billed by Landlord to Tenant; provided, that, Landlord shall have the right initially to determine such monthly estimates and to revise such estimates from time to time. After the expiration of the Base Expense Year and each Expense Year, Landlord shall prepare and furnish Tenant with Landlord’s 's Statement showing the Base Expenses or the Operating Expenses incurred during such Expense Year. Within thirty (30) days after receipt of Landlord’s 's Statement for any Expense Year setting forth Tenant’s 's Share of any Expense Increase attributable to such Expense Year, Tenant shall pay Tenant’s 's Share of such Expense Increase (less the amount of estimated payments paid by Tenant on account thereof) to Landlord as Additional Rent, and Landlord shall refund to Tenant any overpayments made . If Landlord's Statement shows that the estimated Expense Increases paid by Tenant pursuant to Section 5.6 hereof.exceed the actual Expense Increases for such Expense Year, Landlord shall, at Landlord’s election, either
Appears in 1 contract
Samples: Lease (Radius Health, Inc.)
Payment of Operating Expenses. Tenant shall pay to LandlordOn or about the Rent Commencement Date, and as Additional Rent, Tenant’s Share of all Operating Expenses in respect soon as possible after the beginning of each "Expense Year to Year" (which shall mean each [AS APPLICABLE [calendar] [fiscal] year in which any portion of the extent Term falls, through and including the [calendar] [fiscal] year in which the Lease Term expires), Landlord shall provide Tenant with an estimate of the Operating Expenses for each such Expense Year shall exceed Base Expenses. Tenant shall pay a sum equal to one-twelfth (1/12) of the amount of Tenant’s Share of Expense Increases for each Expense Year on On or before the first day of each month of such Expense Yearmonth, commencing on the Rent Commencement Date, Tenant shall pay, in advance, in an as monthly Additional Rent, the amount estimated by Landlord and billed by Landlord to be Tenant; provided, that, Landlord shall have ’s Operating Expenses. As soon as possible after the right initially to determine such monthly estimates and to revise such estimates from time to time. After the expiration end of the Base Expense Year and each Expense Year, Landlord shall prepare and furnish provide Tenant with Landlorda written statement of the actual Operating Expense, the amount of Tenant’s Statement showing share thereof for such Expense Year, and the Base Expenses or the Operating Expenses incurred during payments made by Tenant for such Expense Year. Within Any overpayments shall be credited against subsequent Additional Rent payments, and any underpayments shall be paid by Xxxxxx in a lump sum within thirty (30) days after of receipt of Landlord’s Statement for any statement. Such overpayments or underpayments shall be deemed to have accrued during the prior Expense Year setting forth and shall be credited to Tenant or become due and payable from Tenant, as the case may be, even though the Term of this Lease may have expired or this Lease may have been terminated prior to Xxxxxx’s Share receipt of any Expense Increase attributable to such Expense Yearthe statement. If payment is made after the fifth (5th) of the month, Tenant shall pay Tenant’s Share of such Expense Increase (less the amount of estimated payments paid by Tenant on account thereof) to Landlord a late charge as Additional Rent, and Landlord shall refund to Tenant any overpayments made by Tenant pursuant to set forth in Section 5.6 hereof4.4 above.
Appears in 1 contract
Samples: Lease Agreement
Payment of Operating Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant’s Share of all Operating Expenses in respect of each Expense Year to the extent Operating Expenses for each such Expense Year shall exceed Base Expenses. Tenant shall pay a sum equal to one-twelfth (1/12) of the amount of Tenant’s Share of Expense Increases for each Expense Year on or before the first day of each month of such Expense Year, in advance, in an amount estimated by Landlord and billed by Landlord to Tenant; provided, that, Landlord shall have the right initially to determine such monthly estimates and to revise such estimates from time to time. After the expiration of the Base Expense Year and each Expense Year, Landlord shall prepare and furnish Tenant Tenant’ with Landlord’s Statement showing the Base Expenses or the Operating Expenses incurred during such Expense Year. Within thirty (30) days after receipt of Landlord’s Statement for any Expense Year setting forth Tenant’s Share of any Expense Increase attributable to such Expense Year, Tenant shall pay Tenant’s Share of such Expense Increase (less the amount of estimated payments paid by Tenant on account thereof) to Landlord as Additional Rent, and Landlord shall refund to Tenant any overpayments made by Tenant pursuant to Section 5.6 hereof.
Appears in 1 contract
Samples: Lease (Forrester Research, Inc.)