Common use of Payment of Operating Expenses Clause in Contracts

Payment of Operating Expenses. For each calendar year during the Lease Term, Landlord shall provide Tenant with Landlord’s reasonable estimate of the Operating Expenses for the following calendar year (the “Estimate Statement”). Tenant shall thereafter pay in advance in monthly installments, with the Base Rent, the estimated amount of the Operating Expenses. Such Estimate Statement may be revised from time to time by Landlord, but no more than one time for every calendar quarter under the Lease. Landlord shall within the period of 120 calendar days (or as soon thereafter as possible) after the close of each calendar year give Tenant a statement of such year’s actual Operating Expenses and, together with a reconciliation statement comparing the actual costs with the costs set forth in the Estimate Statement (an “Expense Reconciliation”). In the event such reconciliation statement reveals an underpayment by Tenant, Tenant shall, within thirty (30) days, pay to Landlord the amount of such underpayment. If, on the other hand, the reconciliation statement reveals an overpayment Landlord shall promptly refund to Tenant the amount of such overpayment or, at Landlord’s election, credit such amount to the succeeding monthly installments of Additional Rent; provided, however, no refunds of Additional Rent, or amounts escrowed hereunder, shall be paid to Tenant until Tenant has cured any default of any of its obligations under the Lease. The failure of Landlord to submit statements provided for herein shall not relieve Tenant of its obligation to pay the Operating Expenses.

Payment of Operating Expenses. For each calendar year during Commencing on the Lease TermCommencement Date, Tenant shall be obligated to pay to Landlord shall provide Tenant with Landlord’s reasonable estimate Tenant's Proportionate Share of all Operating Expenses as Additional Rent. Without limitation of the foregoing, commencing on the Commencement Date, Tenant shall pay to Landlord, as Additional Rent, one twelfth (I/12th) of Tenant's Proportionate Share of Operating Expenses for the following Property for each calendar year on or before the first day of each month during such year, in advance, in an amount reasonably estimated by Landlord in good faith and billed by Landlord to Tenant. Landlord shall have the right to reasonably revise such estimate from time to time. Within one hundred twenty (120) days after the “Estimate expiration of each calendar year, Landlord shall furnish Tenant with a statement ("Landlord's Operating Expense Statement”"), setting forth in reasonable detail the actual amount of Operating Expenses for the Property for such year and Tenant's Proportionate Share of Operating Expenses. If the actual amount of Tenant's Proportionate Share of Operating Expenses due for such year payable by Tenant shall thereafter pay in advance in monthly installments, with the Base Rent, differs from the estimated amount of the Operating Expenses. Such Estimate Statement may be revised from time Expenses paid by Tenant for such year, then, if Tenant owes any amounts to time by Landlord, but no more than one time for every calendar quarter under the Lease. Landlord such amounts shall within the period of 120 calendar days be paid by Tenant (whether or as soon thereafter as possiblenot this Lease has terminated) after the close of each calendar year give Tenant a statement of such year’s actual Operating Expenses and, together with a reconciliation statement comparing the actual costs with the costs set forth in the Estimate Statement (an “Expense Reconciliation”). In the event such reconciliation statement reveals an underpayment by Tenant, Tenant shall, within thirty (30) daysdays after receipt of Landlord's Operating Expense Statement, pay and if Landlord owes any amounts to Landlord Tenant, such amounts shall be credited against the amount of such underpayment. If, on the other hand, the reconciliation statement reveals an overpayment Landlord shall promptly refund to Tenant the amount of such overpayment or, at Landlord’s election, credit such amount to the succeeding monthly next installments of Base Rent and Additional Rent; providedRent due from Tenant (or if the Lease has terminated for any reason other than Tenant's default, however, no refunds of Additional Rent, or amounts escrowed hereunder, shall be paid to Tenant until Tenant has cured any default within thirty (30) days after delivery of any of its obligations under the Lease. The failure of Landlord to submit statements provided for herein shall not relieve Tenant of its obligation to pay the Landlord's Operating ExpensesExpense Statement).

Payment of Operating Expenses. For each calendar year during Commencing on the Lease TermCommencement Date, Tenant shall be obligated to pay to Landlord shall provide Tenant with Landlord’s reasonable estimate all Operating Expenses as Additional Rent. Without limitation of the foregoing, commencing on the Commencement Date, Tenant shall pay to Landlord, as Additional Rent, one twelfth (1/12th) of all Operating Expenses for the following Premises for each calendar year on or before the first day of each month during such year, in advance, in an amount reasonably estimated by Landlord in good faith and billed by Landlord to Tenant. Landlord shall have the right to reasonably revise such estimate from time to time. Within one hundred twenty (120) days after the expiration of each calendar year, Landlord shall furnish Tenant with a statement (“Estimate Landlord’s Operating Expense Statement”), setting forth in reasonable detail the actual amount of Operating Expenses for the Premises for such year. If the actual amount of Operating Expenses due for such year payable by Tenant shall thereafter pay in advance in monthly installments, with the Base Rent, differs from the estimated amount of the Operating Expenses. Such Estimate Statement may be revised from time Expenses paid by Tenant for such year, then, if Tenant owes any amounts to time by Landlord, but no more than one time for every calendar quarter under the Lease. Landlord such amounts shall within the period of 120 calendar days be paid by Tenant (whether or as soon thereafter as possiblenot this Lease has terminated) after the close of each calendar year give Tenant a statement of such year’s actual Operating Expenses and, together with a reconciliation statement comparing the actual costs with the costs set forth in the Estimate Statement (an “Expense Reconciliation”). In the event such reconciliation statement reveals an underpayment by Tenant, Tenant shall, within thirty (30) days, pay to Landlord the amount days after receipt of such underpayment. If, on the other hand, the reconciliation statement reveals an overpayment Landlord shall promptly refund to Tenant the amount of such overpayment or, at Landlord’s electionOperating Expense Statement, credit and if Landlord owes any amounts to Tenant, such amount to amounts shall be credited against the succeeding monthly next installments of Base Rent and Additional Rent; providedRent due from Tenant (or if the Lease has terminated for any reason other than Tenant’s default, however, no refunds of Additional Rent, or amounts escrowed hereunder, shall be paid to Tenant until Tenant has cured any default within thirty (30) days after delivery of any of its obligations under the Lease. The failure of Landlord to submit statements provided for herein shall not relieve Tenant of its obligation to pay the Landlord’s Operating ExpensesExpense Statement).

Payment of Operating Expenses. For each calendar year during Commencing on the Lease TermRent Commencement Date, Tenant shall pay to Landlord shall provide Tenant with Landlordas Additional Rent one twelfth (1/12th) of Tenant’s reasonable estimate Proportionate Share of the Operating Expenses for the following Property for each calendar year on or before the first day of each month during such year, in advance, in an amount reasonably estimated by Landlord in good faith and billed by Landlord to Tenant. Landlord shall have the right to reasonably revise such estimate once during each calendar year. Within one hundred twenty (120) days after the expiration of each calendar year, Landlord shall furnish Tenant with a statement (“Estimate Landlord’s Operating Expense Statement”), setting forth in reasonable detail the actual amount of Tenant’s Proportionate Share of Operating Expenses for such year. Tenant shall thereafter pay in advance in monthly installments, with If the Base Rent, actual amount of Tenant’s Proportionate Share of Operating Expenses due for such year differs from the estimated amount of the Tenant’s Proportionate Share of Operating Expenses. Such Estimate Statement may be revised from time Expenses paid by Tenant for such year, then, if Tenant owes any amounts to time by Landlord, but no more than one time for every calendar quarter under the Lease. Landlord such amounts shall within the period of 120 calendar days be paid by Tenant (whether or as soon thereafter as possiblenot this Lease has terminated) after the close of each calendar year give Tenant a statement of such year’s actual Operating Expenses and, together with a reconciliation statement comparing the actual costs with the costs set forth in the Estimate Statement (an “Expense Reconciliation”). In the event such reconciliation statement reveals an underpayment by Tenant, Tenant shall, within thirty (30) days, pay to Landlord the amount days after receipt of such underpayment. If, on the other hand, the reconciliation statement reveals an overpayment Landlord shall promptly refund to Tenant the amount of such overpayment or, at Landlord’s electionOperating Expense Statement, credit and if Landlord owes any amounts to Tenant, such amount to amounts shall be credited against the succeeding monthly next installments of Base Rent and Additional Rent; providedRent due from Tenant (or if the Lease has terminated for any reason other than Tenant’s default, however, no refunds of Additional Rent, or amounts escrowed hereunder, shall be paid to Tenant until Tenant has cured any default within thirty (30) days after delivery of any of its obligations under the Lease. The failure of Landlord to submit statements provided for herein shall not relieve Tenant of its obligation to pay the Landlord’s Operating ExpensesExpense Statement).

Payment of Operating Expenses. For On or about the Rent Commencement Date, and as soon as possible after the beginning of each calendar "Expense Year" (which shall mean each [AS APPLICABLE [calendar] [fiscal] year during in which any portion of the Term falls, through and including the [calendar] [fiscal] year in which the Lease TermTerm expires), Landlord shall provide Tenant with Landlord’s reasonable an estimate of the Operating Expenses for the following calendar year (the “Estimate Statement”). Tenant shall thereafter pay in advance in monthly installments, with the Base Rent, the estimated amount of the Operating Expenses. Such Estimate Statement may On or before the first day of each month, commencing on the Rent Commencement Date, Tenant shall pay, in advance, as monthly Additional Rent, the amount estimated by Landlord to be revised from time to time by LandlordTenant’s Operating Expenses. As soon as possible after the end of the Expense Year, but no more than one time for every calendar quarter under the Lease. Landlord shall within the period of 120 calendar days (or as soon thereafter as possible) after the close of each calendar year give provide Tenant with a written statement of such year’s the actual Operating Expenses andExpense, together with the amount of Tenant’s share thereof for such Expense Year, and the payments made by Tenant for such Expense Year. Any overpayments shall be credited against subsequent Additional Rent payments, and any underpayments shall be paid by Xxxxxx in a reconciliation statement comparing the actual costs with the costs set forth in the Estimate Statement (an “Expense Reconciliation”). In the event such reconciliation statement reveals an underpayment by Tenant, Tenant shall, lump sum within thirty (30) days, pay days of receipt of Landlord’s statement. Such overpayments or underpayments shall be deemed to Landlord have accrued during the amount of such underpayment. If, on the other hand, the reconciliation statement reveals an overpayment Landlord prior Expense Year and shall promptly refund be credited to Tenant or become due and payable from Tenant, as the amount case may be, even though the Term of such overpayment orthis Lease may have expired or this Lease may have been terminated prior to Xxxxxx’s receipt of the statement. If payment is made after the fifth (5th) of the month, at Landlord’s election, credit such amount to the succeeding monthly installments of Additional Rent; provided, however, no refunds of Additional Rent, or amounts escrowed hereunder, Tenant shall be paid to Tenant until Tenant has cured any default of any of its obligations under the Lease. The failure of pay Landlord to submit statements provided for herein shall not relieve Tenant of its obligation to pay the Operating Expensesa late charge as set forth in Section 4.4 above.

Payment of Operating Expenses. For On or about the Rent Commencement Date, and as soon as possible after the beginning of each calendar "Expense Year" (which shall mean each [AS APPLICABLE [calendar] [fiscal] year during in which any portion of the Term falls, through and including the [calendar] [fiscal] year in which the Lease TermTerm expires), Landlord shall provide Tenant with Landlord’s reasonable an estimate of the Operating Expenses for the following calendar year (the “Estimate Statement”). Tenant shall thereafter pay in advance in monthly installments, with the Base Rent, the estimated amount of the Operating Expenses. Such Estimate Statement may On or before the first day of each month, commencing on the Rent Commencement Date, Tenant shall pay, in advance, as monthly Additional Rent, the amount estimated by Landlord to be revised from time to time by LandlordTenant’s Operating Expenses. As soon as possible after the end of the Expense Year, but no more than one time for every calendar quarter under the Lease. Landlord shall within the period of 120 calendar days (or as soon thereafter as possible) after the close of each calendar year give provide Tenant with a written statement of such year’s the actual Operating Expenses andExpense, together with the amount of Tenant’s share thereof for such Expense Year, and the payments made by Tenant for such Expense Year. Any overpayments shall be credited against subsequent Additional Rent payments, and any underpayments shall be paid by Xxxxxx in a reconciliation statement comparing the actual costs with the costs set forth in the Estimate Statement (an “Expense Reconciliation”). In the event such reconciliation statement reveals an underpayment by Tenant, Tenant shall, lump sum within thirty (30) days, pay days of receipt of Landlord’s statement. Such overpayments or underpayments shall be deemed to Landlord have accrued during the amount of such underpayment. If, on the other hand, the reconciliation statement reveals an overpayment Landlord prior Expense Year and shall promptly refund be credited to Tenant or become due and payable from Tenant, as the amount case may be, even though the Term of such overpayment orthis Lease may have expired or this Lease may have been terminated prior to Xxxxxx’s receipt of the statement. If payment is made after the fifth (5th) of the month, at Landlord’s election, credit such amount to the succeeding monthly installments of Additional Rent; provided, however, no refunds of Additional Rent, or amounts escrowed hereunder, Tenant shall be paid to Tenant until Tenant has cured any default of any of its obligations under the Lease. The failure of pay Landlord to submit statements provided for herein shall not relieve Tenant of its obligation to pay the Operating Expensesa late charge as set forth in Section 4.3 above.

Payment of Operating Expenses. For each calendar year during a. Notwithstanding anything to the Lease Termcontrary contained in the Lease, Landlord Tenant shall provide Tenant with Landlordnot be obligated to pay Tenant’s reasonable estimate Proportionate Share of the Operating Expenses for the following calendar year (Additional Premises until the “Estimate Statement”)first anniversary of the Renewal Date. Furthermore, during period beginning September 1, 2014 and ending August 31, 2015, Tenant shall thereafter not be required to pay in advance in monthly installments, with the Base Rent, the estimated amount Tenant’s Proportionate Share of the Operating Expenses. Such Estimate Statement may be revised from time to time by Landlord, but no more than one time for every calendar quarter under the Lease. Landlord shall within the period of 120 calendar days (or as soon thereafter as possible) after the close of each calendar year give Tenant a statement of such year’s actual Operating Expenses and, together with a reconciliation statement comparing the actual costs with the costs set forth in the Estimate Statement (an “Expense Reconciliation”). In the event such reconciliation statement reveals an underpayment by Tenant, Tenant shall, within thirty (30) days, pay to Landlord the amount of such underpayment. If, on the other hand, the reconciliation statement reveals an overpayment Landlord shall promptly refund to Tenant the amount of such overpayment or, at Landlord’s election, credit such amount respect to the succeeding monthly installments of Additional RentOriginal Premises; provided, however, no refunds of Additional Rent, or amounts escrowed hereunder, nothing herein shall be paid construed to Tenant until Tenant has cured any default of any of its obligations under the Lease. The failure of Landlord to submit statements provided for herein shall not relieve Tenant of its waive Tenant’s obligation to pay any shortfall in estimated payments (or to receive a refund of any overpayment) of Tenant’s Proportionate Share of Operating Expenses for the Original Premises accruing prior to September 1, 2014 during such period. Commencing as of September 1, 2015 and thereafter during the Extended Term, Tenant shall be obligated to pay Tenant’s Proportionate Share of Operating ExpensesExpenses for the entire Premises (i.e., the Original Premises and the Additional Premises) in accordance with Exhibit D of the Lease, as modified hereby. b. As of the date hereof, the last sentence of Section 1.05 of Exhibit D attached to the Lease shall be deleted and the following shall be substituted in lieu thereof: “All Operating Expenses that vary with occupancy will be adjusted to reflect 95% occupancy during any calendar year in which the Project is not fully occupied.” To the best of Landlord’s knowledge as of the date hereof, there are no credits, abatements or exemptions granted to Landlord from Fairfax County, Virginia against Real Property Taxes applicable to the Project or the Building which will not remain in place for the full Extended Term.

Payment of Operating Expenses. For (a) Commencing on November 1, 2021 and for the duration of the Extension Term and Additional Extension Term, if exercised (“Triple Net Period”), in addition to the payment of Base Rent set forth herein, Tenant shall be responsible for the payment of Tenant’s Share of Operating Expenses, plus applicable sales taxes, and the concept of “Base Year” shall no longer be applicable. Tenant shall pay, on the first day of each calendar month, an amount equal to 1/12 of the Tenant’s Share of Operating Expenses in accordance with Section 6(b) of this Sixth Amendment. (b) Prior to the beginning of each year during within the Lease TermTriple Net Period (under this Section 6, a year shall refer to the period from November 1st to October 31st), Landlord shall provide Tenant with Landlorda reasonably detailed statement specifying the actual Operating Expenses currently being incurred by the Landlord and the payment of Tenant’s Share of Operating Expenses for the then-current year shall be based upon this statement (absent manifest error) (“Operating Expense Statement”); provided, however, to the extent Landlord is reasonably unable to provide Tenant with the Operating Expense Statement prior to the beginning of any year within the Triple Net Period, Landlord shall provide Tenant with a reasonable estimate of the Operating Expenses factoring in the prior year’s expenses (“Operating Expense Estimate”) and Xxxxxx's payment of Tenant’s Share of Operating Expenses shall be based on such Operating Expenses Estimate for the following calendar year (the “Estimate Statement”). Tenant shall thereafter pay in advance in monthly installments, with the Base Rent, the estimated amount of the Operating Expenses. Such Estimate Statement may be revised question and is subject to increase or decrease as determined by Landlord from time to time by Landlordto reflect an accurate estimate of actual Operating Expenses. If Landlord provides Tenant with either an Operating Expense Statement or an Operating Expense Estimate prior to the beginning of a year within the Triple Net Period, but no more than one time for every calendar quarter under the Lease. Landlord shall within the period of 120 calendar days (or as soon thereafter as possible) after the close of each calendar year give Tenant a statement of such yearLandlord’s actual Operating Expenses andchange throughout the year, together Landlord shall, within one hundred and eighty (180) days after the end of such year, provide Tenant with a reconciliation reasonably detailed statement comparing specifying the Operating Expenses that were actually incurred by the Landlord during that year. If Tenant’s payment under this Section was less than Tenant’s Share of the actual costs with the costs set forth in the Estimate Statement (an “Expense Reconciliation”). In the event such reconciliation statement reveals an underpayment by TenantOperating Expenses, Tenant shall, shall reimburse Landlord the difference within thirty (30) daysdays after Xxxxxx’s receipt of the written request by Landlord for such payment. If Tenant’s payment under this Section exceeded Xxxxxx’s Share of actual Operating Expenses, pay to Landlord shall credit the amount of such underpayment. IfTenant’s overpayment against the next installment(s) of Base Rent due from Tenant pursuant to the Lease (and if no money is due from Tenant to Landlord, on the other hand, the reconciliation statement reveals an overpayment Landlord Tenant shall promptly refund to Tenant be immediately reimbursed the amount of the overpayment). The foregoing provision shall survive the expiration or earlier termination of this Lease. (c) During the Triple Net Period, if less than 100% of the rentable square feet in the Building is occupied by tenants or Landlord is not supplying services to 100% of the rentable square feet of the Building at any time during any year, Operating Expenses for such overpayment or, at Landlord’s election, credit such year shall be an amount equal to the succeeding monthly installments Operating Expenses which would normally be expected to be incurred had 100% of Additional Rent; providedthe Building’s rentable square feet been occupied and had Landlord been supplying services to 100% of the Building’s rentable square feet throughout such year. (d) Commencing as of November 1, however2021, no refunds Section 7(a) through Section 7(c) of Additional Rent, or amounts escrowed hereunder, the Third Amendment shall be paid deleted in their entirety and no longer have any effect. To avoid confusion, the Third Amendment mistakenly contains two Sections labeled Section 7 and the foregoing sentence refers to Tenant until Tenant has cured any default of any of its obligations under the Lease. The failure of Landlord to submit statements provided for herein shall not relieve Tenant of its obligation to pay the Operating Expensesfirst such Section 7.

Payment of Operating Expenses. For each calendar year during Commencing on the Lease Term, Landlord shall provide Tenant with Landlord’s reasonable estimate first day of the first calendar month following the Rent Commencement Date, Tenant shall pay to Landlord as Additional Rent one twelfth (l/12th) of Tenant's Proportionate Share of Operating Expenses for the following Property for each calendar year on or before the first day of each month during such year, in advance, in an amount reasonably estimated by Landlord in good faith and billed by Landlord to Tenant. Landlord shall have the right to revise such estimate from time to time. Within ninety (90) days after the expiration of each calendar year, Landlord shall furnish Tenant with a statement (“Estimate Landlord’s Operating Expense Statement”), setting forth the actual amount of Operating Expenses for the Property for such year and Tenant’s Proportionate Share of Operating Expenses. If the actual amount of Operating Expenses due for such year payable by Tenant shall thereafter pay in advance in monthly installments, with the Base Rent, differs from the estimated amount of the Operating Expenses. Such Estimate Statement may be revised from time Expenses paid by Tenant for such year, then, if Tenant owes any amounts to time by Landlord, but no more than one time for every calendar quarter under the Lease. Landlord such amounts shall within the period of 120 calendar days be paid by Tenant (whether or as soon thereafter as possiblenot this Lease has terminated) after the close of each calendar year give Tenant a statement of such year’s actual Operating Expenses and, together with a reconciliation statement comparing the actual costs with the costs set forth in the Estimate Statement (an “Expense Reconciliation”). In the event such reconciliation statement reveals an underpayment by Tenant, Tenant shall, within thirty (30) days, pay to Landlord the amount days after receipt of such underpayment. If, on the other hand, the reconciliation statement reveals an overpayment Landlord shall promptly refund to Tenant the amount of such overpayment or, at Landlord’s electionOperating Expense Statement, credit and if Landlord owes any amounts to Tenant, such amount to amounts shall be credited against the succeeding monthly next installments of Base Rent and Additional Rent; providedRent due from Tenant (or if the Lease has terminated for any reason other than Tenant’s default, however, no refunds of Additional Rent, or amounts escrowed hereunder, shall be paid to Tenant until Tenant has cured any default within thirty (30) days after delivery of any of its obligations under the Lease. The failure of Landlord to submit statements provided for herein shall not relieve Tenant of its obligation to pay the Landlord’s Operating ExpensesExpense Statement).