Common use of Payment of Taxes and Operating Costs Clause in Contracts

Payment of Taxes and Operating Costs. (a) The amounts payable by the Tenant pursuant to Sections 3.2 and 3.5 (and Section 3.3. if applicable) may be estimated by the Landlord for such period as the Landlord determines from time to time, and the Tenant agrees to pay to the Landlord the Tenant's Proportionate Share as so estimated, of such amounts in monthly installments in advance during such period as Additional Rent. Notwithstanding the foregoing, the Landlord's estimates may be revised from time to time and as soon as bills for all or any portion of the amounts so estimated are received, the Landlord may xxxx tile Tenant for the Tenant's Proportionate Share thereof and the Tenant will pay the Landlord the amounts billed (less all amounts previously paid by the Tenant on the basis of the Landlord's estimate) as Additional Rent within five (5) days after demand. (b) Within a reasonable period of time after the end of the period for which the estimated payments have been made, the Landlord will determine and advise the Tenant of (i) the amounts and costs referred to in Section 3.2 and Section 3.3 (if applicable) for such period, together with the calculation the Tenant's Proportionate Share of such amounts and costs pursuant to Section 3.2 and Section 3.3 (if applicable); and (ii) the Operating Costs referred to in Section 3.5 for such period, together with a calculation of the Tenant's Proportionate Share of such Operating Costs payable pursuant to Section 3.5; and if necessary, an adjustment shall be made between the parties in the following manner. If the Tenant has paid in excess of the amounts due, the excess will be refunded by the Landlord within a reasonable period of time after the Landlord's determination, or, at the option of the Landlord, the excess will be credited to amounts payable pursuant to Sections 3.2, 3.5 (and 3.3. if applicable) in the immediately following Rental Year. If the amount the Tenant has paid is less than the amounts due, the Tenant will pay such additional amounts due within five (5) days after demand. If any Rental Year during the Term is greater or less than any such period determined by the Landlord, the Tenant's Proportionate Share pursuant to Sections 3.2 and 3.5 (and Section 3.3, if applicable) will be subject to a per diem, pro rata adjustment based upon a period of three hundred and sixty-five (365) days and will be made on or before the last day of the Term. If the Term expires or this Lease is terminated prior to a final determination of the Tenant's Proportionate Share of the costs and expenses set out in Sections 3.2 and 3.5 (and Section 3.3, if applicable), an amount payable for the last Rental Year of the Term will be estimated by the Landlord, acting reasonably. As soon as the amount payable by the Tenant for the last Rental Year of the Term has been determined, the amount will be adjusted between the Landlord and the Tenant.

Payment of Taxes and Operating Costs. (a) The amounts amount of taxes and Operating Costs payable by to the Tenant Landlord pursuant to Sections 3.2 4.4 and 3.5 (and Section 3.3. if applicable) 4.5 of this Lease may be estimated by the Landlord for such period (not to exceed 24 months) as the Landlord determines from time to time, and the Tenant agrees to pay to the Landlord the Tenant's Proportionate Share as amounts so estimated, of such amounts estimated in monthly installments equal instalments in advance on the first day of each month during such period as Additional Rentperiod. Notwithstanding the foregoing, the Landlord's estimates may be revised from time to time and as soon as when bills for all or any portion of the said amounts so estimated are received, the Landlord may xxxx tile the Tenant for the Tenant's Proportionate Share thereof, and if the Landlord so elects, the Tenant's Adjusted Proportionate Share thereof and the Tenant will shall pay the Landlord the such amounts so billed (less all amounts after crediting against such amount any monthly payments of estimated Taxes and Operating Costs previously paid made by the Tenant on Tenant, and the basis of the Landlord's estimate) as Additional Rent amount so billed shall be paid within five (5) business days after demand. (b) Within a reasonable period of time after the end of the period for which the such estimated payments have been made, the Landlord will determine and advise shall submit to the Tenant of (i) a statement from the Landlord setting forth the actual amounts and costs referred to in Section 3.2 and Section 3.3 (if applicable) for such period, together with the calculation the Tenant's Proportionate Share of such amounts and costs pursuant to Section 3.2 and Section 3.3 (if applicable); and (ii) the Operating Costs referred to in Section 3.5 for such period, together with a calculation of the Tenant's Proportionate Share of such Operating Costs payable pursuant to Section 3.5; and if necessary, an adjustment shall be made between the parties in the following manner. If by the Tenant has paid in excess of the amounts due, the excess will be refunded by the Landlord within a reasonable period of time after the Landlord's determination, or, at the option of the Landlord, the excess will be credited to amounts payable pursuant to Sections 3.2, 3.5 (4.4 and 3.3. if applicable) in the immediately following Rental Year4.5 of this Lease. If the amount the Tenant has paid is less than the amounts amount due, the Tenant will shall pay such additional amounts due deficiency within five (5) business days after demand. If any Rental Year during the Term is greater or less than any submission of such period determined by the Landlord, the Tenant's Proportionate Share pursuant to Sections 3.2 and 3.5 (and Section 3.3, if applicable) will be subject to a per diem, pro rata adjustment based upon a period of three hundred and sixty-five (365) days and will be made on or before the last day of the Termstatement. If the Term expires or this Lease amount paid by the Tenant is terminated prior greater than the amount due, the amount of such excess may be retained by the Landlord to a final determination be credited and applied by the Landlord to the next succeeding instalments of the Tenant's Proportionate Share of Taxes and Operating Costs (either actual or as estimated by the costs Landlord), but if such excess has been paid with respect to the last year of the Term, then the Landlord shall pay such excess to the Tenant within five (5) business days after submission of such statement. (c) If the Landlord, acting equitably, determines that the Tenant's Proportionate Share of Taxes and expenses Operating Costs payable in accordance with Sections 4,6(a) and (b) of this Lease does not accurately reflect the Tenant's fair and proper share of Taxes and Operating Costs, then the Landlord shall determine the Tenant's Adjusted Proportionate Share of such Taxes and Operating Costs. (d) If the Landlord so determines the Tenant's Adjusted Proportionate Share of the Taxes and Operating Costs, which may be an amount either less or greater than the Tenant's Proportionate Share of Taxes and Operating Costs, the Tenant shall pay such Adjusted Proportionate Share of Taxes and Operating Costs rather than its Proportionate Share thereof, in the same manner as set out in Sections 3.2 4.6(a) and 3.5 (and Section 3.3, if applicable), an amount payable for the last Rental Year b) of the Term will be estimated by the Landlord, acting reasonably. As soon as the amount payable by the Tenant for the last Rental Year of the Term has been determined, the amount will be adjusted between the Landlord and the Tenantthis Lease.

Payment of Taxes and Operating Costs. (a) The amounts payable by the Tenant pursuant to under Sections 3.2 3.02 and 3.5 3.04 (and under Section 3.3. 3.03, if applicable) may be estimated by the Landlord for such period as the Landlord determines from time to time, and the Tenant agrees to pay to the Landlord the Tenant's Proportionate Share as so estimated, of such amounts in monthly installments in advance during such period as Additional Rent. Notwithstanding the foregoing, the Landlord's estimates may be revised from time to time and as soon as bills for all or any portion of by the amounts so estimated are receivedLandlord. Commencing on the Commencement Date, the Landlord may xxxx tile Tenant for the Tenant's Proportionate Share thereof and the Tenant will shall pay the Landlord such estimated amounts payable under Sections 3.02 and 3.04 (and under Section 3.03, if applicable), in equal consecutive monthly instalments in advance, on the amounts billed (less all amounts previously paid by first day of every month in the period for which the estimate is made. The Landlord may from time to time revise any of such estimates and in such event the Tenant’s monthly payments will be adjusted accordingly beginning with the first day of the calendar month after the Landlord notifies the Tenant on the basis of the Landlord's estimate) as Additional Rent within five (5) days after demandrevised estimate and the adjusted monthly amounts. Any such amounts payable for any fractional month in which the Commencement Date occurs, or for any fractional month at the end of the Term, will be pro-rated on a daily basis. (b) Within a reasonable period of time ninety (90) days after the end of the period for which the estimated payments have been made, the Landlord will determine and advise deliver to the Tenant an audited statement of the exact amounts payable by the Tenant under Sections 3.02 and 3.04 (i) the amounts and costs referred to in under Section 3.2 and Section 3.3 (if applicable) for such period3.03, together with the calculation the Tenant's Proportionate Share of such amounts and costs pursuant to Section 3.2 and Section 3.3 (if applicable); and (ii) the Operating Costs referred to in Section 3.5 for such period, together with . Said statement shall be completed by a calculation of the Tenant's Proportionate Share of such Operating Costs payable pursuant to Section 3.5; and if certified accountant or other qualified financial person. If necessary, an adjustment shall will be made between the parties in within fifteen (15) days after the following mannerTenant has been advised of the actual amounts. If the Tenant has paid in excess of the amounts due, the excess will shall be refunded credited by the Landlord within a reasonable period of time after the Landlord's determination, or, at the option of the Landlord, the excess will be credited to amounts payable pursuant to Sections 3.2, 3.5 (and 3.3. if applicable) against Rent then or in the immediately following Rental Yearfuture owing by the Tenant under this Lease. If the amount the Tenant has paid is less than the amounts due, the Tenant will agrees to pay such additional amounts due within five with the next monthly instalment of Basic Rent. This provision shall survive the expiration or earlier termination of this Lease. Failure of the Landlord to render any statement under this subsection 3.05(b) shall not (5i) days after demandprejudice the Landlord’s right to render such statement thereafter or with respect to any other period, or (ii) relieve the Tenant from its obligations hereunder. If any Rental Year during the Term is greater or less than The rendering of any such period determined by statement shall also not affect the Landlord, the Tenant's Proportionate Share pursuant ’s right subsequently to Sections 3.2 and 3.5 (and Section 3.3, if applicable) will be subject to a per diem, pro rata adjustment based upon a period of three hundred and sixty-five (365) days and will be made on render an amended or before the last day of the Term. If the Term expires or this Lease is terminated prior to a final determination of the Tenant's Proportionate Share of the costs and expenses set out in Sections 3.2 and 3.5 (and Section 3.3, if applicable), an amount payable for the last Rental Year of the Term will be estimated by the Landlord, acting reasonably. As soon as the amount payable by the Tenant for the last Rental Year of the Term has been determined, the amount will be adjusted between the Landlord and the Tenantcorrected statement.

Payment of Taxes and Operating Costs. (a) The amounts payable by the Tenant pursuant pursuance to Sections 3.2 paragraph 6(a)(ii) and 3.5 (and Section 3.3. if applicableparagraph 6(b)(ii) hereof may be estimated by the Landlord for such period as the Landlord determines from time to time, and the Tenant agrees to pay to the Landlord the Tenant's Proportionate Share as so estimated, estimated of such amounts in monthly installments instalments in advance during such the period as Additional Rentadditional rent. Notwithstanding the foregoing, the Landlord's estimates may be revised from time to time and as soon as bills for all or any portion of the amounts so estimated are received, the Landlord may xxxx tile the Tenant for the Tenant's Proportionate Share thereof and the Tenant will shall pay the Landlord the amounts amount so billed (less all amounts previously paid by the Tenant on the basis of the Landlord's estimateestimates) as Additional Rent additional rent within five ten (510) days after demandfollowing receipt by the Tenant of written notice of the amount owing, if any. (b) Within a reasonable period of time after the end of the period for which the estimated payments have been made, the Landlord will shall determine and advise the Tenant of (i) the amounts Taxes and costs referred to in Section 3.2 and Section 3.3 (if applicable) Operating Costs for such period, together with the calculation of the Tenant's Proportionate Share of such amounts and costs pursuant to Section 3.2 and Section 3.3 (if applicable); and (ii) the Operating Costs referred to in Section 3.5 for such periodcosts, together with a calculation of the Tenant's Proportionate Share of such Operating Costs payable pursuant to Section 3.5; and if necessary, an and adjustment shall be made between the parties in the following manner. If the Tenant has paid in excess of the amounts due, the excess will be refunded by the Landlord within a reasonable period of time after the Landlord's determination, or, at the option of the Landlord, the excess will be credited to amounts payable pursuant to Sections 3.2, 3.5 (and 3.3. if applicable) in the immediately following Rental Year. If the amount the Tenant has paid is less than the amounts due, the Tenant will shall pay such the deficiency to the Landlord as additional amounts due rent within five ten (510) days after demandfollowing the receipt by the Tenant of notice of the amount of the deficiency. If any Rental Year during the Term amount the Tenant has paid is greater than the amounts due, the Landlord shall refund the excess to the Tenant within a reasonable period for the time after the Landlord's determination. (c) If the term of this lease shall commence, or less shall be determined on a day other than any the first or last day of the period from time to time adopted by the Landlord in accordance with paragraph 7(a), The Tenant shall be liable only for a portion of the amount of the Tenant's Proportionate Share of Taxes and Operating costs for such period, determined by a per diem basis by dividing the amount of the Tenant's Proportionate Share of Taxes and Operating Costs for such period determined by 365 and multiplying the quotient so obtained by the number of days in the term falling in the period in questions. (d) That the Tenant will reimburse the Landlord for each rental year and at the times and in the manner specified by the Landlord, the Tenant's Proportionate Share pursuant to Sections 3.2 and 3.5 (and Section 3.3, if applicableas hereinafter defined) will be subject to a per diem, pro rata adjustment based upon a period of three hundred and sixty-five (365) days and will be made on or before the last day of the Term. If Landlord's Capital Taxes related to the Term expires or this Lease is terminated prior to a final determination Building and the full amount of any taxes in the nature of the Tenant's Proportionate Share business transfer tax, value added tax, sales tax or any other similar tax levied, rated, charged or assessed in respect of the costs Minimum Rent and expenses set out in Sections 3.2 and 3.5 (and Section 3.3, if applicable), an amount payable for the last Rental Year of the Term will be estimated by the Landlord, acting reasonably. As soon as the amount additional rent payable by the Tenant for the last Rental Year under this Lease or in respect of the Term has been determined, rental of space by the amount will be adjusted between Tenant under this Lease. It is agreed and understood that the Tenant shall reimburse the Landlord for such taxes at the full tax rate applicable from time to time in respect of the Minimum Rent and additional rent or the Tenantrental of space, without reference to any tax credits or exemptions available to the Landlord.