Payment of Tenant’s Proportionate Share Sample Clauses

Payment of Tenant’s Proportionate Share. (a) The Operating Costs may be estimated by the Landlord for a period no greater than 12 months and the Tenant shall pay to the Landlord as Additional Rent, one-twelfth of such estimated payments in advance during such period together with the monthly instalments of Minimum Rent. Despite the foregoing, as soon as bills for all or any portion of the said amounts are received, the Landlord may bxxx the Tenant for its relevant share of the said amounts (less all amounts previously paid by the Tenant on the basis of the Landlord’s estimate which have not already been so applied) and the Tenant shall pay the Landlord such amount as Additional Rent on demand. (b) Following the end of the period for which such estimated payments have been made, the Landlord will deliver to the Tenant a statement (the “Statement”) containing: (i) reasonable particulars of the actual Operating Costs and the Real Property Taxes for such period; (ii) the Tenant’s Proportionate Share of the Operating Costs; (iii) a statement of the Real Property Taxes payable by the Tenant pursuant to section 6.3; and (iv) the Utilities payable by the Tenant pursuant to section 7.1(c). The Landlord shall use reasonable efforts to deliver the Statement to the Tenant within 120 days following the end of the relevant period, but its failure to do so will not preclude the Landlord from subsequently delivering the Statement and from making any necessary adjustments. After the delivery of a Statement, the Landlord may subsequently render supplemental statements if it subsequently discovers errors or omissions in the amounts previously charged to the Tenant or if there are any changes to the Real Property Taxes and the parties shall make the appropriate adjustment in the same manner as set out in section 5.2(c). (c) If the Statement shows that the Tenant has paid: (i) more than the amount actually payable by it (the difference being called the “Excess”), then, provided the Tenant is not in default of any of the Tenant’s Covenants, the Excess will be applied by the Landlord against the next succeeding instalments of the Operating Costs and Real Property Taxes payable by the Tenant. If there is any Excess for the last year of the Term, the Excess will be refunded by the Landlord to the Tenant at the same time as the Landlord delivers the Statement for the last year of the Term, provided the Tenant is not in default of any of the Tenant’s Covenants. If the Tenant is in default of any of the Tenant’s Covenants, ...
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Payment of Tenant’s Proportionate Share. Tenant shall pay to the Landlord throughout the Term or any renewals, its Proportionate Share of the Operating Costs and Taxes, as well as an administration fee equal to three percent (3%) of the said Operating Costs and Taxes and of the Minimum Net Net Rental. Notwithstanding anything to the contrary herein contained, the Landlord may, prior to the commencement of each calendar year or as soon thereafter as is reasonably possible, furnish to the Tenant an estimate of the Operating Costs and Taxes for such calendar year, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the year in question, Additional Rental equal to one twelfth (1/12) of the Tenants Proportionate Share of the estimated Operating Costs and Taxes. Should the first Lease Year of the Term not commence on the first (1st) day of January or should the last Lease Year of the Term not terminate on the thirty-first (31st) day of December, then prior to the Commencement Date of the Term or prior MONTREAL INDUSTRIAL LEASE PAGE 8 to the anniversary of the Commencement Date in the last Lease Year of the Term, as the case may be, or as soon thereafter as is reasonably possible, Landlord shall furnish to Tenant an estimate of the Operating Costs and Taxes for the part of the Lease Year in question, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the part of the Lease Year in question, Additional Rental equal to the Tenant's Proportionate Share of the estimated Operating Costs and Taxes divided by the number of months for that part of the Lease Year in question. After the end of each calendar year, or after the end of the Term in the case of the final Lease Year, the Landlord shall furnish the Tenant with financial statements setting forth the actual Operating Costs and Taxes for such calendar year (or part of the Lease Year, as the case may be) and the Tenant shall pay to the Landlord forthwith an amount equal to its Proportionate Share of the excess of the actual Operating Costs and Taxes over the estimated Operating Costs and Taxes. Should the estimated Operating Costs and Taxes exceed the actual Operating Costs and Taxes, the Tenant shall receive credit for its Proportionate Share of the excess. The appropriate adjustments shall be made between the parties hereto within thirty (30) days after the date on which the Landlord has furnished the Tenant with such statement.
Sample 1
Payment of Tenant’s Proportionate Share. Prior to the commencement of each Lease Year, the Landlord shall notify the Tenant of its reasonable and bona fide estimate of the Tenant's Proportionate Share of Occupancy Costs for that Lease Year. The Tenant shall pay such estimated amount in equal monthly installments in advance on the first day of each month during the Lease Year. From time to time during a Lease Year the Landlord may, acting reasonably, re-estimate the amount of the Tenant's Proportionate Share of Occupancy Costs and shall fix monthly installments for the then remaining balance of the Lease Year so that the Landlord's estimate, original or revised, of the Tenant's Proportionate Share will have been entirely paid during that Lease Year. The Landlord shall make a final determination of the Tenant's Proportionate Share of Occupancy Costs for the relevant Lease Year within 120 days of the Landlord's financial year end, which shall be binding upon both Parties and shall provide the Tenant with a statement of the Occupancy Costs for the relevant Lease Year. The Landlord and the Tenant shall expeditiously make any necessary readjusting payment; provided that the Tenant may not claim a re-adjustment based solely upon any error of estimation, determination or calculation unless claimed in writing within one (1) year after the Lease Year to which the claim relates.
Sample 1
Payment of Tenant’s Proportionate Share. Operating Costs shall be estimated by the Landlord for such period as the Landlord may determine and the Tenant agrees to pay to the Landlord its Proportionate Share of such amounts, in monthly installments in advance, during such period together with other rental payments provided for in this Lease. If the Tenant shall have paid in excess of the actual amount due, the excess shall be refunded by the Landlord within a reasonable period of time or be credited on account of Rent next falling due. If the amount the Tenant has paid is less than the actual amount due, the Tenant shall pay the deficiency with the next Minimum Rent payment due.
Sample 1
Payment of Tenant’s Proportionate Share. (a) The Operating Costs may be estimated by the Landlord for a period no greater than 12 months and the Tenant shall pay to the Landlord as Additional Rent, one-twelfth of such estimated payments in advance during such period together with the monthly instalments of Minimum Rent. Notwithstanding the foregoing, as soon as bills for all or any portion of the said amounts are received, the Landlord may xxxx the Tenant for its Proportionate Share of the said amounts (less all amounts previously paid by the Tenant on the basis of the Landlord's estimate which have not already been so applied) and the Tenant shall pay the Landlord such amount as Additional Rent on demand. Despite the foregoing, the Landlord's estimate of Operating Costs may not exceed the actual Operating Costs for the previous 12 month period by more than 10%.
Sample 1
Payment of Tenant’s Proportionate Share. Tenant's Proportionate Share of the Estimated Costs for each calendar year shall be paid as additional rent without demand, deduction, diminution, or set-off in monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord from time to time. If the term of this Lease commences or terminates (other than by reason of Tenant's default) during the calendar year, Tenant's obligation for Tenant's Proportionate Share of Estimated Costs shall be prorated based on the term of the Lease contained within the calendar year. Within ninety (90) days after the end of each calendar year, Landlord shall furnish Tenant with a statement of the actual amount of Tenant's Proportionate Share of the Operating Costs for such period. In the event the total of Tenant's monthly installments paid for any calendar year does not equal Tenant's Proportionate Share as shown on such statement, then upon receipt of such annual statement, Tenant shall promptly pay Landlord as additional rent any deficiency or Landlord shall issue to Tenant a credit invoice for such excess (except at the end of the term of this Lease in which case Landlord shall promptly pay Tenant such excess), as the case may be.
Sample 1

Related to Payment of Tenant’s Proportionate Share

  • Tenant’s Proportionate Share [15%]. Such share is a fraction, the numerator of which is the Rentable Area of the Premises, and the denominator of which is the Rentable Area of the Project, as determined by Landlord from time to time. The Project consists of one building containing a total Rentable Area of 30,000 square feet.

  • Proportionate Share If the Premises are a part of a multiple tenancy complex, the responsibility of the Lessee for costs are determined by taking a percentage of the total cost of the expenses based upon the rentable floor space in said complex occupied by the Lessee. It is agreed that the Premises is [%] ("Proportionate Share") of the total floor space in the building. The Lessor may, with notice to the Lessee, elect to perform and provide certain maintenance and services pertaining to the entire building or area of which the Premises are a part, including, but not limited to, landscaping, trash removal, lawn maintenance, common area lighting, watering, paving maintenance, and snow removal. In such event, the Lessee shall reimburse the Lessor for its Proportionate Share of such maintenance services. Within ninety (90) days following the end of each year during the Term, the Lessor shall furnish the Lessee with a written statement covering the lease year just expired (measured from the Commencement Date), showing in reasonable detail a general breakdown of the total operating costs, the amount of the Lessee's obligation relating thereto, and the total payments made by the Lessee. The Lessee agrees to conduct its business in a lawful and legal manner, and in a way that provides quiet enjoyment to the rest of the Lessees in the complex, including, but not limited to, mitigation and limitation of noise, vibration, odor, trash, or fumes. In the event the Lessor receives complaints from other Lessees in the building or complex and determines, in its sole reasonable judgment, that the Lessee is conducting its operations in a manner so as to be objectionable to other Lessees, the Lessee shall, upon notice from the Lessor, promptly modify its operations to eliminate such objections.

  • Tenant’s Pro Rata Share For the period commencing with the Expansion Effective Date and ending on the Termination Date, Tenant’s Pro Rata Share for the Expansion Space is one point one five percent (1.15%).

  • Landlord’s Expenses In the event Tenant shall assign this Lease or sublet the Premises or request the consent of Landlord to any Transfer, then Tenant shall pay Landlord's reasonable costs and expenses incurred in connection therewith, including, but not limited to, attorneys', architects', accountants', engineers' or other consultants' fees.

  • Common Area Operating Expenses Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share (as specified in Paragraph 1.6(b)) of all Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions:

  • Disbursement of Tenant Improvement Allowance During the construction of the Tenant Improvements, Landlord shall make monthly disbursements of the Tenant Improvement Allowance for Tenant Improvement Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows.

  • Common Area Expenses In the event the demised premises are situated in a shopping center or in a commercial building in which there are common areas, Lessee agrees to pay his pro-rata share of maintenance, taxes, and insurance for the common area.

  • Operating Expenses Unless modified in accordance with Exhibit D, Landlord maintenance addendum, attached hereto, it is the intention of the parties and they hereby agree that this shall be a triple net Lease, and the Landlord shall have no obligation to provide any services, perform any acts or pay any expenses, charges, obligations or costs of any kind whatsoever with respect to the Premises, and Tenant hereby agrees to pay one hundred percent (100%) of any and all Operating Expenses as hereafter defined for the entire term of the Lease and any extensions thereof in accordance with specific provisions hereinafter set forth. The term Operating expenses shall include all costs to Landlord of operating and maintaining the Building and related parking areas, and shall include, without limitation, real estate and personal property taxes and assessments, management fee, heating, electricity, water, waste disposal, sewage, operating materials and supplies, service agreements and charges, lawn care, snow removal, restriping, repairs, repaving, cleaning and custodial, security, insurance, the cost of contesting the validity or applicability of any governmental acts which may affect operating expenses, and all other direct operating costs of operating and maintaining the Building and related parking areas, unless expressly excluded from operating expenses. Notwithstanding the foregoing, operating costs (and Tenant's obligations in relation thereto) shall not include (i) any expense chargeable to a capital account or capital improvement, ground leases; principal or interest payments on any mortgage or deed of trust on the premises; (ii) any amount for which Landlord is reimbursed through insurance, by third persons, or directly by other tenants of the premises, (iii) repair costs occasioned by fire, windstorm or other casualty, (iv) any construction, repair or maintenance expenses or obligations that are the sole responsibility of Landlord (not to be reimbursed by Tenant), (v) leasing commissions and other expenses incurred in connection with leasing any other area located on the premises to any other party, (vi) any expense representing an amount paid to an affiliate or subsidiary of Landlord which is in excess of the amount which would be paid in the absence of such relationship, and (vii) costs of items and services for which Tenant reimburses Landlord or pays third persons directly.

  • Tenant’s Percentage Share The term "Tenant's Percentage Share" shall mean 46.67% and shall be used to calculate increases in Property Taxes and Operating Expenses (as such terms are hereinafter defined) payable by Tenant. Landlord may reasonably redetermine Tenant's Percentage Share from time to time to reflect reconfigurations, additions or modifications to the Building.

  • Direct Expenses 1. Fees and expenses of its directors (except the fees of those directors who are deemed to be "interested persons" of the Fund as that term is defined in the Investment Company Act of 1940) and the meetings thereof;

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