Common use of Prorations of Tenant’s Operating Payments and Tenant’s PILOT Payments Clause in Contracts

Prorations of Tenant’s Operating Payments and Tenant’s PILOT Payments. (a) If any Commencement Date or the Expiration Date hereunder shall occur on a date other than January 1 or December 31, any Additional Rent owed under Section 4.03 for the first Lease Year or the last Lease Year, respectively, shall be apportioned in that percentage which the number of days in the period from such Commencement Date to December 31 (with respect to the first Lease Year) or from January 1 to the Expiration Date (with respect to the last Lease Year), both inclusive, shall bear to the total number of days in such Lease Year (assuming a year of twelve 30-day months). (b) If any Commencement Date or the Expiration Date shall occur on a date other than July 1 or June 30, any Additional Rent owed under Section 4.06 for the first PILOT Year or the last PILOT Year, respectively, shall be apportioned in that percentage which the number of days in the period from such Commencement Date to June 30 (with respect to the first PILOT Year) or from July 1 to the Expiration Date (with respect to the last PILOT Year), both inclusive, shall bear to the total number of days in such PILOT Year (assuming a year of twelve 30-day months). (c) In the event of the expiration or termination of this Lease, any such Additional Rent owed or to be refunded under this Article 4 shall be paid within thirty (30) days after submission of an Operating Statement or PILOT Statement, as the case may be, and the rights and obligations of Landlord and Tenant under the provisions of this Article 4 with respect to any Additional Rent (including Tenant’s rights under Section 4.05(c) and Section 4.06(c)) shall survive the expiration or termination of this Lease. (d) Tenant shall pay any and all commercial rent occupancy tax and any other occupancy tax or rent tax relating to the Premises now in effect or hereafter enacted. If any occupancy tax or rent tax (including, without limitation, any commercial rent occupancy tax) now in effect or hereafter enacted shall be payable by Landlord in the first instance or hereafter is required to be paid by Landlord, then Tenant shall reimburse Landlord as Additional Rent for all such amounts paid within thirty (30) days of demand.

Prorations of Tenant’s Operating Payments and Tenant’s PILOT Payments. (a) If any the Rent Commencement Date or the Expiration Date hereunder shall occur on a date other than January 1 or December 31, any Additional Rent owed under Section 4.03 for the first Lease Year in which the Rent Commencement Date occurs or the last Lease Year, respectively, shall be apportioned in that percentage which the number of days in the period from such the Commencement Date to December 31 (with respect to the first Lease YearYear in which the Rent Commencement Date occurs) or from January 1 to the Expiration Date (with respect to the last Lease Year), both inclusive, shall bear to the total number of days in such Lease Year (assuming based on a year of twelve 30-day monthsof, as applicable, 365 or 366 days). (b) If any the Rent Commencement Date or the Expiration Date shall occur on a date other than July 1 or June 30, any Additional Rent owed under Section 4.06 for the first PILOT Year in which the Rent Commencement Date occurs or the last PILOT Year, respectively, shall be apportioned in that percentage which the number of days in the period from such the Commencement Date to June 30 (with respect to the first PILOT YearYear in which the Rent Commencement Date occurs) or from July 1 to the Expiration Date (with respect to the last PILOT Year), both inclusive, shall bear to the total number of days in such PILOT Year (assuming based on a year of twelve 30-day monthsof, as applicable, 365 or 366 days). (c) In the event of the expiration or termination of this Lease, any such Additional Rent owed or to be refunded under this Article 4 shall be paid within thirty (30) 30 days after submission of an Operating Statement or PILOT Statement, as the case may be, and the rights and obligations of Landlord and Tenant under the provisions of this Article 4 with respect to any Additional Rent (including Tenant’s rights under Section 4.05(c), Section 4.06(b) and Section 4.06(c)) shall survive the expiration or termination of this Lease. (d) Tenant shall pay any and all commercial rent occupancy tax and any other occupancy tax or rent tax relating , except as expressly provided to the Premises now contrary in effect or hereafter enacted. If any occupancy tax or rent tax (includingSections 4.05(c), without limitation, any commercial rent occupancy tax4.05(d) now in effect or hereafter enacted shall be payable by Landlord in the first instance or hereafter is required to be paid by Landlord, then Tenant shall reimburse Landlord as Additional Rent for all such amounts paid within thirty (30) days of demandand 4.06(c).

Prorations of Tenant’s Operating Payments and Tenant’s PILOT Payments. ‌‌‌ (a) If any the Rent Commencement Date or the Expiration Date hereunder shall occur on a date other than January 1 or December 31, any Additional Rent owed under Section 4.03 for the first Lease Year in which the Rent Commencement Date occurs or the last Lease Year, respectively, shall be apportioned in that percentage which the number of days in the period from such the Commencement Date to December 31 (with respect to the first Lease YearYear in which the Rent Commencement Date occurs) or from January 1 to the Expiration Date (with respect to the last Lease Year), both inclusive, shall bear to the total number of days in such Lease Year (assuming based on a year of twelve 30-day monthsof, as applicable, 365 or 366 days). (b) If any the Rent Commencement Date or the Expiration Date shall occur on a date other than July 1 or June 30, any Additional Rent owed under Section 4.06 for the first PILOT Year in which the Rent Commencement Date occurs or the last PILOT Year, respectively, shall be apportioned in that percentage which the number of days in the period from such the Commencement Date to June 30 (with respect to the first PILOT YearYear in which the Rent Commencement Date occurs) or from July 1 to the Expiration Date (with respect to the last PILOT Year), both inclusive, shall bear to the total number of days in such PILOT Year (assuming based on a year of twelve 30-day months).of, as applicable, 365 or 366 days).‌‌ (c) In the event of the expiration or termination of this Lease, any such Additional Rent owed or to be refunded under this Article 4 shall be paid within thirty (30) 30 days after submission of an Operating Statement or PILOT Statement, as the case may be, and the rights and obligations of Landlord and Tenant under the provisions of this Article 4 with respect to any Additional Rent (including Tenant’s rights under Section 4.05(c), Section 4.06(b) and Section 4.06(c)) shall survive the expiration or termination of this Lease. (d) Tenant shall pay any and all commercial rent occupancy tax and any other occupancy tax or rent tax relating , except as expressly provided to the Premises now contrary in effect or hereafter enacted. If any occupancy tax or rent tax (includingSections 4.05(c), without limitation, any commercial rent occupancy tax4.05(d) now in effect or hereafter enacted shall be payable by Landlord in the first instance or hereafter is required to be paid by Landlord, then Tenant shall reimburse Landlord as Additional Rent for all such amounts paid within thirty (30) days of demand.and 4.06(c).‌‌‌‌‌‌‌‌‌

Prorations of Tenant’s Operating Payments and Tenant’s PILOT Payments. (a) If any the Rent Commencement Date or the Expiration Date hereunder shall occur on a date other than January 1 or December 31, any Additional Rent owed under Section 4.03 for the first Lease Year or the last Lease Year, respectively, shall be apportioned in that percentage which the number of days in the period from such the Rent Commencement Date to December 31 (with respect to the first Lease Year) or from January 1 to the Expiration Date (with respect to the last Lease Year), both inclusive, shall bear to the total number of days in such Lease Year (assuming a year of twelve 30-day months). (b) If any the Rent Commencement Date or the Expiration Date shall occur on a date other than July 1 or June 30, any Additional Rent owed under Section 4.06 for the first PILOT Year or the last PILOT Year, respectively, shall be apportioned in that percentage which the number of days in the period from such the Rent Commencement Date to June 30 (with respect to the first PILOT Year) or from July 1 to the Expiration Date (with respect to the last PILOT Year), both inclusive, shall bear to the total number of days in such PILOT Year (assuming a year of twelve 30-day months). (c) In the event of the expiration or termination of this Lease, any such Additional Rent owed or to be refunded under this Article 4 shall be paid within thirty (30) 30 days after submission of an Operating Statement or PILOT Statement, as the case may be, and the rights and obligations of Landlord and Tenant under the provisions of this Article 4 with respect to any Additional Rent (including Tenant’s rights under Section 4.05(c) and Section 4.06(c)) shall survive the expiration or termination of this Lease). (d) Tenant shall pay any and all commercial rent occupancy tax and any other occupancy tax or rent tax relating to the Premises now in effect or hereafter enacted. If any occupancy tax or rent tax (including, without limitation, any commercial rent occupancy tax) now in effect or hereafter enacted shall be payable by Landlord in the first instance or hereafter is required to be paid by Landlord, then Tenant shall reimburse Landlord as Additional Rent for all such amounts paid within thirty (30) days of demand.