Common use of Readjustments Clause in Contracts

Readjustments. (i) Within ninety (90) days following the end of each Calculation Year and after Landlord shall have determined the amount of Expenses to be used in calculating the Expense Adjustment for such Calculation Year, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date of Landlord’s Expense Statement, pay to Landlord an amount equal to the excess of the Expense Adjustment over the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year. If the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Expense Adjustment owed for such Calculation Year, then Landlord shall credit such excess to Additional Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, until such excess has been exhausted. If this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenant, within thirty (30) days after the date of such expiration or termination, the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Year in which this Lease expires, subject to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default under this Lease following written notice thereof.

Readjustments. (i) Within ninety (90) days On or about April 1st following the end of each Calculation Adjustment Year and after (beginning April 1, 2011), or at such later time as Landlord shall have determined be able to determine the amount actual amounts of Expenses to be used in calculating Operating Costs for the Expense Adjustment for such Calculation YearYear last ended, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment actual amounts. If such actual amounts exceed the Projections for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date of such written notice from Landlord’s Expense Statement, pay to Landlord an amount equal the unpaid Tenant’s Share of Increases in Operating Costs reflected on such statement. The obligation to make such payments shall survive the excess expiration or earlier termination of the Expense Term; provided, however, Tenant shall have no obligation to make any such payment unless Tenant receives written notice that such payment is due not later than one hundred eighty (180) days after the end of an Adjustment over Year. If the Expense Adjustment component total Tenant’s Share of the Additional Rent Estimate Increases in Operating Costs paid by Tenant during such Calculation Year. If the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Expense Adjustment owed amount thereof payable for such Calculation year based upon actual Operating Costs for such Adjustment Year, then Landlord shall credit such the excess to Additional Rent installments of Tenant’s Share of Increases in Operating Costs payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, notice until such the excess has been exhausted. If , or if this Lease shall expire or be terminated prior to full application of such the excess, Landlord shall pay to Tenant the balance thereof not theretofore applied against Tenant, ’s Share of Increases in Operating Costs within thirty (30) days after the date of such expiration or termination, that the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Year in which this Lease expires, subject amount due to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default under determined. No interest or penalties shall accrue on any amounts which Landlord is obligated to credit or to pay Tenant by reason of this Lease following written notice thereofSection.

Readjustments. (i) Within ninety (90) days following After the end of each Calculation Year calendar year and after Landlord shall have determined the actual amounts of Taxes and the actual amount of Expenses to be used in calculating determining the Combined Expense and Tax Adjustment for such Calculation Yearcalendar year, Landlord shall notify furnish Tenant in writing a statement (any such notice "Landlord's Statement") of Taxes and Expenses and the Combined Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Tax Adjustment for such Calculation Yearcalendar year. If the sum of the Combined Expense Adjustment and Tax owed for such Calculation Year calendar year exceeds the Expense Adjustment component of the Additional Rent Estimate Progress Payments paid by Tenant during to Landlord for such Calculation Yearcalendar year, then Tenant shall, shall pay to Landlord within thirty (30) days after the date of Landlord’s Expense 's Statement, pay to Landlord an amount equal to such excess. If the excess of the Expense Adjustment over the Expense Adjustment component of the Additional Rent Estimate Progress Payments paid by Tenant during to Landlord for such Calculation Year. If calendar year exceed the Expense Adjustment component sum of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Combined Expense and Tax Adjustment owed for such Calculation Yearcalendar year, then Landlord shall credit such excess to Additional Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, 's Statement until such excess has been is exhausted. If this Lease shall expire or be terminated terminate prior to full application of such excess, Landlord shall pay to Tenant, Tenant the unapplied balance that is not reasonably required for payment of Rent Adjustment for the calendar year in which the Lease expires or terminates. No interest or penalties shall accrue on any amounts which Landlord is obligated to credit or pay to Tenant by reason of this Paragraph 7D. Unless Tenant shall take written exception to any item shown in any Landlord's Statement within thirty (30) days after the date of such expiration or terminationLandlord's Statement, the balance thereof not theretofore applied against Rent Landlord's Statement shall be considered as final and not reasonably required for payment of Rent for the Calculation Year in which this Lease expires, subject to conclusively binding upon Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default under this Lease following written notice thereof.

Readjustments. (i) Within ninety (90) days On or about April 1st following the end of each Calculation Year and after Adjustment Year, or at such later time as Landlord shall have determined be able to determine the amount actual amounts of Operating Expenses to be used in calculating and Taxes for the Expense Adjustment for such Calculation YearYear last ended, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment actual amounts. If such actual amounts exceed the Projections for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date of such written notice from Landlord’s Expense Statement, pay to Landlord an amount equal to the excess of the Expense Adjusted Monthly Base Rent payable for the Adjustment Year last ended based upon actual Operating Expenses and Taxes for such year over the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year. The obligation to make such payments shall survive the expiration or earlier termination of the Term. If the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year exceeds the Expense Adjustment owed amount thereof payable for such Calculation year based upon actual Operating Expense and Taxes for such Adjustment Year, then Landlord shall credit such excess to Additional installments of Adjusted Monthly Base Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, 's notice until such excess has been exhausted. If , or if this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenant, within thirty (30) days after the date of such expiration or termination, Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Year in Rent. No interest or penalties shall accrue on any amounts which this Lease expires, subject Tenant is obligated to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises pay to Landlord in accordance with or which Landlord is obligated to credit or pay to Tenant by reason of this Lease and Tenant is not then in uncured default under this Lease following written notice thereofSection.

Readjustments. (i) Within ninety (90) days On or about April 1st following the end of each Calculation Year and after Adjustment Year, or at such later time as Landlord shall have determined be able to determine the amount actual amounts of Operating Expenses to be used in calculating for the Expense Adjustment for such Calculation YearYear last ended, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment for such Calculation Yearactual amounts. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year exceeds the amount thereof payable for such year based upon actual Operating Expenses for such Adjustment Year, then Landlord shall credit such excess to installments of Adjusted Monthly Base Rent payable after the date of Landlords notice until such excess has been exhausted, or if this Lease shall expire prior to full application of such excess, Landlord shall pay to Tenant the balance thereof not theretofore applied against Rent. If such actual amounts exceed the Projections for such Adjustment Year, then Tenant shall, within thirty (30) days after the date of such written notice from Landlord’s Expense Statement, pay to Landlord an amount equal to the excess of the Expense Adjusted Monthly Base Rent payable for the Adjustment Year last ended based upon actual Operating Expenses for such year over the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year. If The obligation to make such payments shall survive the Expense Adjustment component expiration or earlier termination of the Additional Rent Estimate paid Term. No interest or penalties shall accrue on any amounts which Landlord is obligated to credit or pay to Tenant by Tenant during such Calculation Year exceeds reason of this Section 4.04. Landlord's notification of actual amounts required under this Paragraph 4.04 shall be in the Expense Adjustment owed for such Calculation Yearform of a report, then Landlord shall credit such excess to Additional Rent payable after the date certified by an officer or agent of Landlord’s Expense Statement, setting forth the amount of the actual expenses for the Adjustment Year and the resulting increase, if any, in Tenant's Monthly Base Rent and Adjusted Monthly Base Rent. Landlord agrees to keep books and records showing Operating Expenses in accordance with a generally accepted system of accounting practices consistently applied and maintained on a year-to-year basis. If Tenant shall not dispute in writing any specific item or may, at its option, credit such excess to any Rent theretofore due and owing, until such excess items on the report submitted by Landlord hereunder within 30 days after said report has been exhausted. If this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay submitted to Tenant, within thirty (30) days after then said report shall be deemed approved by Tenant and, if the date expenses specified therein are in excess of the. Projections for such expiration or terminationAdjustment Year, the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Year in which this Lease expires, subject to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord be made forthwith in accordance with the terms of this Lease Paragraph 4.04. If within said 30-day period, Tenant shall dispute in writing any specific item or items in the report submitted by Landlord hereunder and Tenant such dispute is not then settled within 60 days following such 30-day period, Tenant may refer such disputed item or items for arbitration as hereinafter provided as long as it deposits with Landlord the amount in uncured default under this Lease following written notice thereofdispute pending the outcome of the arbitration proceedings. Landlord agrees to reimburse to Tenant all or any part of such disputed amount decided by such arbitrator to be due and owing to Tenant together with interest thereon at the prime interest rate being charged by Continental Illinois National Bank and Trust Company of Chicago to its commercial customers from time to time or 10%, whichever is greater. To the extent that Landlord does not so reimburse Tenant, Tenant shall be entitled to offset all such amounts (together with interest thereon) against the next payment of rent accruing thereafter.

Readjustments. The following readjustments with regard to the Tax Adjustment and Expense Adjustment shall be made by Landlord and Tenant: (i) Within ninety (90) days following the end of each Calculation Year and after Landlord shall have determined the amount of Expenses to be used in calculating the Expense Adjustment for such Calculation Year, Landlord shall notify submit to Tenant a statement showing the actual Expenses incurred in writing the prior Adjustment Year according to major categories of expense, together with Tenant's Proportionate Share of the actual Expenses, and a computation of either Tenant's overpayment or underpayment of actual Expenses for the prior Adjustment Year (any such notice the "Landlord's Statement"). For purposes of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment for such Calculation Yearthe foregoing, Taxes shall be deemed to accrue monthly, although Taxes are paid annually. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid there has been an underpayment by Tenant during such Calculation for the previous Adjustment Year, then Tenant shall, within thirty (30) days after the date of Landlord’s Expense 's Statement, pay to Landlord an amount equal to the excess underpayment, subject to any limitation as set forth in the Lease. If Tenant has overpaid its proportionate share of the Expense Adjustment over the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year. If the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Expense Adjustment owed for such Calculation YearExpenses, then Landlord shall credit such excess to Additional Rent payable after the date of Landlord’s Expense 's Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, until such excess has been exhausted. If this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenant, within thirty (30) days after the date of such expiration or termination, Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Adjustment Year in which this Lease expiresexpires or is terminated, subject to Tenant’s 's obligations under Section 5(e4(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises Prem- ises to Landlord in accordance with this Lease and Tenant is not then in uncured default under this Lease following written notice thereofLease.

Readjustments. (i) Within ninety (90) days On or about April 1st following the end of each Calculation Year and after Adjustment Year, or at such later time as Landlord shall have determined be able to determine the amount actual amounts of Operating Expenses to be used in calculating and Taxes for the Expense Adjustment for such Calculation YearYear last ended, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment actual amounts. If such actual amounts exceed the Projections for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) 30 days after the date of such written notice from Landlord’s Expense Statement, pay to Landlord an amount equal to the excess of the Expense Adjusted Monthly Base Rent payable for the Adjustment Year last ended based upon actual Operating Expenses and Taxes for such year over the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year. The obligation to make such payments shall survive the expiration or earlier termination of the Term. If the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year exceeds the Expense Adjustment owed amount thereof payable for such Calculation year based upon actual Operating Expenses and Taxes for such Adjustment Year, then Landlord shall credit such excess to Additional installments of Adjusted Monthly Base Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, 's notice until such excess has been exhausted. If , or if this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenant, within thirty (30) days after the date of such expiration or termination, Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Year in Rent. No interest or penalties shall accrue on any amounts which this Lease expires, subject Tenant is obligated to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises pay to Landlord in accordance with or which Landlord is obligated to credit or pay to Tenant by reason of this Lease and Tenant is not then in uncured default under this Lease following written notice thereofParagraph.

Readjustments. (i) Within ninety (90) days On or about April 1st following the end of each Calculation Year and after Adjustment Year, or at such later time as Landlord shall have determined be able to determine the amount actual amounts of Expenses to be used Operating Costs for the Adjustment Year last ended adjusted in calculating the Expense Adjustment for such Calculation Yearaccordance with this Section, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment actual amounts. If such actual amounts exceed the Projections for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then the Tenant shall, within thirty (30) days after the date of such written notice from Landlord’s Expense Statement, pay to Landlord an amount equal its proportionate share of the excess based on the Net Rentable Area of the Premises as compared to the excess total rentable office area. The obligation to make such payments shall survive the expiration or earlier termination of the Expense Adjustment over Term. If the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Year. If the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Expense Adjustment owed amount thereof payable for such Calculation year based upon actual Operating Costs for such Adjustment Year, then Landlord shall credit such excess to Additional installments of Adjusted Monthly Base Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, 's notice until such excess has been exhausted. If , or if this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenant, within thirty (30) days after the date of such expiration or termination, Tenant the balance thereof not theretofore theretofor applied against Rent. No interest or penalties shall accrue on any amounts which Landlord is obligated to credit or to pay Tenant by reason of this Section. Notwithstanding any provision hereof to the contrary, in no event shall there be any readjustment as herein provided such that the Adjusted Monthly Base Rent and not reasonably required for payment of shall be less than the initial Monthly Base Rent for the Calculation Year as specified in which this Lease expires, subject to Tenant’s obligations under Section 5(e) 1.01H hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default under this Lease following written notice thereof.

Readjustments. (i) Within ninety (90) days following After the end of each Calculation Year calendar year and after Landlord shall have determined the actual amounts of Taxes and the actual amount of Expenses to be used in calculating determining the Combined Expense and Tax Adjustment for such Calculation Yearcalendar year, Landlord shall notify furnish Tenant in writing a statement (any such notice "Landlord's Statement") of Taxes and Expenses and the Combined Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Tax Adjustment for such Calculation Yearcalendar year. If the sum of the Combined Expense Adjustment owed and Tax owned for such Calculation Year calendar year exceeds the Expense Adjustment component of the Additional Rent Estimate Progress Payments paid by Tenant during to Landlord for such Calculation Yearcalendar year, then Tenant shall, shall pay to Landlord within thirty (30) days after the date of Landlord’s Expense 's Statement, pay to Landlord an amount equal to such excess. If the excess of the Expense Adjustment over the Expense Adjustment component of the Additional Rent Estimate Progress Payments paid by Tenant during to Landlord for such Calculation Year. If calendar year exceed the Expense Adjustment component sum of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Combined Expense and Tax Adjustment owed for such Calculation Yearcalendar year, then Landlord shall credit such excess to Additional Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, 's Statement until such excess has been is exhausted. If this Lease shall expire or be terminated terminate prior to full application of such excess, Landlord shall pay to Tenant, Tenant the unapplied balance that is not reasonably required for payment of Rent Adjustment for the calendar year in which the Lease expires or terminates. No interest or penalties shall accrue on any amounts which Landlord is obligated to credit or pay to Tenant by reason of this Paragraph 7D. Unless Tenant shall take written exception to any item shown in any Landlord's Statement within thirty (30) days after the date of such expiration or terminationLandlord's Statement, the balance thereof not theretofore applied against Rent Landlord's Statement shall be considered as final and not reasonably required for payment of Rent for the Calculation Year in which this Lease expires, subject to conclusively binding upon Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default under this Lease following written notice thereof.

Readjustments. (i) Within ninety (90) days On or about April lst following the end of each Calculation Year and after Adjustment Year, or at such later time as Landlord shall have determined be able to determine the amount actual amounts of Operating Expenses to be used in calculating and Taxes for the Expense Adjustment for such Calculation YearYear last ended, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment actual amounts. If such actual amounts exceed the Projections for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date of Landlord’s Expense Statement, such written notice from Landlord pay to Landlord an amount equal to the excess of the Expense Adjusted Monthly Base Rent payable for the Adjustment Year last ended based upon actual Operating Expenses and Taxes for such year over the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year. The obligation to make such payments shall survive the expiration or earlier termination of the Term. If the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year exceeds the Expense Adjustment owed amount thereof payable for such Calculation year based upon actual Operating Expenses and Taxes for such Adjustment Year, then Landlord shall credit such excess to Additional installments of Adjusted Monthly Base Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, 's notice until such excess has been exhausted. If , or if this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenantshall, within thirty (30) days after the date of such expiration or terminationwritten notice, pay to Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment Rent. No interest or penalties shall accrue on any amounts which Landlord is obligated to credit or pay to Tenant by reason of Rent for the Calculation Year in which this Lease expires, subject to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default under this Lease following written notice thereofSection.

Readjustments. (i) Within ninety (90) days following Following the end of each Calculation Year and after Landlord shall have determined the amount of Expenses to be used in calculating the Expense Adjustment for such Calculation Year, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “"Landlord’s 's Expense Statement”") of such Expenses and Tenant’s 's Expense Adjustment for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date of Landlord’s 's Expense Statement, pay to Landlord an amount equal to the excess of the Expense Adjustment over the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year. If the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Expense Adjustment owed for such Calculation Year, then Landlord shall credit such excess to Additional Rent payable after the date of Landlord’s 's Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, until such excess has been exhausted. If this Lease lease shall expire or be terminated prior to full application of such excess, . Landlord shall pay to Tenant, within thirty (30) days after the date of such expiration or termination, Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Year in which this Lease the lease expires, subject to Tenant’s 's obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease lease and Tenant is not then in uncured default under this Lease following written notice thereoflease.

Readjustments. (i) Within ninety (90) days following Following the end of each Calculation Year and after Landlord shall have determined the amount of Expenses to be used in calculating the Expense Adjustment for such Calculation Year, Landlord shall notify deliver to Tenant a statement in writing (any such notice reasonable detail setting forth the Expenses for the applicable Calculation Year and the calculation of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment for such Calculation Year (“Landlord’s Expense Statement”). Landlord shall endeavor to deliver Landlord’s Expense Statement by May 1 of each year. Landlord’s Expense Statement shall also set forth the Expenses for the Base Year. If the actual Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date receipt of Landlord’s Expense Statement, pay to Landlord an amount equal to the excess of the actual Expense Adjustment over the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year. If the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Expense Adjustment owed for such Calculation Year, then, provided that Tenant is not then in Default under this Lease, Landlord shall credit such excess to Additional Rent next coming due and payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, until such excess has been exhaustedexhausted (provided further, that if Tenant is then in Default, then Landlord may first offset such excess against any rental or other damages due and owing from Tenant resulting from any such existing Default of Tenant under this Lease). If this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenant, within thirty (30) days after the date of such expiration or terminationtermination of this Lease (or, with respect to any such excess attributable to the Calculation Year in which this Lease terminates or expires, then within thirty (30) days after delivery of the Landlord’s Expense Statement applicable thereto), the balance thereof not theretofore applied against Additional Rent and not reasonably required for payment of Rent for the Calculation Year in which this the Lease expires, subject to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default Default under this Lease following written notice thereof(and if Tenant is then in Default, then Landlord may first offset such excess against any rental or other damages due and owing from Tenant resulting from any such existing default of Tenant under this Lease).

Readjustments. (i) Within ninety (90) days following Following the end of each Calculation Adjustment Year and after Landlord shall have has determined the actual amount of Expenses, Utility Expenses and Taxes to be used in calculating the Expense Adjustment, the Utility Expense Adjustment and the Tax Adjustment for such Calculation Adjustment Year, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “hereinafter referred to as "Landlord’s Expense 's Statement”") of such Expenses, Utility Expenses and Taxes and the corresponding Tenant’s 's Expense Adjustment, Utility Expense Adjustment and Tax Adjustment for such Calculation Adjustment Year. If the Expense Adjustment, Utility Expense Adjustment or Tax Adjustment owed for such Calculation Adjustment Year exceeds exceeds, respectively, the Expense Adjustment, Utility Expense Adjustment or Tax Adjustment component of the Additional Rent Estimate Adjustment Deposits paid by Tenant during such Calculation Adjustment Year, then Tenant shallTenant, within thirty (30) days after the date of Landlord’s Expense 's Statement, shall pay to Landlord an amount equal to the excess of the Expense Adjustment, Utility Expense Adjustment over or Tax Adjustment over, respectively, the Expense Adjustment, Utility Expense Adjustment or Tax Adjustment component of the Additional Rent Estimate Adjustment Deposits paid by Tenant during such Calculation Adjustment Year. If the Expense Adjustment, Utility Expense Adjustment or Tax Adjustment component of the Additional respective Rent Estimate Adjustment Deposits paid by Tenant during such Calculation Adjustment Year exceeds exceeds, respectively, the Expense Adjustment, Utility Expense Adjustment or Tax Adjustment owed for such Calculation Adjustment Year, then Landlord shall credit such excess to Additional Rent payable after the date of Landlord’s Expense 's Statement, or mayor, at its option, may credit such excess to any Rent theretofore due and owing, until such excess has been exhausted. If this Lease shall expire expires or be is terminated prior to full application of such excess, Landlord shall pay to Tenant, within thirty (30) days after the date of such expiration or termination, Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Adjustment Year in which this Lease expires, subject to Tenant’s 's obligations under Section 5(e) 4.9 hereof, provided Tenant shall have has vacated the Premises and otherwise has surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default Default under this Lease following written notice thereofLease. No interest or penalties shall accrue on any amounts which Landlord is obligated to credit or pay to Tenant pursuant to this Section. Landlord reserves the right to send a separate Landlord's Statement for the Expense Adjustment, Utility Expense Adjustment and Tax Adjustment for any Adjustment Year, each such separate statement being deemed a Landlord's Statement, and the sending of a separate statement shall not be deemed a waiver of Landlord's right to send further statements for the remainder of the components of Rent Adjustments pursuant to this Article 4.

Readjustments. (i) Within ninety (90) days On or about April 1st following the end of each Calculation Year and after Adjustment Year, or at such later time as Landlord shall have determined be able to determine the amount actual amounts of Operating Expenses to be used in calculating and Taxes for the Expense Adjustment for such Calculation YearYear last ended, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment actual amounts. If such actual amounts exceed the Projections for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date of such written notice from Landlord’s Expense Statement, pay to Landlord an amount equal to the excess of the Expense Adjusted Monthly Base Rent payable for the Adjustment Year last ended based upon actual Operating Expenses and Taxes for such year over the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year. The obligation to make such payments shall survive the expiration or earlier termination of the Term. If the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year exceeds the Expense Adjustment owed amount thereof payable for such Calculation year based upon actual Operating Expenses and Taxes for such Adjustment Year, then Landlord shall credit such excess to Additional installments of Adjusted Monthly Base Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, notice until such excess has been exhausted. If , or if this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenantshall, within thirty (30) days after the date of such expiration or terminationLandlord’s notice for the Adjustment Year in which this Lease expires, pay to Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Year in Rent. No interest or penalties shall accrue on any amounts which this Lease expires, subject Tenant is obligated to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises pay to Landlord in accordance with or which Landlord is obligated to credit or pay to Tenant by reason of this Lease and Tenant is not then in uncured default under this Lease following written notice thereofSection.

Readjustments. (i) Within ninety (90) days On or about April 1st following the end of each Calculation Year and after Adjustment Year, or at such later time as Landlord shall have determined be able to determine the amount actual amounts of Operating Expenses to be used in calculating and Taxes for the Expense Adjustment for such Calculation YearYear last ended, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment for such Calculation Yearactual amounts. If such actual amounts exceed the Expense Projections for each Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date of Landlord’s Expense Statement, such written notice from Landlord pay to Landlord an amount equal to the excess of the Expense Adjusted Monthly Base Rent payable for the Adjustment Year last ended based upon actual Operating Expenses and Taxes for such year over the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year. The obligation to make such payments shall survive the expiration or earlier termination of the Term. If the Expense Adjustment component of the Additional total Adjusted Monthly Base Rent Estimate paid by Tenant during such Calculation Adjustment Year exceeds the Expense Adjustment owed amount thereof payable for such Calculation year based upon actual Operating Expenses and Taxes for such Adjustment Year, then Landlord shall credit such excess to Additional installments of Adjusted Monthly Base Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, 's notice until such excess has been exhausted. If , or if this Lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenant, within thirty (30) days after the date of such expiration or termination, Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment Rent. No interest or penalties shall accrue on any amounts which Landlord is obligated to credit or pay to Tenant by reason of Rent for the Calculation Year in which this Lease expires, subject to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default under this Lease following written notice thereofSection.

Readjustments. (i) Within ninety one hundred eighty (90180) days following the end of each Calculation Year and after Landlord shall have determined the amount of Expenses to be used in calculating the Expense Adjustment for such Calculation Year(or as soon thereafter as is reasonably practicable), Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”"LANDLORD'S EXPENSE STATEMENT") of the amount of Expenses to be used in calculating the Expense Adjustment for such Expenses Calculation Year, and of Tenant’s 's Expense Adjustment for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date of Landlord’s 's Expense Statement, pay to Landlord an amount equal to the excess of the Expense Adjustment over the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year. If the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Expense Adjustment owed for such Calculation Year, then Landlord shall credit such excess to Additional Rent payable after the date of Landlord’s 's Expense StatementStatement until such excess has been exhausted, or may, at its option, credit pay such excess to any Rent theretofore due and owing, until such excess has been exhaustedTenant within thirty (30) days after delivery of Landlord's Expense Statement. If this Lease lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenantshall, within thirty (30) days after the date of such expiration or terminationthereafter, pay to Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Year in which this Lease the lease expires, subject to Tenant’s 's obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease lease and Tenant is not then in uncured default under this Lease following written notice thereoflease (provided that if any such default is cured within applicable cure periods, then Tenant shall again be entitled to such excess). Landlord's obligation to refund any such unapplied excess shall survive the expiration or earlier termination of this lease.

Readjustments. (i) Within ninety (90) days following Following the end of each Calculation Year and after Landlord shall have determined the amount of Expenses to be used in calculating the Expense Adjustment for such Calculation Year, Landlord shall notify Tenant in writing (any such notice of Expenses and Expense Adjustment herein called “Landlord’s Expense Statement”) of such Expenses and Tenant’s Expense Adjustment for such Calculation Year. If the Expense Adjustment owed for such Calculation Year exceeds the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year, then Tenant shall, within thirty (30) days after the date of Landlord’s Expense Statement, pay to Landlord an amount equal to the excess of the Expense Adjustment over the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year. If the Expense Adjustment component of the Additional Rent Estimate paid by Tenant during such Calculation Year exceeds the Expense Adjustment owed for such Calculation Year, then Landlord shall credit such excess to Additional Rent payable after the date of Landlord’s Expense Statement, or may, at its option, credit such excess to any Rent theretofore due and owing, until such excess has been exhausted. If this Lease lease shall expire or be terminated prior to full application of such excess, Landlord shall pay to Tenantshall, within thirty (30) days after the date of such expiration or terminationthereafter, pay to Tenant the balance thereof not theretofore applied against Rent and not reasonably required for payment of Rent for the Calculation Year in which this Lease the lease expires, subject to Tenant’s obligations under Section 5(e) hereof, provided Tenant shall have vacated the Premises and otherwise surrendered the Premises to Landlord in accordance with this Lease and Tenant is not then in uncured default under this Lease following written notice thereoflease.