Common use of Reconciliation of Operating Expenses Clause in Contracts

Reconciliation of Operating Expenses. Within 120 days after the end of each calendar year or as soon thereafter as is practicable, Landlord shall furnish Tenant with a statement of the actual Operating Expenses and Excess Operating Expenses for such calendar year. If the most recent estimated Excess Operating Expenses paid by Tenant for such calendar year are more than the actual Excess Operating Expenses for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 days of determination, refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses paid by Tenant for the prior calendar year are less than the actual Excess Operating Expenses for such year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Operating Expenses, any underpayment for the prior calendar year.

Appears in 8 contracts

Samples: Office Lease (GP Investments Acquisition Corp.), Office Lease (Rimini Street, Inc.), Sublease Agreement (Tropicana Entertainment Inc.)

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Reconciliation of Operating Expenses. Within 120 days after the end of each calendar year or as soon thereafter as is practicablepracticable but no later than May 1 of each calendar year, Landlord shall furnish Tenant with a statement of the actual Operating Expenses and Excess Operating Expenses for such calendar year. If the most recent estimated Excess Operating Expenses paid by Tenant for such calendar year are more than the actual Excess Operating Expenses for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 days of determination, refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses paid by Tenant for the prior calendar year are less than the actual Excess Operating Expenses for such year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Operating Expenses, any underpayment for the prior calendar year.

Appears in 2 contracts

Samples: Office Lease (Hallmark Financial Services Inc), Office Lease (Hallmark Financial Services Inc)

Reconciliation of Operating Expenses. Within 120 days after the end of each calendar year or as soon thereafter as is practicable(with such date to be reasonably extended for circumstances beyond Landlord’s control), Landlord shall furnish Tenant with a reasonably detailed statement of the actual Operating Expenses and Excess Operating Expenses the OE Payment for such calendar year. If the most recent estimated Excess Operating Expenses OE Payment paid by Tenant for such calendar year are is more than the actual Excess Operating Expenses OE Payment for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 days of determination, refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses OE Payment paid by Tenant for the prior calendar year are is less than the actual Excess Operating Expenses OE Payment for such year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Operating ExpensesExpenses and the OE Payment, any underpayment for the prior calendar year.

Appears in 1 contract

Samples: Office Lease (Key Energy Services Inc)

Reconciliation of Operating Expenses. Within 120 days after the end of each calendar year or as soon thereafter as is practicablepracticable (but not later than 360 days after the end of each calendar year), Landlord shall furnish Tenant with a statement of the actual Operating Expenses and Excess Operating Expenses the OE Payment for such calendar year. If the most recent estimated Excess Operating Expenses OE Payment paid by Tenant for such calendar year are more than the actual Excess Operating Expenses OE Payment for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 days of determination, refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses OE Payment paid by Tenant for the prior calendar year are is less than the actual Excess Operating Expenses OE Payment for such year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Operating ExpensesExpenses and the OE Payment, any underpayment for the prior calendar year.

Appears in 1 contract

Samples: Office Lease (NetSpend Holdings, Inc.)

Reconciliation of Operating Expenses. Within 120 days after the end of each calendar year or as soon thereafter as is practicable, Landlord shall furnish Tenant with a statement of the actual Operating Expenses and Excess Operating Expenses the OE Payment for such calendar year. If the most recent estimated Excess Operating Expenses OE Payment paid by Tenant for such calendar year are is more than the actual Excess Operating Expenses OE Payment for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 days of determination, refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses OE Payment paid by Tenant for the prior calendar year are is less than the actual Excess Operating Expenses OE Payment for such year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Operating ExpensesExpenses and the OE Payment, any underpayment for the prior calendar year.

Appears in 1 contract

Samples: Office Lease (Wells Mid-Horizon Value-Added Fund I LLC)

Reconciliation of Operating Expenses. Within 120 days after the end of each calendar year or as soon thereafter as is practicable, Landlord shall furnish Tenant with a reasonably detailed statement of the actual Operating Expenses and Excess Operating Expenses for such calendar year. If the most recent estimated Excess Operating Expenses paid by Tenant for such calendar year are more than the actual Excess Operating Expenses for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 days of determination, refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses paid by Tenant for the prior calendar year are less than the actual Excess Operating Expenses for such year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Operating Expenses, any underpayment for the prior calendar year.

Appears in 1 contract

Samples: Office Lease (GameFly Inc.)

Reconciliation of Operating Expenses. Within 120 days after the end of each calendar year or as soon thereafter as is practicable, Landlord shall furnish Tenant with a statement of the actual Operating Expenses and Excess Operating Expenses for such calendar year. If the most recent estimated Excess Operating Expenses paid by Tenant for such calendar year are more than the actual Excess Operating Expenses for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 days of determination, shall refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses paid by Tenant for the prior calendar year are less than the actual Excess Operating Expenses for such year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Operating Expenses, any underpayment for the prior calendar year.

Appears in 1 contract

Samples: Office Lease (PROS Holdings, Inc.)

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Reconciliation of Operating Expenses. Within 120 one hundred-twenty (120) days after the end of each calendar year or as soon thereafter as is practicable, Landlord shall furnish Tenant with a statement of the actual Operating Expenses and Excess Operating Expenses for such calendar year. If the most recent estimated Excess Operating Expenses paid by Tenant for such calendar year are more than the actual Excess Operating Expenses for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 thirty (30) days of determination, refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses paid by Tenant for the prior calendar year are less than the actual Excess Operating Expenses for such year, Tenant shall pay Landlord, within 30 thirty (30) days after its receipt of the statement of Operating Expenses, any underpayment for the prior calendar year.

Appears in 1 contract

Samples: Office Lease (Safety Quick Lighting & Fans Corp.)

Reconciliation of Operating Expenses. Within 120 days after the end of each calendar year or as soon thereafter as is practicable, Landlord shall furnish Tenant with a statement of the actual Operating Expenses and Excess Operating Expenses for such calendar year. Such statement shall contain a detailed explanation of the method of calculation of the Margin Tax includible in Operating Expenses pursuant to Section 4.D(5). If the most recent estimated Excess Operating Expenses paid by Tenant for such calendar year are more than the actual Excess Operating Expenses for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 days of determination, refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses paid by Tenant for the prior calendar year are less than the actual Excess Operating Expenses for such year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Operating Expenses, any underpayment for the prior calendar year.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Ii)

Reconciliation of Operating Expenses. Within 120 days after the end of each calendar year or as soon thereafter as is practicable, Landlord shall furnish Tenant with a statement of the actual Operating Expenses and Excess Operating Expenses for such calendar year. If the most recent estimated Excess Operating Expenses paid by Tenant for such calendar year are more than the actual Excess Operating Expenses for such calendar year, Landlord shall apply any overpayment by Tenant against Rent due or next becoming due; provided, if the Term expires before the determination of the overpayment, Landlord shall, within 30 days of determination, refund any overpayment to Tenant after first deducting the amount of Rent due. If the most recent estimated Excess Operating Expenses paid by Tenant for the prior calendar year are less than the actual Excess Operating Expenses for such year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Operating Expenses, any underpayment for the prior calendar year.

Appears in 1 contract

Samples: Office Lease (FusionStorm Global, Inc.)

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