Reconciliation Statement if, as a result of any change in accounting principles and policies from those used in the preparation of the financial statements, the financial statements of the Company and its consolidated Subsidiaries delivered pursuant to subsections (b), (c) or (f) of this Section 7.1 differ in any material respect from the financial statements that would have been delivered pursuant to such subsections had no such change in accounting principles and policies been made, then, together with the first delivery of financial statements pursuant to subsection (b), (c) or (f) following such change, financial statements of the Company and its consolidated Subsidiaries prepared on a pro forma basis, for (i) the current year to the effective date of such change and (ii) the one full fiscal year immediately preceding the fiscal year in which such change is made, as if such change had been in effect during such period;
Reconciliation Statement. By April 30 of each calendar year, or as soon thereafter as practicable (but in no event later than June 30 of any calendar year, unless there is a pending tax contest or similar item beyond Landlord’s reasonable control), Landlord shall furnish to Tenant a statement of Operating Costs and Electrical Costs for the previous year, in each case adjusted as provided in Section 4.2.6, and of the Taxes for the previous year (the “Reconciliation Statement”). If Tenant’s estimated payments of Operating Costs, Taxes or Electrical Costs under this Section 4.2 for the year covered by the Reconciliation Statement exceed Tenant’s Proportionate Share of such items as indicated in the Reconciliation Statement, then Landlord shall credit or reimburse Tenant for such excess within 30 days after Landlord furnishes the Reconciliation Statement to Tenant; likewise, if Tenant’s estimated payments of Operating Costs, Taxes or Electrical Costs under this Section 4.2 for such year are less than Tenant’s Proportionate Share of such items as indicated in the Reconciliation Statement, then Tenant shall pay Landlord such deficiency within 30 days of invoice from Landlord. If a reimbursement from Landlord or a payment from Tenant is due with respect to Tenant’s payments of estimated Additional Rent for the year in which the Term of the Lease expires, then such obligation shall survive expiration of the Lease and such reimbursement by Landlord or payment by Tenant, as applicable, shall be due within thirty (30) days of Landlord’s delivery of the Reconciliation Statement.
Reconciliation Statement. Landlord shall use its commercially reasonable efforts to furnish to Tenant by June 30 of each calendar year a statement of Operating Costs for the previous year (together with reasonable supporting documentation) and of the Taxes for the previous year (the “Reconciliation Statement”). If Tenant’s estimated payments of Operating Costs or Taxes under this Section 4.2 for the year covered by the Reconciliation Statement exceed Tenant’s Proportionate Share of such items as indicated in the Reconciliation Statement, then Landlord shall credit or reimburse Tenant for such excess within 30 days after Landlord furnishes the Reconciliation Statement to Tenant; likewise, if Tenant’s estimated payments of Operating Costs or Taxes under this Section 4.2 for such year are less than Tenant’s Proportionate Share of such items as indicated in the Reconciliation Statement, then Tenant shall pay Landlord such deficiency within 30 days of invoice from Landlord.
Reconciliation Statement if, as a result of any change in accounting principles and policies from those used in the preparation of the Financial Statements, the financial statements of the Borrower and its consolidated Subsidiaries delivered pursuant to subsections (ii), (iii) or (xii) of this subsection 5.1(b) will differ in any material respect from the financial statements that would have been delivered pursuant to such subsections had no such change in accounting principles and policies been made, then, together with the first delivery of financial statements pursuant to subsection (ii), (iii) or (xii) following such change, financial statements of the Borrower and its consolidated Subsidiaries prepared on a pro forma basis, for (y) the current year to the effective date of such change and (z) the one full fiscal year immediately preceding the fiscal year in which such change is made, as if such change had been in effect during such period;
Reconciliation Statement. For each SRDA, AEMO must, within 10 business days after the last Distribution Instalment has been made, provide the Auction Participant with a Reconciliation Statement via the AEMO Markets Portal, setting out: the total amount that has been distributed to the Auction Participant under the SRDA; the amount to which the Auction Participant is entitled under the SRDA under clause 9.1; and any adjustments required to be made to ensure the requirements of clause 9.1 have been satisfied. Goods and Services Tax GST to be added to amounts payable The parties acknowledge that: all amounts payable under this Agreement including the Purchase Price, Cancellation Price and auction expense fees, are expressed to be exclusive of GST; and any Bid or Offer is made on a GST exclusive basis. If GST is payable on a Taxable Supply made by AEMO to an Auction Participant, the amount payable for that Taxable Supply will be the amount expressed in this Agreement plus GST. Impact of GST on the Calculation of Amounts Payable Without limiting clause 11.1: If an amount payable under this Agreement is calculated by reference to or relates to a cost, expense, liability or similar amount (Liability) incurred by a party, the Liability shall be reduced by the amount of any Input Tax Credit to which that party is entitled in respect of that Liability. If an amount payable under this Agreement is calculated by reference to or relates to price, value, sales, revenue or a similar amount (Revenue), the Revenue shall be exclusive of GST. If AEMO becomes liable to pay GST on a Taxable Supply to the Auction Participant prior to the time that it is entitled to receive in full the consideration for that Taxable Supply, the Auction Participant will, at the request of AEMO, pay to AEMO an amount equal to the GST payable on the Taxable Supply at least 7 days before the time that AEMO is liable to pay the GST. Dispute Resolution The dispute resolution procedures set out in clause 8.2 of the Rules will apply to any dispute arising in relation to this Agreement, a SRDA or otherwise in relation to any auction. Auction Participant Acknowledgements General The Auction Participant acknowledges, in respect of this Agreement and each SRDA, that neither AEMO, nor any person acting on behalf of or associated with AEMO, makes any representation, gives any advice, or gives any warranty or undertaking of any kind in respect of this Agreement, an SRDA, the Units, or the auctions or otherwise in relation to or in conn...
Reconciliation Statement. Section 4.5
Reconciliation Statement. Any delay or failure by Landlord in delivering any Reconciliation Statement shall not constitute a waiver of Landlord’s right to require Tenant to pay Tenant’s Share of Operating Expenses pursuant hereto. Any amount due Tenant shall be credited against installments next coming due under this Exhibit B, and any deficiency shall be paid by Tenant together with the next installment. Should Tenant fail to object in writing to Landlord’s determination of Tenant’s Share of Operating Expenses within 60 days following delivery of Landlord’s Reconciliation Statement, Landlord’s determination of Tenant’s Share of Operating Expenses for the applicable Expense Recovery Period shall be conclusive and binding on Tenant for all purposes and any future claims by Tenant to the contrary shall be barred.
Reconciliation Statement. As soon as is reasonably practical ------------------------ following the end of each calendar year, Landlord shall furnish Tenant with a statement ("Reconciliation Statement") of the actual amount of Operating Expenses and Property Taxes for the prior calendar year and Tenant's Pro Rata Share of same. If the amount of Operating Expenses and Property Taxes actually paid by Tenant for the prior calendar year is more than the actual amount of Operating Expenses and Property Taxes for the prior calendar year, Landlord shall apply any overpayment by Tenant against Additional Rent due or refund such amount within thirty (30) days after the Reconciliation Statement is provided to Tenant, provided if the Term expires before the determination of the overpayment, Landlord shall refund any overpayment to Tenant after first deducting the amount of Rent due. If the amount of Operating Expenses and Property Taxes paid by Tenant for the prior calendar year is less than the actual amount of Operating Expenses and Property Taxes for such prior year, Tenant shall pay Landlord, within thirty (30) days after its receipt of the Reconciliation Statement of Operating Expenses and Property Taxes, any underpayment for the prior calendar year. The obligations of Tenant under this Section 4(b) shall survive the expiration or sooner termination of the Term.
Reconciliation Statement. It is estimated that on or before March 31 following a calendar year for which Overhead Rent is payable hereunder, Landlord shall provide Tenant with a reconciliation statement showing the amount of the actual components of Overhead Rent for the immediately previous calendar year only. Notwithstanding the provisions of the immediately preceding sentence, should Landlord fail to provide Tenant with a reconciliation statement by June 30 for the immediately preceding calendar year, Tenant shall have no further liability for any additional payment to Landlord that would otherwise be reflected and required in the said reconciliation statement for the preceding year. If the reconciliation statement reflects an underpayment in either component of Overhead Rent, Landlord shall also deliver to Tenant an invoice which Tenant shall pay within thirty (30) days following receipt of such invoice. If the reconciliation statement reflects an overpayment in either component of Overhead Rent, Tenant shall be entitled to either, at Landlord's option, to a credit against the next month's payment of Rent together with a refund check from Landlord for the balance of such overpayment or a refund check from the Landlord for the entire amount of such overpayment If the Lease has expired, the overpayment shall be refunded. In no event shall the Base Rent under this Lease be reduced by virtue of this Section. As used in this paragraph 3., the following terms shall have the following meanings:
Reconciliation Statement a reasonably detailed written statement showing (1) Tenant’s Proportionate Share of the amount by which (A) Operating Charges incurred during the immediately preceding calendar year exceeded the Operating Charges Base Amount (as defined in Section 5.2(a)) (not including utilities or insurance costs), (B) utility costs incurred during the immediately preceding calendar year exceeded utility costs incurred during the Operating Charges Base Year, (C) insurance costs incurred during the immediately preceding calendar year exceeded insurance costs incurred during the Operating Charges Base Year, and (D) Real Estate Taxes for the immediately preceding calendar year exceeded the Real Estate Taxes Base Amount (as defined in Section 5.3(a)), as applicable; and (2) the aggregate amount of Tenant’s estimated payments made on account of Operating Charges, including utility costs, insurance costs, and Real Estate Taxes during such year, as applicable.
