Share of Operating Costs. On the first day of each month, Tenant shall pay in advance one-twelfth (1/12th) of the amount which Landlord estimates, based upon a detailed budget to be given to Tenant in advance, as the Tenant’s Share of Operating Costs for the calendar Year. Within ninety (90) days after the end of each calendar year of the Term, or as soon thereafter as practicable, Landlord shall furnish to Tenant a statement of the actual amount of Tenant’s Share of Operating Costs. If the amount paid by Tenant during such calendar year is less than Tenant’s Share of Operating Costs as shown by Landlord’s statement, then Tenant shall pay the difference within twenty (20) days after the date of Landlord’s statement; if the amount paid by Tenant during such calendar year is more than Tenant’s Share of Operating Costs as shown by such statement, then Tenant shall receive a credit on future payments of Operating Costs hereunder for the amount of such excess. If at any time it appears to Landlord that Operating Costs for any calendar year will exceed Landlord’s estimate thereof, then Landlord shall have the right by written notice to Tenant to revise the estimated monthly amount payable by Tenant hereunder and subsequent payments of Tenant’s estimated Share of Operating Costs hereunder shall be increased based upon such revised statement; provided, however, there shall be no more than one revision during each calendar year, except for the 2003 calendar year, where there may be two (2) revisions. For the years in which the Term commences and expires, Operating Costs shall be prorated based on the number of days of the calendar year the Term is in effect. Tenant shall have the right to audit, at Tenant’s cost and expense, not more than once each calendar year, the books and records of Landlord and/or its representatives relating to the Operating Costs. Such audit shall be at the offices of Landlord’s accountant or at such other location as designated by Landlord.
Share of Operating Costs. The Premises are separately metered for electricity. Tenant shall obtain electricity directly from the utility company and pay the utility company directly for such electricity
Share of Operating Costs. If Tenant's Share of the actual Operating Costs for any Lease Year is less than the amount Tenant paid to Landlord as the estimate of Tenant's Share of Operating Costs for such Lease Year, such excess amount shall be applied against the installment of Additional Rent next coming due until the same has been fully applied.
Share of Operating Costs. For purposes of determining Tenant’s Share of Operating Costs, for any calendar year during which the Building is less than 95% occupied, the Operating Costs shall be equitably adjusted, on an item-by-item basis, for such calendar year to reflect the amount which, in Landlord’s good faith reasonable judgment exercised on a consistent basis from year to year, the Operating Costs would have been if the Building had been 95% occupied during the entire calendar year. Tenant’s Share of Operating Costs shall be estimated in good faith by Landlord at the end of each calendar year based on the most recent cost data available to Landlord, and shall be payable in equal estimated monthly installments on the first day of each calendar month during the Lease Term, subject to readjustment from time to time as determined by Landlord and also when actual Operating Costs are determined. After a readjustment, any shortage shall be due and payable by Tenant within 30 days of demand by Landlord and any excess shall, unless an Event of Default has occurred, be credited against future Additional Rent obligations, or refunded promptly if the Lease Term has ended and Tenant has no further obligations to Landlord. Landlord shall provide Tenant with reasonable supporting documentation for the Operating Costs for the prior calendar year within six months after the end of the calendar year to which such Operating Costs relate.
Share of Operating Costs. Landlord may make a good faith estimate of Xxxxxx’s Share of Operating Costs for any fiscal year or part thereof during the Term, and Tenant shall pay to Landlord, on the Rent Commencement Date and on the first (1st) day of each calendar month thereafter, an amount equal to Xxxxxx’s Share of Operating Costs for such fiscal year and/or part thereof divided by the number of months therein. Landlord may estimate and re-estimate Xxxxxx’s Share of Operating Costs and deliver a copy of the estimate or re-estimate to Tenant. Thereafter, the monthly installments of Tenant’s Share of Operating Costs shall be appropriately adjusted in accordance with the estimations so that, by the end of the fiscal year in question, Tenant shall have paid all of Tenant’s Share of Operating Costs as estimated by Xxxxxxxx. Any amounts paid based on such an estimate shall be subject to adjustment as herein provided when actual Operating Costs are available for each fiscal year.
Share of Operating Costs. The Expense Statement shall be certified by Landlord as being true and correct in all material respects. Landlord shall respond to any inquiries and requests for invoices or other information with respect to Operating Costs within thirty (30) days of any written request therefore by Tenant. Within thirty (30) days after the delivery of such Expense Statement, Tenant shall pay to Landlord the amount of any shortfall in the amount of estimated payments made to Landlord pursuant to Section 9.2 on account of Tenant’s Share of Operating Costs for such calendar year, and the actual amount shown as Tenant’s Share of Operating Costs for such calendar year. In the event the Expense Statement reflects an overpayment of Tenant’s Share of Operating Costs for such year, such overpayment shall be credited against the next due Base Rent hereunder, except if Tenant’s Lease is no longer in effect then Landlord shall refund such amount to Tenant within thirty (30) days.
Share of Operating Costs. The Tenant shall pay to the Landlord, when due, all Taxes in respect of the Premises, including any Taxes charged in respect of any Common Areas. In addition, the Tenant shall pay its Proportionate Share of Taxes, if any, separately charged against Common Areas. The Tenant's obligation to pay Taxes in respect of the Premises shall be determined on the basis of a separate xxxx, if available. If the relevant taxing authority does not issue a separate xxxx for Taxes in connection with the Premises, then the Tenant's obligation in respect of Taxes shall be computed by applying the relevant tax rate to a separate assessment of the Premises, if any. If there is neither a separate xxxx for Taxes for the Premises nor a separate assessment of the Premises, then Taxes charged in respect of the Premises shall be determined by the Landlord, acting reasonably, on the basis of then current established principles of assessment used by the relevant assessing authorities.
Share of Operating Costs. For each month during the term hereof (commencing August 2000), Tenant's Proportionate Share shall equal one-twelfth (1/12) of the product of $ .25 (such sum to increase by an additional $.25 on each anniversary of August 1, 2000 during the Term) multiplied by the rentable area of the Premises during each month. Such sum shall be payable in advance in equal monthly installments.
Share of Operating Costs. If and to the extent that the Building is less than fully occupied during any Computation Year, then those Operating Costs which are variable based upon occupancy levels shall be equitably adjusted to reflect the Operating Costs which would have been incurred had the Building been fully occupied during such Computation Year.
Share of Operating Costs. The amounts deposited into escrow and actually used to acquire Leases shall be the basis for each Party's ownership interest in the Leases. Subject to Section 6(b), below, no such amounts shall be credited or used for operations. Notwithstanding the actual dates of signing and/or recording the cross assignments pursuant to Section 5, above, each Party shall be responsible for its/his respective share of the cost of operations in accordance with the terms of the Operating Agreement attached hereto as Exhibit A (the "Operating Agreement"), with such share based on each Party's respective ownership interest at the time such cost is incurred. The cost of Dolphin's preparation of Title Opinions shall be included in such cost of operation.
