Common use of Statement of Actual Building Direct Expenses and Payment by Xxxxxx Clause in Contracts

Statement of Actual Building Direct Expenses and Payment by Xxxxxx. Landlord shall give to Tenant following the end of each Expense Year, a statement (the “Statement”) which shall state in general major categories the Building Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Tenant’s Share of Direct Expenses. Landlord shall use commercially reasonable efforts to deliver such Statement to Tenant on or before May 1 following the end of the Expense Year to which such Statement relates. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, Tenant shall pay, within thirty (30) days after receipt of the Statement, the full amount of Tenant’s Share of Direct Expenses for such Expense Year, less the amounts, if any, paid during such Expense Year as “Estimated Direct Expenses,” as that term is defined in Section 4.4.2, below, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant’s Share of Direct Expenses (an “Excess”), Tenant shall receive a credit in the amount of such Excess against Rent next due under this Lease. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s Share of Direct Expenses for the Expense Year in which this Lease terminates, if Tenant’s Share of Direct Expenses is greater than the amount of Estimated Direct Expenses previously paid by Tenant to Landlord, Tenant shall, within thirty (30) days after receipt of the Statement, pay to Landlord such amount, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant’s Share of Direct Expenses (again, an Excess), Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the amount of such Excess. The provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term. Notwithstanding the immediately preceding sentence, Tenant shall not be responsible for Tenant’s Share of any Building Direct Expenses attributable, to any Expense Year which are first billed to Tenant more than twelve (12) months following the expiration of the Expense Year to which such Direct Expenses relate, provided that, to the extent that Landlord provides Tenant with copies of the applicable bills/statements within thirty (30) days following Landlord’s receipt of the same, Tenant shall be responsible for Tenant’s Share of Direct Expenses levied by any governmental authority or by any public utility companies at any time which are attributable to any Expense Year during the Lease Term.

Statement of Actual Building Direct Expenses and Payment by Xxxxxx. Landlord shall give to Tenant following the end of each Expense Year, a statement (the “Statement”) which shall state in general major categories the Building Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Tenantthe Excess. Within thirty (30) days following Xxxxxx’s Share of Direct Expenses. Landlord shall use commercially reasonable efforts to deliver such Statement to Tenant on or before May 1 following the end of the Expense Year to which such Statement relates. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, if an Excess is present, Tenant shall pay, within thirty (30) days after receipt of the Statement, pay the full amount of Tenant’s Share of Direct Expenses the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as “Estimated Direct ExpensesExcess,” as that term is defined in Section 4.4.2, below, and if . If the amounts paid by Tenant paid more during an Expense Year as Estimated Direct Expenses than Excess exceed the actual Excess for such Expense Year, then such difference shall be reimbursed by Landlord to Tenant, provided that any such reimbursement, at Landlord’s Share of Direct Expenses (an “Excess”)option, Tenant shall receive a credit in may be credited against the amount of such Excess against Additional Rent next coming due under this LeaseLease unless the Lease Term has expired, in which event Landlord shall promptly refund the appropriate amount to Tenant. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s Share of Building Direct Expenses for the Expense Year in which this Lease terminates, if Tenant’s Share of Direct Expenses an Excess is greater than the amount of Estimated Direct Expenses previously paid by Tenant to Landlordpresent, Tenant shall, within thirty (30) days after receipt of the Statement, shall immediately pay to Landlord such amount, and or if the amounts paid by Tenant paid more during such Expense Year as Estimated Direct Expenses than Excess exceed the actual Excess for such Expense Year, then such difference shall be reimbursed by Landlord to Tenant’s Share of Direct Expenses (again, an Excess), Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the amount of such Excess. The provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term. Notwithstanding the immediately preceding sentence, Tenant shall not be responsible for Tenant’s Share of any Building Direct Expenses attributable, to any Expense Year which are first billed to Tenant more than twelve (12) months following the expiration of the Expense Year to which such Direct Expenses relate, provided that, to the extent that Landlord provides Tenant with copies of the applicable bills/statements within thirty (30) days following Landlord’s receipt of the same, Tenant shall be responsible for Tenant’s Share of Direct Expenses levied by any governmental authority or by any public utility companies at any time which are attributable to any Expense Year during the Lease Term.

Statement of Actual Building Direct Expenses and Payment by Xxxxxx. Landlord shall endeavor to give to Tenant following the end of each Expense Year, a statement (the “"Statement”") which shall state in general major categories the Building Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Tenant’s Share of Direct Expenses. Landlord shall use commercially reasonable efforts to deliver such Statement to Tenant on or before May 1 following the end of the Expense Year to which such Statement relatesExcess. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, if an Excess is present, Tenant shall pay, with its next installment of Base Rent due or within thirty (30) days after receipt of the Statementdays, whichever is earlier, the full amount of Tenant’s Share of Direct Expenses the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as “"Estimated Direct ExpensesExcess,” " as that term is defined in Section 4.4.2, below, and if . If the amounts paid by Tenant paid more during an Expense Year as Estimated Direct Expenses than Excess exceed the actual Excess for such Expense Year, then such difference shall be reimbursed by Landlord to Tenant’s Share of Direct Expenses (an “Excess”), Tenant shall receive a credit in provided that any such reimbursement, at Landlord's option, may be credited against the amount of such Excess against Additional Rent next coming due under this LeaseLease unless the Lease Term has expired, in which event Landlord shall refund the appropriate amount to Tenant. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant Xxxxxx has vacated the Premises, when the final determination is made of Tenant’s 's Share of Building Direct Expenses for the Expense Year in which this Lease terminates, if Tenant’s Share of Direct Expenses an Excess is greater than the amount of Estimated Direct Expenses previously paid by Tenant to Landlordpresent, Tenant shall, within thirty (30) days after receipt of the Statement, shall immediately pay to Landlord such amount, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant’s Share of Direct Expenses (again, an Excess), Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the amount of such Excess. The provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term. Notwithstanding the immediately preceding sentence, Tenant shall not be responsible for Tenant’s Share of any Building Direct Expenses attributable, to any Expense Year which are first billed to Tenant more than twelve (12) months following the expiration of the Expense Year to which such Direct Expenses relate, provided that, to the extent that Landlord provides Tenant with copies of the applicable bills/statements within thirty (30) days following Landlord’s receipt of the same, Tenant shall be responsible for Tenant’s Share of Direct Expenses levied by any governmental authority or by any public utility companies at any time which are attributable to any Expense Year during the Lease Term.

Statement of Actual Building Direct Expenses and Payment by Xxxxxx. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense YearYear (but in any event on or before the first day of July), a statement (the “Statement”) which shall state in general major categories the Building Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Tenant’s Share of such Building Direct Expenses. Landlord shall use commercially reasonable efforts to deliver such Statement to Tenant on or before May 1 following the end Expenses in excess of the Expense Year to which such Statement relatesBuilding Direct Expenses for the Base Year. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, Tenant shall pay, upon the later of the next installment of Base Rent due or within thirty (30) days after receipt of the Statement, the full amount of Tenant’s Share of Building Direct Expenses for such Expense Year in excess of the Building Direct Expenses for the Base Year, less the amounts, if any, paid during such Expense Year as “Estimated Direct ExpensesAdditional Rent,” as that term is defined in Section 4.4.23.5.2, below, and if Tenant . If the Statement shows that Xxxxxx has paid more as Estimated Direct Expenses than the actual Additional Rent in excess of Tenant’s Building Share of Direct Expenses (an “Excess”)for such Expense Year, Landlord shall pay such excess to Tenant shall receive a credit in together with the amount of such Excess against Rent next due under this Leaseapplicable Statement, even if the Lease has terminated or expired. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 43. Even though the Lease Term has expired and Tenant Xxxxxx has vacated the Premises, when the final determination is made of Tenant’s Share of Building Direct Expenses for the Expense Year in which this Lease terminates, if Tenant’s Share of Direct Expenses is greater than the amount of Estimated Direct Expenses previously paid by Tenant shall pay to Landlord, Tenant shall, Landlord within thirty (30) days after receipt of the Statement, pay a Statement setting forth an amount owing to Landlord such amountcalculated pursuant to the provisions of Section 3.5 any unpaid amounts described herein, and if Tenant paid more as Estimated Direct Expenses than the actual less any amounts owed from Landlord to Tenant’s Share of Direct Expenses (again, an Excess), Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the amount of such Excess. The provisions of this Section 4.4.1 3.5.1 shall survive the expiration or earlier termination of the Lease Term. Notwithstanding the immediately preceding sentence, Tenant shall not be responsible for Tenant’s Share of any Building Direct Expenses attributable, to any Expense Year which are first billed to Tenant more than twelve (12) months following the expiration of the Expense Year to which such Direct Expenses relate, provided that, to the extent that Landlord provides Tenant with copies of the applicable bills/statements within thirty (30) days following Landlord’s receipt of the same, Tenant shall be responsible for Tenant’s Share of Direct Expenses levied by any governmental authority or by any public utility companies at any time which are attributable to any Expense Year during the Lease Term.