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

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year a statement ("Statement") stating the Direct Expenses incurred or accrued for that preceding Expense Year and indicating the amount, if any, of any Excess. On receipt of the Statement for each Expense Year ending during the Lease Term for which an Excess exists, Tenant shall pay, with its next installment of Basic Rent due, the full amount of that Excess, less the amounts (if any) paid during the Expense Year as Estimated Excess (as defined in Subsection 5.3.3). Landlord's failure to furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 5. Even if the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant's Share of the Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under Subsection 5.3.1. The provisions of this Subsection 5.3.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Cayenta Inc

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Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year Year, a statement (the "StatementSTATEMENT") stating which shall state the Direct Expenses incurred or accrued for that such preceding Expense Year Year, and indicating which shall indicate the amount, if any, amount of any the Excess. On Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term for which Term, if an Excess existsis present, Tenant shall pay, with its next installment within thirty (30) days following receipt of Basic Rent duethe Statement, the full amount of that Excessthe Excess for such Expense Year, less the amounts (amounts, if any) , paid during the such Expense Year as "Estimated Excess (Excess," as that term is defined in Subsection 5.3.3)Section 4.4.2, below. Landlord's The failure of Landlord to timely furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord or Tenant from enforcing its rights under this Article 54. Even if though the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess if present, Tenant shall immediately pay to Landlord the amount calculated under Subsection 5.3.1such amount, within thirty (30) days following demand from Landlord. The provisions of this Subsection 5.3.2 Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Schuler Homes Inc)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year Year, a statement ("the “Statement") stating which shall state the Direct Expenses incurred or accrued for that such preceding Expense Year Year, and indicating which shall indicate the amount, if any, of any Excess. On Upon receipt of the Statement for each Expense Year ending during the Lease Term for which Term, if an Excess existsis present, Tenant shall pay, with its next installment of Basic Base Rent due, the full amount of that Excessthe Excess for such Expense Year, less the amounts (amounts, if any) , paid during the such Expense Year as Estimated Excess (as defined in Subsection 5.3.3)Excess. Landlord's The failure of Landlord to timely furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 54. Even if though the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant's ’s Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is present, Tenant shall immediately pay to Landlord an amount as calculated pursuant to the amount calculated under Subsection 5.3.1provisions of Section 4.3.1 above. The provisions of this Subsection 5.3.2 Section 4.3.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year Year, a statement (the "StatementSTATEMENT") stating which shall state the Direct Expenses incurred or accrued for that such preceding Expense Year Year, and indicating which shall indicate the amount, if any, amount of any the Excess. On Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term for which Term, if an Excess existsis present, Tenant shall pay, with its next installment of Basic Base Rent due, the full amount of that Excessthe Excess for such Expense Year, less the amounts (amounts, if any) , paid during the such Expense Year as "Estimated Excess (Excess," as that term is defined in Subsection 5.3.3)Section 4.4.2, below. Landlord's The failure of Landlord to timely furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord or Tenant from enforcing its rights under this Article 54. Even if though the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess if present, Tenant shall immediately pay to Landlord the amount calculated under Subsection 5.3.1such amount. The provisions of this Subsection 5.3.2 Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Salon Media Group Inc)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year Year, a statement (the "Statement") stating which shall state the Direct Expenses incurred or accrued for that such preceding Expense Year Year, and indicating which shall indicate the amount, if any, amount of any the Excess. On Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term for which Term, if an Excess existsis present, Tenant shall pay, with its next installment of Basic Base Rent due, the full amount of that Excessthe Excess for such Expense Year, less the amounts (amounts, if any) , paid during the such Expense Year as "Estimated Excess (Excess," as that term is defined in Subsection 5.3.3)Section 4.4.2, below. Landlord's The failure of Landlord to timely furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord or Tenant from enforcing its rights under this Article 54. Even if though the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess if present, Tenant shall immediately pay to Landlord the amount calculated under Subsection 5.3.1such amount. The provisions of this Subsection 5.3.2 Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Team Communication Group Inc)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant Tenart on or before the first day of April following the end of each Expense Year a statement ("Statement") stating the Direct Expenses incurred or accrued for that preceding Expense Year and indicating the amount, if any, of any Excess. On receipt of the Statement for each Expense Year ending during the Lease Term for which an Excess exists, Tenant shall pay, with its next installment of Basic Base Rent due, the full amount of that Excess, less the amounts (if any) paid during the that Expense Year as Estimated Excess (as defined in Subsection 5.3.3subsection 4.3.3). Landlord's ’s failure to furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing enforchg its rights under this Article 54. Even if the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant's ’s Share of the Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under Subsection 5.3.1subsection 4.3.1. The provisions of this Subsection 5.3.2 subsection 4.3.2 shall survive the expiration expiation or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Inpixon)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year a statement ("Statement") stating the Direct Expenses incurred or accrued for that preceding Expense Year and indicating the amount, if any, of any Excess. On receipt of the Statement for each Expense Year ending during the Lease Term for which an Excess exists, Tenant shall pay, with its next installment of Basic Base Rent due, the full amount of that Excess, less the amounts (if any) paid during the that Expense Year as Estimated Excess (as defined in Subsection subsection 5.3.3). Landlord's failure to furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 5. Even if the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant's Share of the Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under Subsection subsection 5.3.1. The provisions of this Subsection subsection 5.3.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Stock Grant Agreement (Quokka Sports Inc)

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Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year a statement ("Statement") stating the Direct Expenses incurred or accrued for that preceding Expense Year and indicating the amount, if any, of any Excess. On receipt of the Statement for each Expense Year ending during the Lease Term for which an Excess exists, Tenant shall pay, with its next installment of Basic Rent due, the full amount of that Excess, less the amounts (if any) paid during the that Expense Year as Estimated Excess (as defined in Subsection 5.3.3). Landlord's failure to furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 5. Even if the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant's Share of the Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under Subsection 5.3.1. The provisions of this Subsection 5.3.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Acc Consumer Finance Corp

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year a statement ("Statement") stating setting forth the Direct Expenses incurred or accrued for that preceding Expense Year and indicating the amount, if any, of any Excessexcess over Direct Expenses applicable to the Base Year. On receipt of the Statement statement for each Expense Year ending during the Lease Term for which such an Excess excess exists, Tenant shall pay, with its next installment of Basic Base Rent due, the full amount of that Excesssuch excess, less the amounts (if any) paid during the that Expense Year as Estimated Excess (as defined in Subsection 5.3.3subsection 6.4.3). Landlord's failure to furnish the Statement statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 56. Even if the Lease Term has expired and Tenant has vacated the Premises, if an Excess excess exists when the final determination is made of Tenant's Share of the Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under Subsection 5.3.1subsection 6.4.1. The provisions of this Subsection 5.3.2 subsection 6.4.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Sublease Agreement (Starent Networks, Corp.)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year Year, a statement (the "Statement") stating which shall state the Direct Expenses incurred or accrued for that such preceding Expense Year Year, and indicating which shall indicate the amount, if any, amount of any the Excess. On Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term for which Term, if an Excess existsis present, Tenant shall pay, with its next installment of Basic Base Rent due, the full amount of that Excessthe Excess for such Expense Year, less the amounts (amounts, if any) , paid during the such Expense Year as "Estimated Excess (Excess," as that term is defined in Subsection 5.3.3)Section 4.4.2, below. Landlord's The failure of Landlord to timely furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord or Tenant from enforcing its rights under this Article 54. Even if though the Lease Term has expired and Tenant Xxxxxx has vacated the Premises, if an Excess exists when the final determination is made of Tenant's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess if present, Tenant shall immediately pay to Landlord the amount calculated under Subsection 5.3.1such amount. The provisions of this Subsection 5.3.2 Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.. 4.4.2

Appears in 1 contract

Samples: Aadi Bioscience, Inc.

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