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

Statement of Actual Direct Expenses and Payment by Tenant. Following the end of each Expense Year, Landlord shall give to Tenant a statement ("Statement"), which shall state the Direct Expenses for such preceding Expense Year, and which shall indicate the amount, if any, of the Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. Upon receipt of the Statement for each Expense Year ending during the Lease Term, if an Excess is present, Tenant shall pay, with its next installment of Base Rent due, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 5.3.3, below. If the Estimated Excess paid during such Expense Year is more than the Excess for such Expense Year, Landlord shall credit Tenant with such difference against the next accruing obligations of Tenant under this Section 5.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall give to Tenant following the end of each Expense YearYear (and no later than the following May 1st), Landlord shall give to Tenant a statement ("the “Statement"), ”) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of the Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. 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, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "“Estimated Excess," ” as that term is defined in Section 5.3.34.4.2, below. If The failure of Landlord to timely furnish the Estimated Excess paid during such Statement for any Expense Year is shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4, provided that failure to furnish the Statement for more than twenty-four (24) months following the date it should have been delivered shall be deemed Landlord’s waiver if its right to demand any Excess. 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 an Excess for if present, Tenant shall immediately pay to Landlord such Expense Year, Landlord shall credit Tenant with such difference against the next accruing obligations amount. The provisions of Tenant under this Section 54.4.1 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall endeavor to give to Tenart on or before the first day of April following the end of each Expense Year, Landlord shall give to Tenant Year a statement ("“Statement"), which shall state ”) stating the Direct Expenses incurred or accrued for such that preceding Expense Year, Year and which shall indicate indicating the amount, if any, of the any Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. Upon On receipt of the Statement for each Expense Year ending during the Lease Term, if Term for which an Excess is presentexists, Tenant shall pay, with its next installment of Base Rent due, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess for such Expense Yearthat Excess, less the amounts, amounts (if any, ) paid during such that Expense Year as "Estimated Excess," Excess (as that term is defined in Section 5.3.3, belowsubsection 4.3.3). If Landlord’s failure to furnish the Estimated Excess paid during such Statement for any Expense Year is more than the Excess for such Expense Year, in a timely manner shall not prejudice Landlord shall credit Tenant with such difference against the next accruing obligations of Tenant from enforchg its rights under this Section 5Article 4. 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 4.3.1. The provisions of this subsection 4.3.2 shall survive the expiation or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall endeavor to give to Tenant following the end of each Expense Year, Landlord shall give to Tenant a statement (the "Statement"), ) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of the Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. 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, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 5.3.34.4.2, below. If The failure of Landlord to timely furnish the Estimated Excess paid during such Statement for any Expense Year is more than the Excess for such Expense Year, shall not prejudice Landlord shall credit or Tenant with such difference against the next accruing obligations of Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Xxxxxx 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 an Excess if present, Tenant shall immediately pay to Landlord such amount. The provisions of this Section 54.4.1 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall give to Tenant following the end of each Expense Year, Landlord shall give to Tenant a statement (the "StatementSTATEMENT"), ) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of the Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. 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, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 5.3.34.4.2, below. If The failure of Landlord to timely furnish the Estimated Excess paid during such Statement for any Expense Year is more than the Excess for such Expense Year, shall not prejudice Landlord shall credit or Tenant with such difference against the next accruing obligations of 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 an Excess if present, Tenant shall immediately pay to Landlord such amount. The provisions of this Section 54.4.1 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall endeavor to give to Tenant following the end of each Expense Year, Landlord shall give to Tenant a statement (the "StatementSTATEMENT"), ) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of the Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. 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, but in no event longer than within thirty (30) days after following receipt of such the Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 5.3.34.4.2, below. If The failure of Landlord to timely furnish the Estimated Excess paid during such Statement for any Expense Year is more than the Excess for such Expense Year, shall not prejudice Landlord shall credit or Tenant with such difference against the next accruing obligations of 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 an Excess if present, Tenant shall pay to Landlord such amount, within thirty (30) days following demand from Landlord. The provisions of this Section 54.4.1 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, Landlord shall give to Tenant a statement ("the “Statement"), ”) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, of the any Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. Upon receipt of the Statement for each Expense Year ending during the Lease Term, if an Excess is present, Tenant shall pay, with its next installment of Base Rent due, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 5.3.3, below. If The failure of Landlord to timely furnish the Estimated Excess paid during such Statement for any Expense Year is more than the Excess for such Expense Year, shall not prejudice Landlord shall credit Tenant with such difference against the next accruing obligations of 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 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 provisions of Section 54.3.1 above. The provisions of this Section 4.3.2 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall endeavor to give to Tenant within 150 days following the end of each Expense Year, Landlord shall give to Tenant a statement ("the “Statement"), ”) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, of the Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. 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, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess Direct Expenses for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," Expenses (as that term is defined in Section 5.3.3, 4.4.2 below. If the Estimated Excess paid during such Expense Year is more than the Excess for such Expense Year, ) or Landlord shall credit any overpayment by Tenant with such difference against the next accruing obligations installments of Direct Expenses coming due, or refund to Tenant any such overpayment made in the last Expense Year of the Lease Term. 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 Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord such amount. The provisions of this Section 54.4.1 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall give to Tenant following the end of each Expense Year, Landlord shall give and prior to Tenant the expiration fo the following Expense Year, a statement ("the “Statement"), ”) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of the Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. 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, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "“Estimated Excess," ” as that term is defined in Section 5.3.34.4.2, below. If The failure of Landlord to timely furnish the Estimated Excess paid during such Statement for any Expense Year is more than the Excess for such Expense Year, shall not prejudice Landlord shall credit or Tenant with such difference against the next accruing obligations of 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 an Excess is present, Tenant shall, within ten (10) days following receipt of billing, pay to Landlord such amount. The provisions of this Section 54.4.1 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall endeavor to give to Tenant following the end of each Expense Year, Landlord shall give to Tenant a statement (the "Statement"), ) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of the Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by Tenant. 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, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 5.3.34.4.2, below. If The failure of Landlord to timely furnish the Estimated Excess paid during such Statement for any Expense Year is more than the Excess for such Expense Year, shall not prejudice Landlord shall credit or Tenant with such difference against the next accruing obligations of 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 an Excess if present, Tenant shall immediately pay to Landlord such amount. The provisions of this Section 54.4.1 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Following Landlord shall endeavor to give to Tenant following the end of each Expense Year, Landlord shall give to Tenant a statement (the "StatementSTATEMENT"), ) which shall state the Building Direct Expenses and Project Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of the Excess. Landlord shall endeavor to give such Statement within ninety (90) days after the end of each Expense Year. Unless Tenant shall take written exception to any item within seventy-five (75) days after the furnishing of a Statement, such Statement shall be considered as final and accepted by TenantPayment. 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, but in no event longer than thirty (30) days after receipt of such Statement, the full amount of the Excess Expense Payment for such Expense Year (prorated to reflect the period of the Lease Term included in such Expense Year), less the amounts, if any, paid during such Expense Year as an "Estimated ExcessPayment," as that term is defined in Section 5.3.34.4.2, below. If The failure of Landlord to timely furnish the Estimated Excess paid during such Statement for any Expense Year is more than the Excess for such Expense Year, shall not prejudice Landlord shall credit or Tenant with such difference against the next accruing obligations of 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 Building Share of Building Direct Expenses and Tenant's Project Share of Project Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord such amount. The provisions of this Section 54.4.1 shall survive the expiration or earlier termination of the Lease Term.