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

Statement of Actual Expenses and Payment by Tenant. Landlord shall give to Tenant following the end of each Expense Year, a statement (the “Statement”) which shall state the Operating Expenses and Tax Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, of any Excess. 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, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as Estimated Excess. If the Statement for any Expense Year indicates (i) the Excess is less than the amounts, if any, paid by Tenant during such Expense Year as Estimated Excess, or (ii) no Excess exists, then Landlord shall offset against Tenant’s next monthly installment of Estimated Excess due hereunder (or, if such Statement covers the last Expense Year in the Lease Term, pay to Tenant), (a) an amount equal to the difference between the Estimated Excess paid by Tenant for such Expense Year, if any, and the Excess, in the case of (i) above, or (b) an amount equal to the Estimated Excess, if any, in the case of (ii) above. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord 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 Operating Expenses and the Tax 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 4.3.1 of this Lease. The provisions of this Section 4.3.2 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first (1st) day of April following the end of each Expense Year, a statement (the “Statement”) which shall state the Operating Expenses, Insurance Expenses and Tax Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, of any Excess. Upon Within ten (10) business days after 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, the full amount of the Excess for such Expense Yearthereof, less the amounts, if any, paid during such Expense Year as Estimated Excess. If the Statement for any Expense Year indicates (i) the Excess is less than the amounts, if any, paid by Tenant during such Expense Year as Estimated Excess, or (ii) no Excess exists, then Landlord shall offset against Tenant’s next monthly installment of Estimated Excess due hereunder (or, if such Statement covers the last Expense Year in the Lease Term, pay to Tenant), (a) an amount equal to the difference between the Estimated Excess paid by Tenant for such Expense Year, if any, and the Excess, in the case of (i) above, or (b) an amount equal to the Estimated Excess, if any, in the case of (ii) aboveEstimate. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord from enforcing its rights under this Article 44 for a period of one (1) year after the expiration of the calendar year for which the Statement applies and after such one (1) year period Landlord waives its right to recover all or any portion of Tenant’s Share of Operating Expenses, Insurance Expenses and Tax Expenses, except where the failure to timely furnish the Statement as to any particular item includable in the Statement is beyond Landlord’s reasonable control (e.g., tax assessments that are late in arriving from the assessor), in which case such one (1) year limit and the commensurate waiver shall not be applicable. 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 Operating Expenses, Insurance Expenses and the Tax Expenses for the Expense Year in which this Lease terminates, if an Excess is presentTenant shall, Tenant shall immediately within ten (10) business days after invoice, pay to Landlord an amount as calculated pursuant to the provisions of Section 4.3.1 of this Lease. The provisions of this Section 4.3.2 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Expenses and Payment by Tenant. Landlord shall give to Tenant following the end of each Expense Year, a statement (the “Statement”) which shall state the Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, of any Excess. 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 within thirty (30) days of Base Rent duereceipt of the Statement (or within thirty (30) days of receipt if the Lease Term has expired prior to Tenant’s receipt of 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. If In the Statement for any Expense Year indicates (i) event an overpayment is made, such overpayment will be credited against the Excess is less than the amountsnext installments of Operating Expenses, if anyInsurance Expenses, paid by Tenant during such Expense Year as Estimated ExcessUtility Expenses and Tax Expenses due, or (ii) no Excess existsin the event the Lease Term has expired, then Landlord shall offset against Tenant’s next monthly installment any overpayment will be refunded to Tenant within thirty (30) days after the issuance of Estimated Excess due hereunder (or, if such Statement covers the last Expense Year in the Lease Term, pay to Tenant), (a) an amount equal to the difference between the Estimated Excess paid by Tenant for such Expense Year, if any, and the Excess, in the case of (i) above, or (b) an amount equal to the Estimated Excess, if any, in the case of (ii) aboveStatement. The failure of Landlord to timely furnish the Statement or the Estimated Statement for any Expense Year shall not prejudice Landlord 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 Operating Expenses and the Tax 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 4.3.1 of this Lease. The provisions of this Section 4.3.2 4.3.1 shall survive the expiration or earlier termination of the Lease Term. If requested by Tenant, Landlord will provide Tenant a copy of the tax xxxx for any applicable Expense Year; provided that such tax xxxx will be provided for informational purposes only and Tenant will not be given any right to protest such xxxx.

Statement of Actual Expenses and Payment by Tenant. Landlord shall give to Tenant following Within one hundred twenty (120) days after the end of each Expense Year, Landlord shall use commercially reasonable efforts to give Tenant a statement (the “"Statement”) "), which shall state the Operating Expenses and Tax Expenses that were incurred or accrued for such preceding Expense YearYear and allocated to the Building (pursuant to Section 4.3.4 below), and which shall indicate the amount, if any, of any Excess. Upon Within thirty (30) days after Tenant's 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, pay to Landlord the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as Estimated ExcessExcess (as defined in and pursuant to Section 4.3.3, below). If any Statement reflects that the Statement amount of Estimated Excess paid by Tenant to Landlord for any such Expense Year indicates is greater than the actual amount of the Excess for such Expense Year, then Landlord shall, at Landlord's option, either (i) the Excess remit such overpayment to Tenant within thirty (30) days after such applicable Statements is less than the amounts, if any, paid by Tenant during such Expense Year as Estimated Excessdelivered to Tenant, or (ii) no Excess exists, then Landlord shall offset against Tenant’s credit such overpayment toward the Additional Rent next monthly installment of Estimated Excess due hereunder (or, if such Statement covers the last Expense Year in the Lease Term, pay and payable to Tenant), (a) an amount equal to the difference between the Estimated Excess paid by Tenant for such Expense Year, if any, and the Excess, in the case of (i) above, or (b) an amount equal to the Estimated Excess, if any, in the case of (ii) aboveunder this Lease. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord from enforcing its rights under this Article 4; provided, however, Landlord's failure to provide Tenant with a Statement for a particular Expense Year within eighteen (18) months after the end of the Expense Year in question shall constitute a waiver of Landlord's right to collect any additional Operating Expenses and Tax Expenses payable for such Expense Year that would be disclosed by such Statement. Notwithstanding the foregoing, such limitation on Landlord's ability to collect any Operating Expenses and Tax Expenses as a result of any late delivery of such Statement shall not preclude Landlord from modifying any Statement once such Statement is timely delivered, as provided hereinabove, to reflect any additional expenses levied by any governmental authority or by any public utility companies (including, without limitation, as a result of any new or supplemental tax bills issued by the applicable taxing authority). Even though the Lease Term has expired and Tenant has vacated the Premises, when if the final determination is made of Tenant’s Share of the Operating Expenses and the Tax Expenses Statement for the Expense Year in which this Lease terminatesterminates reflects that Tenant's payment to Landlord of Estimated Excess for such Expense Year was greater than or less than the actual amount of Excess for such last Expense Year, if an Excess is presentthen within thirty (30) days after Landlord's delivery of such Statement to Tenant, Landlord shall refund to Tenant any such overpayment, or Tenant shall immediately pay to Landlord an amount any such underpayment, as calculated pursuant to the provisions of Section 4.3.1 of this Leasecase may be. The provisions of this Section 4.3.2 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Expenses and Payment by Tenant. Landlord shall give to Tenant within one hundred twenty (120) days following the end of each Expense Year (including the Base Year) or as soon thereafter as reasonably possible, a statement (the “"Statement”") which shall state the Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, of any Excess. 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 within thirty (30) days of Base Rent dueTenant's receipt of 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. If In the Statement for any Expense Year indicates (i) event an overpayment is made, such overpayment will be credited against the Excess is less than the amountsnext installments of Operating Expenses, if anyInsurance Expenses, paid by Tenant during such Expense Year as Estimated ExcessUtility Expenses and Tax Expenses due, or (ii) no Excess existsin the event the Lease Term has expired, then Landlord shall offset against Tenant’s next monthly installment any overpayment will be refunded to Tenant within thirty (30) days after the issuance of Estimated Excess due hereunder (or, if such Statement covers the last Expense Year in the Lease Term, pay to Tenant), (a) an amount equal to the difference between the Estimated Excess paid by Tenant for such Expense Year, if any, and the Excess, in the case of (i) above, or (b) an amount equal to the Estimated Excess, if any, in the case of (ii) aboveStatement. The failure of Landlord to timely furnish the Statement or the Estimated Statement for any Expense Year shall not prejudice Landlord 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 Operating Expenses and the Tax 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 4.3.1 of this Lease. The provisions of this Section 4.3.2 4.3.1 shall survive the expiration or earlier termination of the Lease Term. Landlord shall keep and maintain complete and accurate books and records reflecting the Operating Expenses, Insurance Expenses, Utility Expenses, and Tax Expenses for a period of at least two (2) years following the period in which Operating Expenses, Insurance Expenses, Utility Expenses, and Tax Expenses were incurred. Notwithstanding anything in this Section 4.3 to the contrary, Tenant shall not be responsible for Tenant's Share of any Operating Expenses attributable to any calendar year which was first billed to Tenant more than two (2) calendar years after the date (the "Cutoff Date") which is the earlier of (i) the expiration of the applicable calendar year or (ii) the Lease expiration date, except that Tenant shall be responsible for Tenant's Share of any Operating Expenses levied by any governmental authority or by any public utility company at any time following the applicable Cutoff Date which are attributable to any calendar year occurring prior to such Cutoff Date, so long as Landlord delivers to Tenant a xxxx and supplemental Statement for such amounts within ninety (90) days following Landlord's receipt of the applicable xxxx therefor.

Statement of Actual Expenses and Payment by Tenant. Landlord shall give to Tenant within ninety (90) days following the end of each Expense Year, a statement (the “Statement”) which shall state the Operating Expenses, Utility Expenses and Tax Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, of any Excess. 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 duedue (or within thirty (30) days of receipt if the Lease Term has expired prior to Tenant’s receipt of 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. If the Statement for any Expense Year indicates (i) the Excess is less than the amounts, if any, paid by Tenant during such Expense Year as Estimated Excess, or (ii) no Excess exists, then Landlord shall offset against Tenant’s next monthly installment amount of Estimated Excess due hereunder (or, if such Statement covers the last Expense Year in the Lease Term, pay to Tenant), (a) an amount equal to the difference between the Estimated Excess paid by Tenant for any Expense Year is greater than the full amount of the Excess for such Expense Year, if anythen Landlord shall reimburse Tenant for the difference when Landlord delivers the Statement for such Expense Year to Tenant or, and the Excessat Landlord’s option, in the case credit such excess against Tenant’s next installments of (i) above, or (b) an amount equal to the Estimated Excess, if any, in the case of (ii) above. The failure of Landlord to timely furnish the Statement or the Estimated Statement for any Expense Year shall not prejudice Landlord 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 Operating Expenses and the Tax 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 4.3.1 of this Lease. The provisions of this Section 4.3.2 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Expenses and Payment by Tenant. Landlord shall give to Tenant following the end of each Expense Year, a statement (the “Statement”) which shall state the Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, of any Excess. 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 duedue (or within thirty (30) days of receipt if the Lease Term has expired prior to Tenant’s receipt of 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. If In the Statement for any Expense Year indicates (i) event an overpayment is made, such overpayment will be credited against the Excess is less than the amountsnext installments of Operating Expenses, if anyInsurance Expenses, paid by Tenant during such Expense Year as Estimated ExcessUtility Expenses and Tax Expenses due, or (ii) no Excess existsin the event the Lease Term has expired, then Landlord shall offset against Tenant’s next monthly installment any overpayment will be refunded to Tenant within thirty (30) days after the issuance of Estimated Excess due hereunder (or, if such Statement covers the last Expense Year in the Lease Term, pay to Tenant), (a) an amount equal to the difference between the Estimated Excess paid by Tenant for such Expense Year, if any, and the Excess, in the case of (i) above, or (b) an amount equal to the Estimated Excess, if any, in the case of (ii) aboveStatement. The failure of Landlord to timely furnish the Statement or the Estimated Statement for any Expense Year shall not prejudice Landlord from enforcing its rights under this Article 4. Even though ; provided that Landlord shall not be entitled to collect any items which are not billed to Tenant within one year after the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made expiration of Tenant’s Share of the Operating Expenses and the Tax Expenses for the Expense Year to which such items relate; and further provided that such one year limitation shall not apply to any items which Landlord does not have notice of during such one year period (e.g., tax bills which are late in which this Lease terminates, if an Excess is present, Tenant shall immediately pay to Landlord an amount as calculated pursuant to arriving from the provisions of Section 4.3.1 of this Leaseassessor). The provisions of this Section 4.3.2 4.3.1 shall survive the expiration or earlier termination of the Lease Term.