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 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, within thirty (30) days of 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. In the event an overpayment is made, such overpayment will be credited against the next installments of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses due, or in the event the Lease Term has expired, then any overpayment will be refunded to Tenant within thirty (30) days after the issuance of the Statement. 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. The provisions of this Section 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 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 of Base Rent due (or within thirty (30) days of receipt if the Lease Term has expired prior to Tenant's ’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. In the event an overpayment is made, such overpayment will be credited against the next installments of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses due, or in the event the Lease Term has expired, then any overpayment will be refunded to Tenant within thirty (30) days after the issuance of the Statement. 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; provided that Landlord shall not be entitled to collect any items which are not billed to Tenant within one year after the expiration of 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 arriving from the assessor). The provisions of this Section 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 endeavor to give to Tenant within one hundred twenty on or before the first (1201st) days day of April 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 Within ten (10) business days after 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 with its next installment of Tenant's receipt of the StatementBase 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. In the event an overpayment is made, such overpayment will be credited against the next installments of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses due, or in the event the Lease Term has expired, then any overpayment will be refunded to Tenant within thirty (30) days after the issuance of the StatementEstimate. 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 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 Tax Expenses for the Expense Year in which this Lease terminates, Tenant shall, 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 4.3.1 4.3.2 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 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, within thirty (30) days with its next installment of Tenant's receipt of the StatementBase 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. In If the event an overpayment Statement for any Expense Year indicates (i) the Excess is madeless than the amounts, if any, paid by Tenant during such overpayment will be credited against the next installments of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses dueExpense 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 event Lease Term, pay to Tenant), (a) an amount equal to the Lease Term has expireddifference between the Estimated Excess paid by Tenant for such Expense Year, then any overpayment will be refunded if any, and the Excess, in the case of (i) above, or (b) an amount equal to Tenant within thirty the Estimated Excess, if any, in the case of (30ii) days after the issuance of the Statementabove. 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 4.3.1 4.3.2 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 one hundred twenty ninety (12090) 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 of Base Rent due (or within thirty (30) days of receipt if the Lease Term has expired prior to Tenant's ’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. In If the event an overpayment amount of the Estimated Excess paid by Tenant for any Expense Year is madegreater than the full amount of the Excess for such Expense Year, then Landlord shall reimburse Tenant for the difference when Landlord delivers the Statement for such overpayment will be credited Expense Year to Tenant or, at Landlord’s option, credit such excess against the Tenant’s next installments of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses due, or in the event the Lease Term has expired, then any overpayment will be refunded to Tenant within thirty (30) days after the issuance of the StatementEstimated Excess. 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. The provisions of this Section 4.3.1 4.3.2 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 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 of Base Rent due (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. In the event an overpayment is made, such overpayment will be credited against the next installments of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses due, or in the event the Lease Term has expired, then any overpayment will be refunded to Tenant within thirty (30) days after the issuance of the Statement. 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. The provisions of this Section 4.3.1 4.3.2 shall survive the expiration or earlier termination of the Lease Term. Landlord shall keep and maintain complete and accurate books and records reflecting In the event Operating Expenses, Insurance Expenses, Utility Expenses, and Expenses and/or Tax Expenses for a period of at least two (2) years following the period in which are lower than Operating Expenses, Insurance Expenses, Utility Expenses and/or Tax Expenses, and Tax Expenses were incurred. Notwithstanding anything in this Section 4.3 to respectively, for the contraryBase Year, Tenant shall will not be responsible for entitled to any credit against Base Rent, but Tenant's Share of any Operating Expenses attributable shall be zero as 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 category 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 thereforexpenses.

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, amount of any Excessthe NNN Charges. 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 of receipt if the Lease Term has expired prior to Tenant's ’s receipt of the Statement), the full amount of Tenant’s Share of the Excess NNN Charges for such Expense Year, less the amounts, if any, already paid by Tenant during such Expense Year as Estimated ExcessNNN Charges. In the event an overpayment is madeby Tenant is reflected in the Statement, such overpayment will be credited against the next installments of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses NNN Charges due, or in the event the Lease Term has expired, then any overpayment will be refunded to Tenant within thirty (30) days after the issuance of the Statement. 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. The provisions of this Section 4.3.1 4.3.2 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 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, within thirty (30) days of receipt of the Statement (or within thirty (30) days of receipt if the Lease Term has expired prior to Tenant's ’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. In the event an overpayment is made, such overpayment will be credited against the next installments of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses due, or in the event the Lease Term has expired, then any overpayment will be refunded to Tenant within thirty (30) days after the issuance of the Statement. 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. The provisions of this Section 4.3.1 shall survive the expiration or earlier termination of the Lease Term. If requested by Tenant, Landlord shall keep 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 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 will not be responsible for Tenant's Share of given any Operating Expenses attributable right 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 protest 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 thereforxxxx.

Statement of Actual Expenses and Payment by Tenant. Landlord shall give to Tenant within Within one hundred twenty (120) days following after the end of each Expense Year (including the Base Year) or as soon thereafter as reasonably possible, Landlord shall use commercially reasonable efforts to give Tenant a statement (the "Statement") ), which shall state the Operating Expenses, Insurance Expenses, Utility 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 commencing or ending during the Lease Term, if an Excess is present, Tenant shall pay, within thirty (30) days of Tenant's receipt of the Statement, 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). In If any Statement reflects that the event an overpayment amount of Estimated Excess paid by Tenant to Landlord for such Expense Year is madegreater than the actual amount of the Excess for such Expense Year, then Landlord shall, at Landlord's option, either (i) remit such overpayment will be credited against the next installments of Operating Expenses, Insurance Expenses, Utility Expenses and Tax Expenses due, or in the event the Lease Term has expired, then any overpayment will be refunded to Tenant within thirty (30) days after such applicable Statements is delivered to Tenant, or (ii) credit such overpayment toward the issuance of the StatementAdditional Rent next due and payable to Tenant under this Lease. 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; 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, if the Statement for the Expense Year in which this Lease terminates 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, then within thirty (30) days after Landlord's delivery of such Statement to Tenant, Landlord shall refund to Tenant any such overpayment, or Tenant shall pay to Landlord any such underpayment, as the case may be. The provisions of this Section 4.3.1 4.3.2 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.