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

Statement of Actual Expenses and Taxes; Payment by Tenant. Landlord shall give to Tenant, after the end of each Expense Year, a statement (the “Statement”) setting forth the actual Expenses, Taxes, Expense Excess and Tax Excess for such Expense Year. If the amount paid by Tenant for such Expense Year pursuant to Section 4.4.2 is less or more than the sum of Tenant’s Share of the actual Expense Excess plus Tenant’s Share of the actual Tax Excess (as such amounts are set forth in such Statement), Tenant shall pay Landlord the amount of such underpayment, or receive a credit in the amount of such overpayment, with or against the Rent next due hereunder; provided, however, that if this Lease has expired or terminated and Tenant has vacated the Premises, Tenant shall pay Landlord the amount of such underpayment, or Landlord shall pay Tenant the amount of such overpayment (less any Rent due), within 30 days after delivery of such Statement. Landlord shall use reasonable efforts to deliver the Statement on or before June 1 of the calendar year immediately following the Expense Year to which it applies. Any failure of Landlord to timely deliver the Statement for any Expense Year shall not diminish either party’s rights under this Section 4. Notwithstanding the foregoing, if (a) Landlord fails to furnish a Statement on or before April 30 of the second calendar year following the Expense Year to which it applies, (b) Tenant provides Landlord with notice of such failure (which notice shall expressly include the text of this sentence), and (c) Landlord fails to furnish such Statement on or before the date (the “Outside Reconciliation Date”) that is the later of (i) June 30 of the second calendar year following the Expense Year to which such Statement applies, or (ii) the date occurring 30 days after Landlord’s receipt of such notice from Tenant, then Tenant shall not be required to pay Landlord any underpayment for such Expense Year, except to the extent, if any, that such underpayment results from a determination of an actual Expense or Tax that (x) could not reasonably be made by Landlord on or before the date occurring 30 days before the Outside Reconciliation Date, (y) is made by Landlord within a reasonable period of time after the first date on which it could reasonably be made by Landlord, and (z) is disclosed to Tenant within 30 days after the date on which it is made.

Statement of Actual Expenses and Taxes; Payment by Tenant. Landlord shall use commercially reasonable efforts to give to Tenant, within one hundred twenty (120) days after the end of each Expense Year, a statement (the “Statement”) setting forth the actual Expenses, Taxes, Expense Excess Expenses and Tax Excess Taxes for such Expense Year. If the amount paid by Tenant for such Expense Year pursuant to Section 4.4.2 is less or more than the sum of Tenant’s Share of the actual Direct Expenses for such Expense Excess plus Tenant’s Share of the actual Tax Excess Year (as such amounts are set forth in such Statement), Tenant shall pay Landlord the amount of such underpayment, or receive a credit in the amount of such overpayment, with or against the Rent then or next due hereunder; provided, however, that if this Lease has expired or terminated and Tenant has vacated the Premises, Tenant shall pay Landlord the amount of such underpayment, or Landlord shall pay Tenant the amount of such overpayment (less any Rent due), within 30 days after delivery of such Statement. Landlord shall use reasonable efforts to deliver the Statement on or before June 1 of the calendar year immediately following the Expense Year to which it applies. Any failure of Landlord to timely deliver the Statement for any Expense Year shall not diminish either party’s rights under this Section 4. Notwithstanding the foregoing, if (a) Landlord fails to furnish a Statement on or before April 30 of the second calendar year following the Expense Year to which it applies, (b) Tenant provides Landlord with notice of such failure (which notice shall expressly include the text of this sentence), and (c) Landlord fails to furnish such Statement on or before the date (the “Outside Reconciliation Date”) that is the later of (i) June 30 of the second calendar year following the Expense Year to which such Statement applies, or (ii) the date occurring 30 days after Landlord’s receipt of such notice from Tenant, then Tenant shall not be required to pay any deficiency in Expenses for the Expense Year in which the Lease Expiration Date (or any earlier termination of this Lease) occurs if Landlord any underpayment fails to deliver the Statement for such Expense Year, except to the extent, if any, that such underpayment results from a determination of an actual Expense or Tax that Year within twenty-four (x24) could not reasonably be made by Landlord on or before the date occurring 30 days before the Outside Reconciliation Date, (y) is made by Landlord within a reasonable period of time months after the first date on which it could reasonably be made by Landlord, and (z) is disclosed to Tenant within 30 days after the date on which it is madeend of such Expense Year.

Statement of Actual Expenses and Taxes; Payment by Tenant. Landlord shall endeavor to give to Tenant, after the end of each Expense Year, a statement (the “Statement”) setting forth the actual Expenses, Taxes, Expense Excess and Tax Excess for such Expense Year. If the amount paid by Tenant for such Expense Year pursuant to Section 4.4.2 is less or more than the sum of Tenant’s Share of the actual Expense Excess plus Tenant’s Share of the actual Tax Excess (as such amounts are set forth in such Statement), Tenant shall pay Landlord the amount of such underpayment, or receive a credit in the amount of such overpayment, with or against the Rent next due hereunder; provided, however, that if this Lease has expired or terminated and Tenant has vacated the Premises, Tenant shall pay Landlord the amount of such underpayment, or Landlord shall pay Tenant the amount of such overpayment (less any Rent due), within 30 days after delivery of such Statement. Landlord shall use reasonable efforts to deliver the Statement on or before June 1 of the calendar year immediately following the Expense Year calendar year to which it applies. Any failure of Landlord to timely deliver the Statement for any Expense Year shall not diminish either party’s rights under this Section 4. Notwithstanding the foregoing, if (a) Landlord fails to furnish a Statement on or before April 30 of the second calendar year following the Expense Year to which it applies, (b) Tenant provides Landlord with notice of such failure (which notice shall expressly include the text of this sentence), and (c) Landlord fails to furnish such the Statement on or before the date (the “Outside Reconciliation Date”) that is the later of (i) June 30 of the second calendar year following the Expense Year to which such the Statement applies, or (ii) the date occurring 30 days after Landlord’s receipt of such notice from Tenant, then Tenant shall not be required to pay Landlord any underpayment for such Expense Year, except to the extent, if any, that such underpayment results from a determination of an actual Expense or Tax that (x) could not reasonably be made by Landlord on or before the date occurring 30 days before the Outside Reconciliation Date, (y) is made by Landlord within a reasonable period of time after the first date on which it could reasonably be made by Landlord, and (z) is disclosed to Tenant within 30 days after the date on which it is made.

Statement of Actual Expenses and Taxes; Payment by Tenant. Landlord shall give to Tenant, after the end of each Expense Year, a statement (the “Statement”) setting forth the actual Expenses, Taxes, Expense Excess Expenses and Tax Excess Taxes for such Expense Year. If the amount paid by Tenant for such Expense Year pursuant to Section 4.4.2 is less or more than the sum of Tenant’s Share of the actual Expense Excess Expenses plus Tenant’s Share of the actual Tax Excess Taxes (as such amounts are set forth in such Statement), Tenant shall pay Landlord the amount of such underpayment, or receive a credit in the amount of such overpayment, with or against the Rent then or next due hereunder; , provided, however, that if this Lease has expired or terminated and Tenant has vacated the Premises, Tenant shall pay Landlord the amount of such underpayment, or Landlord shall pay Tenant the amount of such overpayment (less any Rent due), within 30 days after delivery of such Statement. Landlord shall use reasonable efforts to deliver the Statement on or before June 1 30 of the calendar year immediately following the Expense Year to which it applies. Any failure of Landlord to timely deliver the Statement for any Expense Year shall not diminish either party’s rights under this Section 4. Notwithstanding the foregoing, if (a) Landlord fails to furnish a Statement on or before April 30 October 31 of the second calendar year following the Expense Year to which it such Statement applies, (b) Tenant Tenant, after October 31 of such calendar year, provides Landlord with notice of such failure (which notice shall expressly include the text of this sentence), and (c) Landlord fails to furnish such Statement on or before the date (the “Outside Reconciliation Date”) that is by the later of (i) June 30 December 31 of the second such calendar year following the Expense Year to which such Statement appliesyear, or (ii) the date occurring 30 days after Landlord’s receipt of such notice from Tenant, then Tenant shall not be required to pay Landlord any underpayment for such Expense Year, except as provided in Section 4.4.3. Except as provided in Section 4.4.3 and 4.6, the Statement shall be deemed to the extent, if any, that such underpayment results from a determination of an actual Expense or Tax that (x) could not reasonably be made by final and binding upon both Landlord on or before the date occurring 30 days before the Outside Reconciliation Date, (y) is made by Landlord within a reasonable period of time after the first date on which it could reasonably be made by Landlord, and (z) is disclosed to Tenant within 30 days after the date on which it is madeTenant.

Statement of Actual Expenses and Taxes; Payment by Tenant. Landlord shall give to Tenant, within 120 days after the end of each Expense Year, a statement (the “Statement”) setting forth the actual Expenses, Taxes, Expense Excess Expenses and Tax Excess Taxes for such Expense Year. If the amount paid by Tenant for such Expense Year pursuant to Section 4.4.2 is less or more than the sum of Tenant’s Share of the actual Expense Excess Expenses plus Tenant’s Share of the actual Tax Excess Taxes (as such amounts are set forth in such Statement), Tenant shall pay Landlord the amount of such underpayment, underpayment within 30 days after receipt of the Statement or receive a credit in the amount of such overpayment, with or against the Rent then or next due hereunder; provided, however, that if this Lease has expired or terminated and Tenant has vacated the Premises, Tenant shall pay Landlord the amount of such underpayment, or Landlord shall pay Tenant the amount of such overpayment (less any Rent due), within 30 days after delivery of such Statement. Landlord shall use reasonable efforts to deliver the Statement on or before June 1 of the calendar year immediately following the Expense Year to which it applies. Any failure of Landlord to timely deliver the Statement for any Expense Year shall not diminish either party’s rights under this Section 4. Notwithstanding Tenant shall not be responsible for Tenant’s Share of any Expenses attributable to any Expense Year which are first billed to Tenant more than two (2) calendar years after the foregoing, if (a) Landlord fails to furnish a Statement on or before April 30 earlier of the second calendar year expiration of the applicable Expense Year or the Lease Expiration Date, provided that in any event Tenant shall be responsible for Tenant’s Share of Expenses or Taxes levied by any governmental authority or by any public utility companies at any time following the Lease Expiration Date which are attributable to any Expense Year to which it applies, (bprovided that Landlord delivers Tenant a xxxx for such amounts within two (2) Tenant provides Landlord with notice of such failure (which notice shall expressly include the text of this sentence), and (c) Landlord fails to furnish such Statement on or before the date (the “Outside Reconciliation Date”) that is the later of (i) June 30 of the second calendar year years following the Expense Year to which such Statement applies, or (ii) the date occurring 30 days after Landlord’s receipt of such notice from Tenant, then Tenant shall not be required to pay Landlord any underpayment for such Expense Year, except to the extent, if any, that such underpayment results from a determination of an actual Expense or Tax that (x) could not reasonably be made by Landlord on or before the date occurring 30 days before the Outside Reconciliation Date, (y) is made by Landlord within a reasonable period of time after the first date on which it could reasonably be made by Landlord, and (z) is disclosed to Tenant within 30 days after the date on which it is madexxxx therefor).

Statement of Actual Expenses and Taxes; Payment by Tenant. Landlord shall give to Tenant, after the end of each Expense Year, a statement (the “Statement”) setting forth the actual Expenses, Taxes, Expense Excess and Tax Excess for such Expense Year. If the amount paid by Tenant for such Expense Year pursuant to Section 4.4.2 is less or more than the sum of Tenant’s Share of the actual Expense Excess plus Tenant’s Share of the actual Tax Excess (as such amounts are set forth in such Statement), Tenant shall pay Landlord the amount of such underpayment, or receive a credit in the amount of such overpayment, with or against the Rent then or next due hereunder; provided, however, that if this Lease has expired or terminated and Tenant has vacated the Premises, Tenant shall pay Landlord the amount of such underpayment, or Landlord shall pay Tenant the amount of such overpayment (less any Rent due), within 30 days after delivery of such Statement. Landlord shall use reasonable efforts to deliver the Statement on or before June 1 of the calendar year immediately following the Expense Year to which it applies. Any failure of Landlord to timely deliver the Statement for any Expense Year shall not diminish either party’s rights under this Section 4. Notwithstanding the foregoing, if (a) Landlord fails to furnish a Statement on or before by April 30 of the second calendar year following the Expense Year to which it applies, (b2nd) Tenant provides Landlord with notice of such failure (which notice shall expressly include the text of this sentence), and (c) Landlord fails to furnish such Statement on or before the date (the “Outside Reconciliation Date”) that is the later of (i) June 30 of the second calendar year following the Expense Year to which such Statement applies, or (ii) the date occurring 30 days after Landlord’s receipt of such notice from Tenant, then Tenant shall not be required to pay Landlord any underpayment for such Expense Year, except to the extent, if any, that such underpayment results from a determination of an actual Expense or Tax that (x) could not reasonably be made by Landlord on or before the date occurring 30 days before the Outside Reconciliation Date, (y) is made by Landlord within a reasonable period of time after the first date on which it could reasonably be made by Landlord, and (z) is disclosed to Tenant within 30 days after the date on which it is madeas provided in Section 4.4.3.

Statement of Actual Expenses and Taxes; Payment by Tenant. Landlord shall give to Tenant, after the end of each Expense Year, a statement (the “Statement”) setting forth the actual Expenses, Taxes, Expense Excess and Tax Excess for such Expense Year. If the amount paid by Tenant for such Expense Year pursuant to Section 4.4.2 is less or more than the sum of Tenant’s Share of the actual Expense Excess plus Tenant’s Share of the actual Tax Excess (as such amounts are set forth in such Statement), Tenant shall pay Landlord the amount of such underpayment, or receive a credit in the amount of such overpayment, with or against the Rent next coming due hereunderhereunder at least 30 days after delivery of such Statement; provided, however, that if this Lease has expired or terminated and Tenant has vacated the Premises, Tenant shall pay Landlord the amount of such underpayment, or Landlord shall pay Tenant the amount of such overpayment (less any Rent due), within 30 days after delivery of such Statement. Landlord shall use reasonable efforts to deliver the Statement on or before June 1 of the calendar year immediately following the Expense Year to which it applies. Any failure of Landlord to timely deliver the Statement for any Expense Year shall not diminish either party’s rights under this Section 4. Notwithstanding the foregoing, if (a) Landlord fails to furnish a Statement on or before April 30 by December 31 of the second calendar year following the Expense Year to which it applies, (b2nd) Tenant provides Landlord with notice of such failure (which notice shall expressly include the text of this sentence), and (c) Landlord fails to furnish such Statement on or before the date (the “Outside Reconciliation Date”) that is the later of (i) June 30 of the second calendar year following the Expense Year to which such Statement applies, or (ii) the date occurring 30 days after Landlord’s receipt of such notice from Tenant, then Tenant shall not be required to pay Landlord any underpayment for such Expense Year, except to the extent, if any, that such underpayment results from a determination of an actual Expense or Tax that (x) could not reasonably be made by Landlord on or before the date occurring 30 days before the Outside Reconciliation Date, (y) is made by Landlord within a reasonable period of time after the first date on which it could reasonably be made by Landlord, and (z) is disclosed to Tenant within 30 days after the date on which it is madeas provided in Section 4.4.3.