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

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available following the end of each Fiscal Year, but in no event later than June 1, a statement (the “Statement of Actual Operating Expenses”) stating the Operating Expenses incurred or accrued for that preceding Fiscal Year and indicating the amount, if any, of any Additional Rent due to Landlord or overpayment by Tenant. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Operating Expenses for the applicable Fiscal Year, a statement as to any Operating Expense which is not final and the amount of Tenant’s obligations hereunder and application of Tenant’s estimated payments. Except for Operating Expense items identified by Landlord as not being final or adjustments to Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On receipt of the Statement of Actual Operating Expenses for each Fiscal Year, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Additional Rent, less the estimated amounts (if any) paid during the Fiscal Year pursuant to an Estimate Statement (as defined in subsection 5.3.2(b) above). In the event there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Fiscal Year, the amount of overpayment shall be credited against payments of Additional Rent as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term of this Lease, such overpayment shall be promptly refunded to Tenant. Landlord’s failure to furnish the Statement of Actual Operating Expenses for any Fiscal Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunder. Even if the Lease Term is expired and Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder when final determination is made of Tenant’s Share of the Operating Expenses for the Fiscal Year in which the Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under this subsection (b). Provisions of this subsection (b) shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available following the end of each Fiscal Year, but in no event later than June November 1, a statement (the “Statement of Actual Operating Expenses”) stating the Operating Expenses incurred or accrued for that preceding Fiscal Year and indicating the amount, if any, of any Additional Rent Excess due to Landlord or overpayment by Tenant. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Operating Expenses for the applicable Fiscal Year, a statement as to any Operating Expense which is not final and the amount of Tenant’s obligations hereunder and application of Tenant’s estimated payments. Except for Operating Expense items identified by Landlord as not being final or adjustments to Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June November 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On receipt of the Statement of Actual Operating Expenses for each Fiscal YearYear for which an Excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Additional RentExcess, less the estimated amounts (if any) paid during the Fiscal Year pursuant to an Estimate Statement (as defined in subsection subparagraph 5.3.2(b) above). In the event there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Fiscal Year, the amount of overpayment shall be credited against payments of Additional Rent as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term of this Lease, such overpayment shall be promptly refunded to Tenant. Landlord’s failure to furnish the Statement of Actual Operating Expenses for any Fiscal Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunder. Even if the Lease Term is expired and Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder an Excess exists when final determination is made of Tenant’s Share of the Operating Expenses for the Fiscal Year in which the Lease terminates, Tenant shall immediately promptly pay to Landlord the amount calculated under this subsection subparagraph (bc). Provisions of this subsection subparagraph (bc) shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available following the end of each Fiscal Year, but in no event later than June 1, Year a statement (the “Statement of Actual Operating Expenses”) stating the Operating Expenses incurred or accrued for that preceding Fiscal Year and indicating the amount, if any, of any Additional Rent Excess due to Landlord or overpayment by Tenant. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Operating Expenses for the applicable Fiscal Year, a statement as to any Operating Expense which is not final and the amount of Tenant’s obligations hereunder and application of Tenant’s estimated payments. Except for Operating Expense items identified by Landlord as not being final or adjustments to Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On receipt of the Statement of Actual Operating Expenses for each Fiscal YearYear for which an Excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Additional RentExcess, less the estimated amounts (if any) paid during the Fiscal Year pursuant to an Estimate Statement (as defined in subsection subparagraph 5.3.2(b) above). In the event there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Fiscal Year, the amount of overpayment shall be credited against payments of Additional Rent as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term of this Lease, such overpayment shall be promptly refunded to Tenant. Landlord’s failure to furnish the Statement of Actual Operating Expenses for any Fiscal Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunder. Even if the Lease Term is expired and Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder an Excess exists when final determination is made of Tenant’s Share of the Operating Expenses for the Fiscal Year in which the Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under this subsection subparagraph (bc). Provisions of this subsection subparagraph (bc) shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available following the end of each Fiscal Year, but in no event later than June November 1, a statement (the “"Statement of Actual Operating Expenses”") stating the Building Allocated Operating Expenses incurred or accrued for that preceding Fiscal Year and indicating the amount, if any, of any Additional Rent Excess due to Landlord or overpayment by Tenant. Landlord’s 's Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Building Allocated Operating Expenses for the applicable Fiscal Year, a statement as to any Building Allocated Operating Expense which is not final and the amount of Tenant’s 's obligations hereunder and application of Tenant’s 's estimated payments. Except for Building Allocated Operating Expense items identified by Landlord as not being final or adjustments to Building Allocated Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June November 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On receipt of the Statement of Actual Operating Expenses for each Fiscal YearYear for which an Excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Additional RentExcess, less the estimated amounts (if any) paid during the Fiscal Year pursuant to an Estimate Statement (as defined in subsection subparagraph 5.3.2(b) above). In the event there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Fiscal Year, the amount of overpayment shall be credited against payments of Additional Rent as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term of this Lease, such overpayment shall be promptly refunded to Tenant. Landlord’s 's failure to furnish the Statement of Actual Operating Expenses for any Fiscal Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunder. Even if the Lease Term is expired and Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder an Excess exists when final determination is made of Tenant’s 's Share of the Building Allocated Operating Expenses for the Fiscal Year in which the Lease terminates, Tenant shall immediately promptly pay to Landlord the amount calculated under this subsection subparagraph (bc). Provisions of this subsection subparagraph (bc) shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available following the end of each Fiscal Expense Year which occurs after the Base Year, but in no event later than June 1, a statement (the “Statement of Actual Operating Expenses”) stating the actual Building Allocated Operating Expenses incurred or accrued for that the preceding Fiscal Expense Year and indicating the amount, if any, of any Additional Rent underpayment due to Landlord or overpayment thereof by TenantTenant based upon the amount of the estimated Excess previously paid by Tenant pursuant to Section 5.3.2(a) above for such preceding Expense Year. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Building Allocated Operating Expenses for the applicable Fiscal Expense Year, a statement as to any Building Allocated Operating Expense which is not final and the amount of Tenant’s obligations hereunder and application of Tenant’s estimated payments. Except for Operating Expense items identified by Landlord as not being final or adjustments to Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On receipt of the Statement of Actual Operating Expenses for each Fiscal YearExpense Year for which an Excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Additional RentExcess, less the estimated amounts (if any) paid during the Fiscal Expense Year pursuant to an Estimate Statement (as defined in subsection 5.3.2(b) above)Statement. In the event If there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Fiscal Expense Year, the amount of overpayment shall be credited against subsequent payments of Additional Rent Excess as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term Term of this Leasethe Lease that there is an underpayment or overpayment of Excess by Tenant for the last Expense Year, such underpayment or overpayment (as applicable) shall be promptly refunded to TenantTenant or paid by Tenant to Landlord (as the case may be) within thirty (30) days after Landlord’s delivery of the Statement of Actual Operating Expenses for such last Expense Year. Landlord’s failure to furnish the Statement of Actual Operating Expenses for any Fiscal Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunder. Even if the Lease Term is expired and ; provided, however, Landlord’s failure to provide Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder when final determination is made with a Statement of Tenant’s Share of the Actual Operating Expenses for any Expense Year within two (2) years after the Fiscal end of such Expense Year in question, shall constitute a waiver of Landlord’s right to collect any additional Excess which would have been payable for such Expense Year had such Statement of Actual Operating Expenses been delivered within such 2-year period; provided further, however, that such limitation on Landlord’s ability to collect any Excess as a result of any late delivery of such Statement of Actual Operating Expenses shall not preclude Landlord from modifying any Statement of Actual Operating Expenses once such Statement of Actual Operating Expenses is timely delivered, as provided hereinabove, to reflect any errors in such Statement of Actual Operating Expenses and/or 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 Lease terminatesapplicable taxing authority), so long as Landlord delivers such revised Statement of Actual Operating Expenses to Tenant shall immediately pay to within two (2) years after Landlord the amount calculated under this subsection (b)becomes aware of such errors or receives such new information. Provisions The provisions of this subsection (bSection 5.3.2(c) shall survive the expiration or earlier termination of the Lease TermTerm of this Lease.

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available within eight (8) months following the end of each Fiscal Year, but in no event later than June 1, Year a statement (the “Statement AStatement of Actual Operating Expenses”Expenses@) stating the Operating Expenses incurred or accrued for that preceding Fiscal Year and indicating the amount, if any, of any Additional Rent Excess due to Landlord or overpayment by Tenant. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Operating Expenses for the applicable Fiscal Year, a statement as to any Operating Expense which is not final and the amount of Tenant’s obligations hereunder and application of Tenant’s estimated payments. Except for Operating Expense items identified by Landlord as not being final or adjustments to Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On receipt of the Statement of Actual Operating Expenses for each Fiscal YearYear for which an Excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Additional RentExcess, less the estimated amounts (if any) paid during the Fiscal Year pursuant to an Estimate Statement (as defined in subsection subparagraph 5.3.2(b) above). In the event there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Fiscal Year, the amount of overpayment shall be credited against payments of Additional Rent as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term of this Lease, such overpayment shall be promptly refunded to Tenant. Landlord’s =s failure to furnish the Statement of Actual Operating Expenses for any Fiscal Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunder. Even if the Lease Term is expired and Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder an Excess exists when final determination is made of Tenant’s =s Share of the Operating Expenses for the Fiscal Year in which the Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under this subsection subparagraph (bc). Provisions of this subsection subparagraph (bc) shall survive the expiration or earlier termination of the Lease Term. shall mean all costs and expenses which Landlord pays or accrues by virtue of the ownership, use, management, leasing, maintenance, service, operation, insurance or condition of the Land and all improvements thereon, including, without limitation, the Building and Parking Facility, during a particular Fiscal Year or portion thereof as determined by Landlord or its accountant in accordance with generally accepted accounting principles.

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available available, but not later than six (6) months following the end of each Fiscal Year, but in no event later than June 1, a statement (the “Statement of Actual Operating Expenses”) stating the Operating Expenses incurred or accrued for that preceding Fiscal Year and indicating the amount, if any, of any Additional Rent excess due to Landlord or overpayment by Tenant. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Operating Expenses for the applicable Fiscal Year, a statement as to any Operating Expense which is not final and the amount of Tenant’s obligations hereunder and application of Tenant’s estimated payments. Except for Operating Expense items identified by Landlord as not being final or adjustments to Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On receipt of the Statement of Actual Operating Expenses for each Fiscal YearYear for which an excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Additional Rentexcess, less the estimated amounts (if any) paid during the Fiscal Year pursuant to an Estimate Statement (as defined in subsection subparagraph 5.3.2(b) above). In the event there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Fiscal Year, the amount of overpayment shall be credited against payments of Additional Rent as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term of this Lease, such overpayment shall be promptly refunded to Tenant. Landlord’s failure to furnish the Statement of Actual Operating Expenses for any Fiscal Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunder. Even if the Lease Term is expired and Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder an excess exists when final determination is made of Tenant’s Share of the Operating Expenses for the Fiscal Year in which the Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under this subsection (bsubparagraph 5.3.2(c). Provisions The provisions of this subsection (bsubparagraph 5.3.2(c) shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available following the end of each Fiscal Year, but in no event later than June 130, a statement (the “"Statement of Actual Operating Expenses”") stating the Operating Expenses incurred or accrued for that preceding Fiscal Year and indicating the amount, if any, of any Additional Rent Excess due to Landlord or overpayment by Tenant. Landlord’s 's Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Operating Expenses for the applicable Fiscal Year, a statement as to any Operating Expense which is not final and the amount of Tenant’s 's obligations hereunder and application of Tenant’s 's estimated payments. Except for Operating Expense items identified by Landlord as not being final or adjustments to Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June November 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On receipt of the Statement of Actual Operating Expenses for each Fiscal YearYear for which an Excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Additional RentExcess, less the estimated amounts (if any) paid during the Fiscal Year pursuant to an Estimate Statement (as defined in subsection subparagraph 5.3.2(b) above). In the event there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Fiscal Year, the amount of overpayment shall be credited against payments of Additional Rent as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term of this Lease, such overpayment shall be promptly refunded to Tenant. Landlord’s 's failure to furnish the Statement of Actual Operating Expenses for any Fiscal Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunder. Even if the Lease Term is expired and Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder an Excess exists when final determination is made of Tenant’s 's Share of the Operating Expenses for the Fiscal Year in which the Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under this subsection subparagraph (bc). Provisions of this subsection subparagraph (bc) shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available following the end of each Fiscal Expense Year which occurs after the Base Year, but in no event later than June 1, a statement (the “Statement of Actual Operating Expenses”) stating the actual Building Allocated Operating Expenses incurred or accrued for that the preceding Fiscal Expense Year and indicating the amount, if any, of any Additional Rent underpayment due to Landlord or overpayment thereof by TenantTenant based upon the amount of the estimated Excess previously paid by Tenant pursuant to Section 5.3.2(a) above for such preceding Expense Year. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Building Allocated Operating Expenses for the applicable Fiscal Expense Year, a statement as to any Building Allocated Operating Expense which is not final and the amount of Tenant’s obligations hereunder and application of Tenant’s estimated payments. Except for Operating Expense items identified by Landlord as not being final or adjustments to Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On receipt of the Statement of Actual Operating Expenses for each Fiscal YearExpense Year for which an Excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Additional RentExcess, less the estimated amounts (if any) paid during the Fiscal Expense Year pursuant to an Estimate Statement (as defined in subsection 5.3.2(b) above)Statement. In the event If there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Fiscal Expense Year, the amount of overpayment shall be credited against payments of Additional Rent as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term of this Lease, such overpayment shall be promptly refunded to Tenant. Landlord’s failure to furnish the Statement of Actual Operating Expenses for any Fiscal Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunder. Even if the Lease Term is expired and Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder when final determination is made of Tenant’s Share of the Operating Expenses for the Fiscal Year in which the Lease terminates, Tenant shall immediately pay to Landlord the amount calculated under this subsection (b). Provisions of this subsection (b) shall survive the expiration or earlier termination of the Lease Term.subsequent

Statement of Actual Operating Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant as soon as available on or before the first day of April following the end of each Fiscal Year, but in no event later than June 1Expense Year or as soon thereafter as is practicable, a statement (the “Statement of Actual Operating ExpensesStatement”) stating which shall state the Operating Expenses incurred or accrued for that such preceding Fiscal Year Expense Year, and indicating which shall indicate the amount, if any, of any Additional Rent due to Landlord or overpayment Excess. The Statement shall be certified by Tenantan officer of Landlord. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Operating Expenses for the applicable Fiscal Year, a statement as to any Operating Expense which is not final and the amount of Tenant’s obligations hereunder and application of Tenant’s estimated payments. Except for Operating Expense items identified by Landlord as not being final or adjustments to Operating Expense items not reasonably foreseeable by Landlord, no adjustment will be made by Landlord to the Statement of Actual Operating Expenses for any Fiscal Year subsequent to June 1 following the end of the Fiscal Year to which the Statement of Actual Operating Expenses relates. On Upon receipt of the Statement of Actual Operating Expenses for each Fiscal YearExpense Year ending during the Lease Term, if an Excess is present, Tenant shall pay, with its next installment pay within thirty (30) days after delivery of Base Rent duethe Statement), the full amount of the Additional RentExcess for such Expense Year, less the estimated amounts (amounts, if any) , paid during the Fiscal such Expense Year pursuant to an Estimate Statement (as “Estimated Excess”, as that term is defined in subsection 5.3.2(b) aboveSection 4.3.3, below. If the amount of Tenant’s Share of Operating Expenses is less than the amount paid by Tenant as Estimated Excess during the applicable Expense Year (an “Overpayment”). In , Landlord shall either promptly refund the event there is an overpayment amount of the Overpayment to Tenant or credit such Overpayment in full against Tenant’s payment of Additional Rent set forth on a Statement next coming due hereunder. The failure of Actual Operating Expenses for any Fiscal Year, the amount of overpayment shall be credited against payments of Additional Rent as they become due. If it is determined that there is an overpayment of Additional Rent by Tenant for any fiscal year after the expiration of the term of this Lease, such overpayment shall be promptly refunded Landlord to Tenant. Landlord’s failure to timely furnish the Statement of Actual Operating Expenses for any Fiscal Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights hereunderunder this Article 4. Even if though the Lease Term is has expired and Tenant has vacated the Premises, if Tenant owes Additional Rent hereunder when the final determination is made of Tenant’s Share of the Operating Expenses for the Fiscal Expense Year in which the this Lease terminates, (i) if an Excess is present, Tenant shall immediately within thirty (30) days after delivery of the Statement pay to Landlord an amount as calculated pursuant to the provisions of Section 4.3 of this Lease, or (ii) if an Overpayment is present, Landlord shall within thirty (30) days after delivery of the Statement pay to Tenant the amount calculated under this subsection (b)of the Overpayment. Provisions The provisions of this subsection (b) Section 4.3.2 shall survive the expiration or earlier termination of the Lease Term.