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 Expense Year which occurs after the Base Year, a statement (the “Statement of Actual Operating Expenses”) stating the actual Building Allocated Operating Expenses incurred or accrued for the preceding Expense Year and indicating the amount, if any, of any underpayment due to Landlord or overpayment thereof by Tenant 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 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. On receipt of the Statement of Actual Operating Expenses for each Expense Year for which an Excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excess, less the estimated amounts (if any) paid during the Expense Year pursuant to an Estimate Statement. If there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Expense Year, the amount of overpayment shall be credited against 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 Expense Year which occurs after the Base Yearor as soon thereafter as is practicable, a statement (the “Statement of Actual Operating ExpensesStatement”) stating which shall state the actual Building Allocated Operating Expenses incurred or accrued for the such preceding Expense Year Year, and indicating which shall indicate the amount, if any, of any underpayment due to Landlord or overpayment thereof Excess. The Statement shall be certified by Tenant based upon the amount an officer of the estimated Excess previously paid by Tenant pursuant to Section 5.3.2(a) above for such preceding Expense YearLandlord. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Building Allocated Operating Expenses for the applicable 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. On Upon receipt of the Statement of Actual Operating Expenses for each Expense Year for which ending during the Lease Term, if an Excess existsis 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 ExcessExcess for such Expense Year, less the estimated amounts (amounts, if any) , paid during such Expense Year as “Estimated Excess”, as that term is defined in Section 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”), Landlord shall either promptly refund the amount of the Overpayment to Tenant or credit such Overpayment in full against Tenant’s payment of Additional Rent next coming due hereunder. 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 for the Expense Year in which this Lease terminates, (i) if an Excess is present, Tenant shall 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 Estimate Statement. If there Overpayment is an overpayment present, Landlord shall within thirty (30) days after delivery of Additional Rent set forth on a the Statement of Actual Operating Expenses for any Expense Year, pay to Tenant the amount of overpayment the Overpayment. The provisions of this Section 4.3.2 shall be credited against subsequentsurvive 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 available, but not later than six (6) months following the end of each Expense Year which occurs after the Base Fiscal Year, a statement (the “Statement of Actual Operating Expenses”) stating the actual Building Allocated Operating Expenses incurred or accrued for the that preceding Expense Fiscal Year and indicating the amount, if any, of any underpayment excess due to Landlord or overpayment thereof by Tenant 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 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. On receipt of the Statement of Actual Operating Expenses for each Expense Fiscal Year for which an Excess excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excessexcess, less the estimated amounts (if any) paid during the Expense Fiscal Year pursuant to an Estimate StatementStatement (as defined in subparagraph 5.3.2(b) above). If In the event there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Expense Fiscal Year, the amount of overpayment shall be credited against subsequentpayments of Additional Rent as they become due. 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 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 subparagraph 5.3.2(c). The provisions of this subparagraph 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 on or before the first day of April following the end of each Expense Year which occurs after the Base Year, a statement (the “Statement of Actual Operating Expenses”"Statement") stating which shall state the actual Building Allocated Operating Expenses incurred or accrued for the such preceding Expense Year Year, and indicating which shall indicate the amount, if any, of any underpayment due to Landlord or overpayment thereof by Tenant based upon the amount of the estimated Excess previously paid by Tenant pursuant to Section 5.3.2(a) above for such preceding Expense YearExcess. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Building Allocated Operating Expenses for the applicable 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. On Upon receipt of the Statement of Actual Operating Expenses for each Expense Year for which ending during the Lease Term, if an Excess existsis present, Tenant shall pay, with its next installment within twenty (20) days after receipt of Base Rent duesaid Statement, the full amount of the ExcessExcess for such Expense Year, less the estimated amounts (amounts, if any) , paid during the such Expense Year pursuant to an Estimate Statementas Estimated Excess (as defined in Section 6.3.3 below). If there is an overpayment any Statement reflects that Tenant has overpaid Tenant's Share of Additional Rent set forth on a Statement of Actual Operating Expenses for any such Expense Year, Landlord shall remit to Tenant, within twenty (20) days after delivery of such applicable Statement, the amount of overpayment the overpayment. The failure of Landlord to timely furnish the Statement for any Expense Year shall be credited against subsequentnot prejudice Landlord from enforcing its rights under this Article 6. Even though the Lease Term has expired and Tenant has vacated the Leased Premises, when the final determination is made of Tenant's Share of the Operating 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 6.3.1

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 Expense Fiscal Year which occurs after the Base Year, a statement (the “Statement of Actual Operating Expenses”) stating the actual Building Allocated Operating Expenses incurred or accrued for the that preceding Expense Fiscal Year and indicating the amount, if any, of any underpayment Excess due to Landlord or overpayment thereof by Tenant based upon the amount of the estimated Excess previously paid by Tenant pursuant to Section 5.3.2(a) above for such preceding Expense YearTenant. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Building Allocated Operating Expenses for the applicable Expense Fiscal 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. On receipt of the Statement of Actual Operating Expenses for each Expense Fiscal Year for which an Excess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excess, less the estimated amounts (if any) paid during the Expense Fiscal Year pursuant to an Estimate StatementStatement (as defined in subparagraph 5.3.2(b) above). If In the event there is an overpayment of Additional Rent set forth on a Statement of Actual Operating Expenses for any Expense Fiscal Year, the amount of overpayment shall be credited against subsequentpayments of Additional Rent as they become due. 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 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 subparagraph (c). Provisions of this subparagraph (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 on or before the first (1st) day of April following the end of each Expense Year which occurs after the Base Year, a statement (the “Statement of Actual Operating Expenses”"Statement") stating which shall state the actual Building Allocated Operating Expenses incurred or accrued for the such preceding Expense Year Year, and indicating which shall indicate the amount, if any, of any underpayment due to Landlord or overpayment thereof by Tenant based upon the amount of the estimated Excess previously paid by Tenant pursuant to Section 5.3.2(a) above for such preceding Expense YearExcess. Landlord’s Statement of Actual Operating Expenses will show in reasonable detail the amount and computation of Building Allocated Operating Expenses for the applicable 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. On Upon receipt of the Statement of Actual Operating Expenses for each Expense Year for which ending during the Lease Term, if an Excess existsis present, Tenant shall pay, with its next installment within twenty (20) days after receipt of Base Rent duesaid Statement, the full amount of the ExcessExcess for such Expense Year, less the estimated amounts (amounts, if any) , paid during such Expense Year as Estimated Excess (as defined in Section 6.3.3 below). If any Statement reflects that Tenant has overpaid Tenant's Share of Operating Expenses for such Expense Year, Landlord shall remit to Tenant with such applicable Statement the amount of the overpayment. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord from enforcing its rights under this Article 6. Even though the Lease Term has expired and Tenant has vacated the Leased Premises, when the final determination is made of Tenant's Share of the Operating 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 an Estimate Statementthe provisions of Section 6.3.1 of this Lease. If there is an overpayment The provisions of Additional Rent set forth on a Statement this Section 6.3.2 shall survive the expiration or earlier termination of Actual Operating Expenses for any Expense Year, the amount of overpayment shall be credited against subsequentLease Term.