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

Statement of Actual Project Expenses and Payment by Tenant. Landlord shall give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the "Statement") which Statement shall be itemized on a line-item by line-item basis and shall state the Project Expenses incurred or accrued for such preceding Expense Year and the amount thereof allocated to the tenants of the Building, and which shall indicate the amount, if any, of Tenant's Share of Project Expenses in excess of Tenant's Share of Project Expenses for the Base Year. Upon receipt of the Statement for each Expense Year ending during the Lease Term, Tenant shall pay, upon the later to occur of its next installment of Base Rent due or within thirty (30) days after receipt of the Statement, the full amount of Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year, less the amounts, if any, paid during such Expense Year as "Estimated Additional Rent," as that term is defined in Section 4.4.3 below. If the amount of Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year is less than the amount paid by Tenant as Estimated Additional Rent during the applicable period of the Expense Year (but not including any period of the Expense Year which occurs after the Lease has terminated), Landlord shall pay the difference to Tenant together with the applicable Statement, even if the Lease has terminated or expired. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant 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 Project Expenses allocated to the tenants of the Building for the Expense Year in which this Lease terminates, if Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year, then Tenant shall within thirty (30) days of receipt of a Statement setting forth the amount by which Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year pay to Landlord an amount as calculated pursuant to the provisions of Section 4.4.1 of this Lease, less any amounts owed from Landlord to Tenant, provided, however, that Tenant shall not be liable for any Project Expenses, whenever occurring, unless Tenant is billed for same within two (2) years following the expiration or earlier termination of this Lease. The provisions of this Section 4.4.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 2 contracts

Samples: Office Lease and Consent to Sublease Agreement (Specialty Laboratories), Lease (Specialty Laboratories)

AutoNDA by SimpleDocs

Statement of Actual Project Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the "Statement") which Statement shall be itemized on a line-item by line-item basis and shall state the Project Expenses incurred or accrued for such preceding Expense Year and the amount thereof allocated to the tenants of the Building, and which shall indicate the amount, if any, of Tenant's Share of Project Expenses in excess of Tenant's Share of Project Expenses for the Base Year. Upon receipt of the Statement for each Expense Year ending during the Lease Term, Tenant shall pay, upon the later to occur of with its next installment of Base Rent due or within thirty (30) days after receipt of the Statementdue, the full amount of Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year, less the amounts, if any, paid during such Expense Year as "Estimated Additional Rent," as that term is defined in Section 4.4.3 4.4.3, below. If the amount of Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year is less than the amount paid by Tenant as Estimated Additional Rent during the applicable period of the Expense Year (but not including any period of the Expense Year which occurs after the Lease has terminated), Landlord shall pay the difference to Tenant together with the applicable Statement, even if the Lease has terminated or expired. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant 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 Project Expenses allocated to the tenants of the Building for the Expense Year in which this Lease terminates, if Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year, then Tenant shall within thirty (30) days of receipt of a Statement setting forth the amount by which Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year immediately pay to Landlord an amount as calculated pursuant to the provisions of Section 4.4.1 of this Lease, less any amounts owed from Landlord to Tenant, provided, however, that Tenant shall not be liable for any Project Expenses, whenever occurring, unless Tenant is billed for same within two (2) years following the expiration or earlier termination of this Lease. The provisions of this Section 4.4.2 shall survive the expiration or earlier termination of the Lease Term.4.4.1

Appears in 2 contracts

Samples: Office Lease (Entravision Communications Corp), Office Lease (Entravision Communications Corp)

Statement of Actual Project Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the "Statement") which Statement shall be itemized on a line-item by line-item basis and shall state the Project Expenses incurred or accrued for such preceding Expense Year and the amount thereof allocated to the tenants of the Building, and which shall indicate the amount, if any, of Tenant's Share of Project Expenses in excess of Tenant's Share of Project Expenses for the Base Year. Upon receipt of the Statement for each Expense Year ending during the Lease Term, Tenant shall pay, upon the later to occur of with its next installment of Base Rent due or within thirty (30) days after receipt of the Statementdue, the full amount of Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year, less the amounts, if any, paid during such Expense Year as "Estimated Additional Rent," as that term is defined in Section 4.4.3 below4.4.3. If the amount of Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year is less than the amount paid by Tenant as Estimated Additional Rent during the applicable period of the Expense Year (but not including any period of the Expense Year which occurs after the Lease has terminated), Landlord shall pay the difference to Tenant together with the applicable Statement, even if the Lease has terminated or expired. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant 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 Project Expenses allocated to the tenants of the Building for the Expense Year in which this Lease terminates, if Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year, then Tenant shall within thirty (30) days of receipt of a Statement setting forth the amount by which Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year immediately pay to Landlord an amount as calculated pursuant to the provisions of Section 4.4.1 of this Lease, less any amounts owed from Landlord to Tenant, provided, however, that Tenant shall not be liable for any Project Expenses, whenever occurring, unless Tenant is billed for same within two (2) years following the expiration or earlier termination of this Lease4.4.1. The provisions of this Section 4.4.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Specialty Laboratories Inc

Statement of Actual Project Expenses and Payment by Tenant. Landlord shall give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the "Statement") which Statement shall be itemized on a line-item by line-item basis and shall state the Project Expenses incurred or accrued for such preceding Expense Year and the amount thereof allocated to the tenants of the Building, and which shall indicate the amount, if any, of Tenant's ’s Share of Project Expenses in excess of Tenant's ’s Share of Project Expenses for the Base Year. Upon receipt of the Statement for each Expense Year ending during the Lease Term, Tenant shall pay, upon the later to occur of with its next installment of Base Rent due or within that is at least thirty (30) days after receipt Landlord’s delivery of the Statement, the full amount of Tenant's ’s Share of Project Expenses for such Expense Year in excess of Tenant's ’s Share of Project Expenses for the Base Year, less the amounts, if any, paid during such Expense Year as "Estimated Additional Rent," as that term is defined in Section 4.4.3 below4.4.3. If the amount of Tenant's ’s Share of Project Expenses for such Expense Year in excess of Tenant's ’s Share of Project Expenses for the Base Year is less than the amount paid by Tenant as Estimated Additional Rent during the applicable period of the Expense Year (but not including any period of the Expense Year which occurs after the Lease has terminated), Landlord shall pay the difference to Tenant together with the applicable Statement, even if the Lease has terminated or expired. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4; provided, however, that, notwithstanding THE WATER GARDEN Cornerstone OnDemand, Inc. anything to the contrary in this Lease, Tenant shall not be obligated to pay for any Project Expenses incurred in a particular Expense Year submitted to Tenant for payment thereof after the end of the thirty-sixth (36th) calendar month following such Expense Year. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant's ’s Share of Project Expenses allocated to the tenants of the Building for the Expense Year in which this Lease terminates, if Tenant's ’s Share of Project Expenses for such Expense Year is in excess of Tenant's ’s Share of Project Expenses for the Base Year, then Tenant shall within thirty (30) days of receipt of a Statement setting forth the amount by which Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year billing pay to Landlord an amount as calculated pursuant to the provisions of Section 4.4.1 of this Lease, less any amounts owed from Landlord to Tenant, provided, however, that Tenant shall not be liable for any Project Expenses, whenever occurring, unless Tenant is billed for same within two (2) years following the expiration or earlier termination of this Lease4.4.1. The provisions of this Section 4.4.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Rooftop Area License Agreement (Cornerstone OnDemand Inc)

AutoNDA by SimpleDocs

Statement of Actual Project Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the "Statement") which Statement shall be itemized on a line-item by line-item basis and shall state the Project Expenses incurred or accrued for such preceding Expense Year and the amount thereof allocated to the tenants of the Building, and which shall indicate the amount, if any, of Tenant's Share of Project Expenses in excess of Tenant's Share of Project Expenses for the Base Year. Upon receipt of the Statement for each Expense Year ending during the Lease Term, Tenant shall pay, upon the later to occur of with its next installment Installment of Base Rent due or within thirty (30) days after receipt of the Statementdue, the full amount of Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year, less the amounts, if any, paid during such Expense Year as "Estimated Additional Rent," as that term is defined in Section 4.4.3 4.4.3, below. If the amount of Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year is less than the amount paid by Tenant as Estimated Additional Rent during the applicable period of the Expense Year (but not including any period of the Expense Year which occurs after the Lease has terminated), Landlord shall pay the difference to Tenant together with the applicable Statement, even if the Lease has terminated or expired. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant 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 Project Expenses allocated to the tenants of the Building for the Expense Year in which this Lease terminates, if Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year, then Tenant shall within thirty (30) days of receipt of a Statement setting forth the amount by which Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year immediately pay to Landlord an amount as calculated pursuant to the provisions of Section 4.4.1 of this Lease, less any amounts owed from Landlord to Tenant, provided, however, that Tenant shall not be liable for any Project Expenses, whenever occurring, unless Tenant is billed for same within two (2) years following the expiration or earlier termination of this Lease. The provisions of this Section 4.4.2 shall survive the expiration or earlier termination of the Lease Term.4.4.1

Appears in 1 contract

Samples: Office Lease (Capital Growth Holdings LTD /De/)

Statement of Actual Project Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the "Statement") which Statement shall be itemized on a line-item by line-item basis and shall state the Project Expenses incurred or accrued for such preceding Expense Year and the amount thereof allocated to the tenants of the BuildingYear, and which shall indicate the amount, if any, amount of Tenant's Share of Project Expenses in excess of Tenant's Share of Project Expenses for the Base YearExcess. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, if an Excess is present, Tenant shall pay, upon the later to occur of with its next installment of Base Rent due or within thirty (30) days after receipt due, the fill’ amount of the Statement, the full amount of Tenant's Share of Project Expenses Excess for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year, less the amounts, if any, paid during such Expense Year as "Estimated Additional RentExcess," as that term is defined in Section 4.4.3 5.4(b), below. If , and if Tenant paid more as Estimated Excess than the actual Excess, Tenant shall receive a credit in the amount of Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year is less than the amount paid by Tenant as Estimated Additional ’s overpayment against Rent during the applicable period of the Expense Year (but not including any period of the Expense Year which occurs after the Lease has terminated), Landlord shall pay the difference to Tenant together with the applicable Statement, even if the Lease has terminated or expirednext due under this Lease. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 45. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant's ’s Share of Project Expenses allocated to the tenants of the Building for the Expense Year in which this Lease terminates, if Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Yearan Excess if present, then Tenant shall immediately pay to Landlord such amount, and if Tenant paid more as Estimated Excess than the actual Excess, Landlord shall, within thirty (30) days of receipt of days, deliver a Statement setting forth check payable to Tenant in the amount by which Tenant's Share of Project Expenses for such Expense Year is in excess of Tenant's Share of Project Expenses for the Base Year pay to Landlord an amount as calculated pursuant to the provisions of Section 4.4.1 of this Lease, less any amounts owed from Landlord to Tenant, provided, however, that Tenant shall not be liable for any Project Expenses, whenever occurring, unless Tenant is billed for same within two (2) years following the expiration or earlier termination of this Leaseoverpayment. The provisions of this Section 4.4.2 5.4(a) shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (TrueCar, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!