Common use of Statement of Estimated Direct Expenses and Utilities Costs Clause in Contracts

Statement of Estimated Direct Expenses and Utilities Costs. In addition, Landlord shall give Tenant a yearly expense estimate statement (the "ESTIMATE STATEMENT") which shall set forth Landlord's reasonable estimate (the "ESTIMATE") of (i) what the total amount of Direct Expenses for the then-current Expense Year shall be and the estimated Excess (the "ESTIMATED EXCESS") as calculated by comparing Tenant's Percentage of Direct Expenses for such then-current Expense Year, which shall be based upon the Estimate, to Tenant's Percentage of Direct Expenses for the Base Year, and (ii) what the total amount of Tenant's Percentage of the Utilities Costs for the then current Expense Year shall be (the "ESTIMATED UTILITIES COSTS"). The Estimate Statement may be revised and reissued by Landlord from time to time. The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Excess or Estimated Utilities Costs under this Section 4.5. Within thirty (30) days after receipt of such Estimate Statement, Tenant shall pay to Landlord an amount equal to (A) a fraction of the Estimated Excess (or the increase in the Estimated Excess if pursuant to a revised Estimate Statement) for the then-current Expense Year (reduced by any amounts paid as Estimated Excess pursuant to the last sentence of this Section 4.5(c), plus (B) a fraction of the Estimated Utilities Costs (or the increase in the Estimated Utilities Costs if pursuant to a revised Estimate Statement) for the then-current Expense Year (reduced by the amounts paid as Estimated Utilities Costs pursuant to the last sentence of this Section 4.5(c)). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to the sum of (x) one-twelfth (1/12) of the total Estimated Excess plus (y) one-twelfth (1/12) of the total Estimated Utilities Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Statement of Estimated Direct Expenses and Utilities Costs. In addition, Landlord shall endeavor to give Tenant a yearly expense estimate statement (the "ESTIMATE STATEMENT"“Estimate Statement”) which shall set forth Landlord's ’s reasonable estimate (the "ESTIMATE"“Estimate” ) of (i) what the total amount of Direct Expenses and Utilities Costs for the then-current Expense Year shall be and the estimated Excess (the "ESTIMATED EXCESS"“Estimated Excess”) as calculated by comparing (i) Tenant's Percentage ’s Share of Direct Expenses for such then-current Expense YearExpenses, which shall be based upon the Estimate, to Tenant's Percentage ’s Share of Direct Expenses for the Expense Base Year, and (ii) what Tenant’s Share of Utilities Costs, which shall be based upon the total amount Estimate, to Tenant’s Share of Tenant's Percentage of the Utilities Costs for the then current Expense Year shall be (the "ESTIMATED UTILITIES COSTS"). The Estimate Statement may be revised and reissued by Landlord from time to timeUtilities Base Year. The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Excess or Estimated Utilities Costs under this Section 4.5Article 4. Within thirty (30) days after receipt of such If pursuant to the Estimate StatementStatement an Estimated Excess is calculated for the then-current Expense Year, Tenant shall pay to Landlord an amount equal to (A) pay, with its next installment of Base Rent due, a fraction of the Estimated Excess (or the increase in the Estimated Excess if pursuant to a revised Estimate Statement) for the then-current Expense Year (reduced by any amounts paid as Estimated Excess pursuant to the last sentence of this Section 4.5(c), plus (B) a fraction of the Estimated Utilities Costs (or the increase in the Estimated Utilities Costs if pursuant to a revised Estimate Statement) for the then-current Expense Year (reduced by the amounts paid as Estimated Utilities Costs pursuant to the last sentence of this Section 4.5(c)4.3.3). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to the sum of (x) one-twelfth (1/12) of the total Estimated Excess plus (y) one-twelfth (1/12) of the total Estimated Utilities Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Statement of Estimated Direct Expenses and Utilities Costs. In addition, Landlord shall give Tenant a yearly expense estimate statement (the "ESTIMATE STATEMENT"“Estimate Statement”) which shall set forth Landlord's ’s reasonable estimate (the "ESTIMATE"“Estimate”) of (i) what the total amount of Direct Expenses for the then-–current Expense Year shall be and the estimated Excess (the "ESTIMATED EXCESS"“Estimated Excess”) as calculated by comparing Tenant's Percentage ’s Share of Direct Expenses for such then-–current Expense Year, which shall be based upon the Estimate, to Tenant's Percentage ’s Share of Direct Expenses for the Base Year, and (ii) what the total amount of Tenant's Percentage ’s Share of the Utilities Costs for the then then–current Expense Year shall be (the "ESTIMATED UTILITIES COSTS"“Estimated Utilities Costs”). The Estimate Statement may be revised and reissued by Landlord from time to time. The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Excess or Estimated Utilities Costs under this Section 4.5Article 4; provided, however, that Landlord agrees to use commercially reasonable efforts to furnish the Estimated Statement by April 30 of the Lease Year. Within thirty (30) days after receipt of such Estimate Statement, Tenant shall pay to Landlord an amount equal to (A) a fraction of the Estimated Excess (or the increase in the Estimated Excess if pursuant to a revised Estimate Statement) for the then-–current Expense Year (reduced by any amounts paid as Estimated Excess pursuant to the last sentence of this Section 4.5(c4.3.3), plus (B) a fraction of the Estimated Utilities Costs (or the increase in the Estimated Utilities Costs if pursuant to a revised Estimate Statement) for the then-–current Expense Year (reduced by the amounts paid as Estimated Utilities Costs pursuant to the last sentence of this Section 4.5(c)4.3.3). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to the sum of (x) one-–twelfth (1/12) of the total Estimated Excess plus (y) one-–twelfth (1/12) of the total Estimated Utilities Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Statement of Estimated Direct Expenses and Utilities Costs. In addition, Landlord shall give Tenant a yearly expense estimate statement (the "ESTIMATE STATEMENT") which shall set forth Landlord's reasonable estimate (the "ESTIMATE") of (i) what the total amount of Direct Expenses for the then-current Expense Year shall be and the estimated Excess Direct Expenses (the "ESTIMATED EXCESSDIRECT EXPENSES") as calculated by comparing Tenant's Percentage of Direct Expenses for such then-current Expense Year, which shall be based upon the Estimate, to Tenant's Percentage of Direct Expenses for the Base Year), and (ii) what the total amount of Tenant's Percentage Share of the Utilities Costs for the then then-current Expense Year shall be (the "ESTIMATED UTILITIES COSTS"). The Estimate Statement may be revised and reissued by Landlord from time to time. The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Excess Direct Expenses or Estimated Utilities Costs under this Section 4.5Article 4. Within thirty (30) days after receipt of such Estimate Statement, Tenant shall pay to Landlord an amount equal to (A) a fraction of the Estimated Excess Direct Expenses (or the increase in the Estimated Excess Direct Expenses if pursuant to a revised Estimate Statement) for the then-current Expense Year (reduced by any amounts paid as Estimated Excess Direct Expenses pursuant to the last sentence of this Section 4.5(c4.3.3), plus (B) a fraction of the Estimated Utilities Costs (or the increase in the Estimated Utilities Costs if pursuant to a revised Estimate Statement) for the then-current Expense Year (reduced by the amounts paid as Estimated Utilities Costs pursuant to the last sentence of -6- CARMEL CORPORATE PLAZA [PDF Solutions, Inc.] this Section 4.5(c)4.3.3). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to the sum of (x) one-twelfth (1/12) of the total Estimated Excess Direct Expenses plus (y) one-twelfth (1/12) of the total Estimated Utilities Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.