Common use of Statement of Estimated Operating Expenses Clause in Contracts

Statement of Estimated Operating Expenses. In addition, Landlord shall endeavor to deliver Tenant within one hundred twenty (120) days following the end of each Expense Year a yearly expense estimate statement (the “Estimate Statement”) which shall set forth Landlord’s reasonable estimate (the “Estimate”), based on actual Operating Expenses for the preceding Expense Year, of what the total amount of Operating Expenses for the then-current Expense Year shall be and the estimated excess (the “Estimated Excess”) as calculated by comparing the Operating Expenses for such Expense Year, which shall be based upon the Estimate, to the amount of Operating Expenses for the 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 under this Exhibit B, nor shall Landlord be prohibited from revising any Estimate Statement or Estimated Excess theretofore delivered to the extent necessary (but not more than twice in any calendar year). Thereafter, Tenant shall pay, within thirty (30) days after its receipt of the Estimate Statement, a fraction of the Estimated Excess for the then-current Expense Year (reduced by any amounts paid pursuant to the next to last sentence of this Section 4). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliver to Tenant at any time, but not more than twice in any calendar year), Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Excess set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Statement of Estimated Operating Expenses. In addition, Landlord shall endeavor to deliver give Tenant within one hundred twenty (120) days following prior to the end start of each Expense Year a yearly expense estimate statement (the “"Estimate Statement”") which shall set forth Landlord’s 's reasonable estimate (the “"Estimate”), based on actual Operating Expenses for the preceding Expense Year, ") of what the total amount of Operating Expenses for the then-current such Expense Year shall be and the estimated excess Excess (the “"Estimated Excess”") as calculated by comparing the Tenant's Share of Operating Expenses for such Expense YearExpenses, which shall be based upon the Estimate, to the amount Tenant's Share of Operating Expenses for the 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 under this Exhibit B, nor shall Landlord be prohibited from revising any Article 6. If pursuant to the Estimate Statement or an Estimated Excess theretofore delivered to is calculated for the extent necessary (but not more than twice in any calendar year). Thereafterthen-current Expense Year, Tenant shall pay, within thirty (30) days after with its receipt next installment of the Estimate StatementBase Rent due, a fraction of the Estimated Excess for the then-current Expense Year (reduced by any amounts paid pursuant to the next to last sentence of this Section 46.3.3). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including 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 (which Landlord shall have the right to deliver to Tenant at any time, but not more than twice in any calendar year)furnished, Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Excess set forth in the previous Estimate Statement delivered by Landlord to TenantLandlord.

Statement of Estimated Operating Expenses. In addition, Landlord shall endeavor to deliver give Tenant within one hundred twenty (120) days following the end of each Expense Year a yearly expense estimate statement (the “"Estimate Statement”") which shall set forth Landlord’s 's reasonable estimate (the “"Estimate”), based on actual Operating Expenses for the preceding Expense Year, ") of what the total amount of Operating Expenses for the then-current Expense Year shall be and the estimated excess Excess (the “"Estimated Excess”") as calculated by comparing the Tenant's Share of Operating Expenses for such Expense YearExpenses, which shall be based upon the Estimate, to the amount Tenant's Share of Operating Expenses for the 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 under this Exhibit B, nor shall Landlord be prohibited from revising any Article 6. If pursuant to the Estimate Statement or an Estimated Excess theretofore delivered to is calculated for the extent necessary (but not more than twice in any calendar year). Thereafterthen-current Expense Year, Tenant shall pay, within thirty (30) days after with its receipt next installment of the Estimate StatementBase Rent due, a fraction of the Estimated Excess for the then-current Expense Year (reduced by any amounts paid pursuant to the next to last sentence of this Section 46.3.3). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including 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 (which Landlord shall have the right to deliver to Tenant at any time, but not more than twice in any calendar year)furnished, Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Excess set forth in the previous Estimate Statement delivered by Landlord to Tenant.