Common use of Statement of Estimated Operating Expenses Clause in Contracts

Statement of Estimated Operating Expenses. In addition, Landlord shall endeavor to give Tenant prior to the start of each Expense Year a yearly expense estimate statement (the "Estimate Statement") which shall set forth Landlord's reasonable estimate (the "Estimate") of what the total amount of Operating Expenses for such Expense Year shall be and the estimated Excess (the "Estimated Excess") as calculated by comparing Tenant's Share of Operating Expenses, which shall be based upon the Estimate, to 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 Article 6. If pursuant to the Estimate Statement an Estimated Excess is calculated for the then-current Expense Year, Tenant shall pay, with its next installment of Base Rent due, a fraction of the Estimated Excess for the then-current Expense Year (reduced by any amounts paid pursuant to the last sentence of this Section 6.3.3). 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 one-twelfth (1/12) of the total Estimated Excess set forth in the previous Estimate Statement delivered by Landlord.

Statement of Estimated Operating Expenses. In addition, Landlord shall endeavor to give deliver Tenant prior to within one hundred twenty (120) days following the start 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 such the then-current Expense Year shall be and the estimated Excess excess (the "“Estimated Excess"”) as calculated by comparing Tenant's Share of the Operating ExpensesExpenses for such Expense Year, which shall be based upon the Estimate, to Tenant's Share 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 Article 6. If pursuant Exhibit B, nor shall Landlord be prohibited from revising any Estimate Statement or Estimated Excess theretofore delivered to the Estimate Statement an Estimated Excess is calculated for the then-current Expense Yearextent necessary (but not more than twice in any calendar year). Thereafter, Tenant shall pay, with within thirty (30) days after its next installment receipt of Base Rent duethe 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 6.3.34). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year to Year, including the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnishedfurnished (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 LandlordLandlord to Tenant.

Statement of Estimated Operating Expenses. In additionOn or before November 1 of each calendar year that falls within the Term (and with respect to the partial year commencing on the Rent Commencement Date of this Lease, at least thirty (30) days prior to the Rent Commencement Date), Landlord shall endeavor furnish to give Tenant prior to the start of each Expense Year a yearly expense estimate statement providing: (the "Estimate Statement"a) which shall set forth Landlord's ’s reasonable estimate for such calendar year (the "Estimate"or portion thereof) of what the total amount of Operating Expenses for to be in incurred (“Estimated Operating Expenses”) and Tenant’s Operating Expense Contribution with respect thereto (“Tenant’s Estimated Operating Expense Contribution”); (b) Those Qualified Capital Improvements as to which Landlord reasonably anticipates expending funds during the following calendar year, and in the case of a Qualified Capital Improvement described in Section 1.62(c)(i), Landlord’s reasonable estimate of the annual savings to be obtained by such Expense Year shall be Qualified Capital Improvements and the estimated Excess Qualified Capital Improvement Amortization in respect thereof; (the "Estimated Excess"c) as calculated by comparing Tenant's Share of Operating ExpensesIf Landlord seeks an occupancy-based adjustment pursuant to Section 7.2.4, which such statement shall be based upon the Estimate, to Tenant's Share of (i) itemize those Operating Expenses for that Landlord believes will vary with occupancy and which are subject to such adjustment, and (ii) show the Base Year. The failure calculation of Landlord to timely furnish Landlord’s estimate of such costs at ninety-five percent (95%) occupancy of the Estimate Statement for any Expense Year Building; and (d) If a level of Service based adjustment is appropriate under Section 7.2.5, such statement shall not preclude Landlord from enforcing its rights to collect any Estimated Excess under this Article 6. If pursuant (i) describe those services provided disproportionately to the Estimate Statement an Estimated Excess is calculated for the then-current Expense Year, Tenant shall pay, with its next installment of Base Rent due, a fraction Premises or any other portion of the Estimated Excess for the then-current Expense Year Building, and (reduced by any amounts paid pursuant to the last sentence of this Section 6.3.3). Such fraction shall have as its numerator the number of months ii) itemize those Operating Expenses which have elapsed in such current Expense Year to the month been increased or decreased as a result of such payment, both months inclusive, disproportionate Services 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 one-twelfth (1/12) of the total adjustment in Tenant’s Estimated Excess set forth in the previous Estimate Statement delivered by LandlordOperating Expense Contribution and Tenant’s Operating Expense Contribution resulting therefrom.

Statement of Estimated Operating Expenses. In addition, Landlord shall endeavor to give Tenant prior to the start of each Expense Year a yearly expense estimate statement (the "Estimate Statement") which shall set forth Landlord's reasonable estimate (the "Estimate") of what the total amount of Operating Expenses for such the then-current Expense Year shall be and the estimated Excess (the "Estimated Excess") as calculated by comparing Tenant's Share of Operating Expenses, which shall be based upon the Estimate, to 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 Article 6. If pursuant to the Estimate Statement an Estimated Excess is calculated for the then-current Expense Year, Tenant shall pay, with its next installment of Base Rent due, a fraction of the Estimated Excess for the then-current Expense Year (reduced by any amounts paid pursuant to the last sentence of this Section 6.3.3). 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 one-twelfth (1/12) of the total Estimated Excess set forth in the previous Estimate Statement delivered by LandlordLandlord to Tenant.