Common use of Statement to Tenant Clause in Contracts

Statement to Tenant. Within ninety (90) days, or as soon thereafter as practical, after the end of each calendar year during the Term and after the termination of this Lease (Landlord and Tenant agreeing that the provisions of this Section 2.3.2 shall survive the termination of the Lease), Landlord shall submit a statement to Tenant showing the actual Operating Expenses Rental and the actual Real Estate Tax Rental due from Tenant for such calendar year. If for any calendar year, Tenant's estimated Operating Expense Rental payments exceed the actual Operating Expense Rental due from Tenant, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payment of estimated Operating Expense Rental, or, in the event the Lease has expired or terminated and no default exists under this Lease, Landlord shall pay Tenant the total amount of such excess upon delivery of the reconciliation to Tenant. If for any calendar year, Tenant's estimated Operating Expense Rental payments are less than the actual Operating Expense Rental due from Tenant, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after receipt of the reconciliation from Landlord. If for any calendar year, Tenant's estimated Real Estate Tax Rental payments exceed the actual Real Estate Tax Rental due from Tenant, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payment of estimated Real Estate Tax Rental, or, in the event the Lease has expired or terminated and no default exists under this Lease, Landlord shall pay Tenant the total amount of such excess upon delivery of the reconciliation to Tenant. If for any calendar year, Tenant's estimated Real Estate Tax Rental payments are less than the actual Real Estate Tax Rental due from Tenant, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after receipt of the reconciliation from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expense Rental and Real Estate Tax Rental shall survive the expiration or termination of this Lease. 2.4

Statement to Tenant. Within ninety one hundred fifty (90150) days, or as soon thereafter as practical, after the end of each calendar year during the Term and after the termination of this Lease (Landlord and Tenant agreeing that the provisions of this Section 2.3.2 2.3.3 shall survive the termination of the this Lease), Landlord shall submit provide Tenant a statement to Tenant showing the actual Operating Expenses Rental and the actual Real Estate Tax Rental due from Tenant for such calendar year. If for any said calendar year, as prepared by a certified public accounting firm, and a statement prepared by Landlord comparing Tenant's estimated Operating Expense Forecast Additional Rental payments exceed the actual Operating Expense Rental due from Tenant, then Landlord shall give Tenant a credit in the amount of the overpayment toward with Tenant's next monthly payment of estimated Operating Expense Additional Rental, or, in the event the Lease has expired or terminated and no default exists under this Lease. If Tenant's Forecast Additional Rental exceeds Tenant's Additional Rental for said calendar year, Landlord shall pay refund to Tenant the total amount of such excess upon delivery of paid by Tenant within thirty (30) days after providing Tenant the reconciliation to Tenantstatement. If Tenant's Additional Rental exceeds Tenant's Forecast Additional Rental for any said calendar year, Tenant's estimated Operating Expense Rental payments are less than the actual Operating Expense Rental due from Tenant, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after of receipt of the reconciliation from statement an amount equal to such difference. Notwithstanding anything in this Lease to the contrary, Landlord acknowledges and agrees that in no event shall any Operating Expenses be billed or chargeable to Tenant after the date which is three (3) years following the calendar year end in which such Operating Expenses were incurred by Landlord. If for In the event Landlord (or any calendar year, Tenant's estimated Real Estate Tax Rental payments exceed the actual Real Estate Tax Rental due from Tenant, then successor to Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payment of estimated Real Estate Tax Rental, or, in the event the Lease has expired or terminated and no default exists under Building is conveyed to a new owner during the Term of this Lease, Landlord shall pay as the Term may be renewed as provided herein) fails to bill any such Operating Expenses to Tenant within the total amount of such excess upon delivery of the reconciliation to Tenant. If for any calendar yearaforementioned xxxee (3) year period, Tenant's estimated Real Estate Tax Rental payments are less than the actual Real Estate Tax Rental due from Tenant, then Tenant shall have no obligation to pay any such Operating Expenses. For purposes of this Section 2.3.3, third-party expenses shall be deemed to have been incurred by Landlord on the total amount of date that Landlord receives an invoice for such deficiency to Landlord within thirty third-party expense. Additionally, the aforementioned three (303) days after receipt of the reconciliation from Landlord. Landlord's and Tenant's obligations year limitation shall not apply with respect to any overpayment amortization or underpayment depreciation included in Operating Expenses so long as the expense to which the amortization or depreciation charge relates was included on Landlord's statement of Operating Expense Rental and Real Estate Tax Rental shall survive Expenses within the expiration or termination of this Lease. 2.4required three (3) year period.

Statement to Tenant. Within ninety (90) days, or as soon thereafter as practical, after the end of each calendar year during the Term and after the termination of this Lease (Landlord and Tenant agreeing that the provisions of this Section 2.3.2 shall survive the termination of the Lease), Landlord shall submit a statement to Tenant showing the actual Operating Expenses Rental and the actual Real Estate Tax Rental due from Tenant for such calendar year. If for any calendar year, Tenant's estimated Operating Expense Rental payments exceed the actual Operating Expense Rental due from Tenant, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payment of estimated Operating Expense Rental, or, in the event the Lease has expired or terminated and no default exists under this Lease, Landlord shall pay Tenant the total amount of such excess upon delivery of the reconciliation to Tenant. If for any calendar year, Tenant's estimated Operating Expense Rental payments are less than the actual Operating Expense Rental due from Tenant, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after receipt of the reconciliation from Landlord. If for any calendar year, Tenant's estimated Real Estate Tax Rental payments exceed the actual Real Estate Tax Rental due from Tenant, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payment of estimated Real Estate Tax Rental, or, in the event the Lease has expired or terminated and no default exists under this Lease, Landlord shall pay Tenant the total amount of such excess upon delivery of the reconciliation to Tenant. If for any calendar year, Tenant's estimated Real Estate Tax Rental payments are less than the actual Real Estate Tax Rental due from Tenant, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after receipt of the reconciliation from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expense Rental and Real Estate Tax Rental shall survive the expiration or termination of this Lease. 2.4.

Statement to Tenant. Within ninety one hundred fifty (90150) days, or as soon thereafter as practical, after the end of each calendar year during the Term and after the termination of this Lease (Landlord and Tenant agreeing that the provisions of this Section 2.3.2 2.3.3 shall survive the termination of the this Lease), Landlord shall submit provide Tenant a statement to Tenant showing the actual Operating Expenses Rental and the actual Real Estate Tax Rental due from Tenant for such calendar year. If for any said calendar year, as prepared by a certified public accounting firm, and a statement prepared by Landlord comparing Tenant's estimated Operating Expense Forecast Additional Rental payments exceed the actual Operating Expense Rental due from Tenant, then Landlord shall give Tenant a credit in the amount of the overpayment toward with Tenant's next monthly payment of estimated Operating Expense Additional Rental, or, in the event the Lease has expired or terminated and no default exists under this Lease. If Tenant's Forecast Additional rental exceeds Tenant's Additional Rental for said calendar year, Landlord shall pay refund to Tenant the total amount of such excess upon delivery of paid by Tenant within thirty (30) days after providing Tenant the reconciliation to Tenantstatement. If Tenant's Additional Rental exceeds Tenant's Forecast Additional Rental for any said calendar year, Tenant's estimated Operating Expense Rental payments are less than the actual Operating Expense Rental due from Tenant, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after of receipt of the reconciliation from statement an amount equal to such difference. Notwithstanding anything in this Lease to the contrary, Landlord acknowledges and agrees that in no event shall any Operating Expenses be billed or chargeable to Tenant after the date which is three (3) years following the calendar year end in which such Operating Expenses were incurred by Landlord. If for In the event Landlord (or any calendar year, Tenant's estimated Real Estate Tax Rental payments exceed the actual Real Estate Tax Rental due from Tenant, then successor to Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payment of estimated Real Estate Tax Rental, or, in the event the Lease has expired or terminated and no default exists under Building is conveyed to a new owner during the Term of this Lease, Landlord shall pay as the Term may be renewed as provided herein) fails to bill any such Operating Expenses to Tenant within the total amount of such excess upon delivery of the reconciliation to Tenant. If for any calendar yearaforementioned xxxxe (3) year period, Tenant's estimated Real Estate Tax Rental payments are less than the actual Real Estate Tax Rental due from Tenant, then Tenant shall have no obligation to pay any such Operating Expenses. For purposes of this Section 2.3.3, third-party expenses shall be deemed to have been incurred by Landlord on the total amount of date that Landlord receives an invoice for such deficiency to Landlord within thirty third-party expense. Additionally, the aforementioned three (303) days after receipt of the reconciliation from Landlord. Landlord's and Tenant's obligations year limitation shall not apply with respect to any overpayment amortization or underpayment depreciation included in Operating Expenses so long as the expense to which the amortization or depreciation charge relates was included on Landlord's statement of Operating Expense Rental and Real Estate Tax Rental shall survive Expenses within the expiration or termination of this Lease. 2.4required three (3) year period.