Common use of Tenant to Bear Tenant's Share of Operating Expenses Clause in Contracts

Tenant to Bear Tenant's Share of Operating Expenses. Tenant shall pay to Landlord Tenant's Share (as defined in Section 7.2) of Operating Expenses in excess of the Operating Expense Base as follows: Prior to the Commencement Date and thereafter prior to the commencement of each of Landlord's fiscal years during the Term, Landlord shall give Tenant a written estimate of Tenant's Share of Operating Expenses in excess of the Operating Expense Base for the ensuing fiscal year or partial fiscal year, as the case may be. Tenant shall pay, as an item of Additional Rent, such estimated amount in equal monthly installments, in advance, on or before the first (1st) day of each calendar month concurrent with its payment of Monthly Rent. If Landlord has not furnished its written estimate by the time set forth above, Tenant shall pay monthly installments of Operating Expenses in excess of the Operating Expense Base at the rate established for the prior fiscal year, if any; provided that when the new estimate is delivered to Tenant, Tenant shall at the next monthly payment date pay Landlord any accrued deficiency based on the new estimate, or Landlord shall credit any accrued overpayment based on such estimate toward Tenant's next installment payment hereunder. Within a reasonable period of time after the end of each fiscal year (in no event less than one hundred (120) days after the end of each fiscal year unless sooner completed by Landlord) Landlord shall furnish Tenant a statement showing in reasonable detail Tenant's share of the actual Operating Expenses in excess of the Operating Expense Base incurred for the period in question. If Tenant's estimated payments are less than Tenant's Share of actual Operating Expenses in excess of the Operating Expense Base as shown by the applicable statement, Tenant shall pay the difference to Landlord within thirty (30) days thereafter. If Tenant shall have overpaid Landlord, Landlord shall credit such overpayment toward Tenant's next installment payment hereunder. When the final determination is made of Tenant's Share of the actual Operating Expenses in excess of the Operating Expense. Base for the fiscal year in which this Lease terminates, Tenant shall, even if this Lease has terminated, pay to Landlord within fifteen (15) days after notice the excess of Tenant's Share of such actual Operating Expenses in excess of the Operating Expense Base over the estimate of Tenant's Share of such Operating Expenses paid. Conversely, any overpayment shall be rebated by Landlord to Tenant. If Landlord shall determine at any time that the estimate of Tenant's Share of Operating Expenses in excess of the Operating Expense Base for the current fiscal year is or will become inadequate to meet Tenant's Share of all such Operating Expenses for any reason, Landlord shall immediately determine the approximate amount of such inadequacy and issue a supplemental estimate as to Tenant's Share of such Operating Expenses and Tenant shall pay any increase as reflected by such supplemental estimate. Landlord shall keep or cause to be kept separate and complete books of accounting covering all Operating Expenses and showing the method of calculating Tenant's Share of Operating Expenses in excess of the Operating Expense Base, and shall preserve for at least twelve (12) months after the close of each fiscal year all material documents evidencing said Operating Expenses for that fiscal year. Tenant, at its sole cost and expense, through any certified public accountant designated by it, shall have the right, during reasonable business hours and not more frequently than once during any fiscal year, to examine and/or audit the books and documents mentioned above evidencing such costs and expenses for the previous fiscal year. Any delay or failure by Landlord in delivering any estimate or statement pursuant to this Section 7.1 shall not constitute a waiver of its right to require Tenant to pay Tenant's Share of Operating Expenses in excess of the Operating Expense Base pursuant hereto.

Tenant to Bear Tenant's Share of Operating Expenses. Tenant shall pay to Landlord Landlord, as an item of Additional Rent, Tenant's ’s Share (as defined in Section 7.2) of Operating Expenses (i) Project Costs in excess of the Operating Project Costs Expense Base as follows: (“Excess Project Costs”), and (ii) Real Property Taxes in excess of the Tax Expense Base (“Excess Real Property Taxes”). Prior to the Commencement Date and thereafter prior to the commencement of each of Landlord's ’s fiscal years during the Term, Landlord shall give Tenant a written estimate of Tenant's ’s Share of Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes for the ensuing fiscal year or partial fiscal year, as the case may be. Commencing on January 1, 2023 and continuing thereafter throughout the Term, Tenant shall pay, as an item of Additional Rent, such estimated amount in equal monthly installments, in advance, on or before the first (1st) day of each calendar month concurrent with its payment of Monthly Rentmonth. If Landlord has not furnished its written estimate by the time set forth above, Tenant shall pay monthly installments of Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes at the rate established for the prior fiscal year, if any; provided that when the new estimate is delivered to Tenant, Tenant shall at the next monthly payment date pay Landlord any accrued deficiency based on the new estimate, or Landlord shall credit any accrued overpayment based on such estimate toward Tenant's ’s next installment payment hereunder. Within a reasonable period of time after the end of each fiscal year ninety (in no event less than one hundred (12090) days after the end of each fiscal year unless sooner completed by Landlord) year, Landlord shall furnish Tenant a statement (“Annual Statement’’) showing in reasonable detail Tenant's share ’s Share of the actual Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes incurred for the period in question; provided, however, with respect to the fiscal year during which this Lease expires or sooner terminates, rather than wait until after the determination of actual Operating Expenses for such fiscal year to furnish Tenant with an Annual Statement for said fiscal year, Landlord may, at its election, provide Tenant with an Annual Statement for such fiscal year prior to the end of such fiscal year based on estimated (not actual) Operating Expenses for such fiscal year, as determined by Landlord, which Annual Statement shall be subject to further adjustment or reconciliation once actual Operating Expenses are determined for such fiscal year. If Tenant's ’s estimated payments are less than Tenant's ’s Share of actual Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes as shown by the applicable statementAnnual Statement, Tenant shall pay the difference to Landlord within thirty (30) days thereafter. If Tenant shall have overpaid Landlord, Landlord shall credit such overpayment toward Tenant's ’s next installment payment hereunder. When the final determination Annual Statement is made of Tenant's Share of the actual Operating Expenses in excess of the Operating Expense. Base furnished to Tenant for the fiscal year in which this Lease expires or sooner terminates, Tenant shall, even if this Lease has expired or sooner terminated, pay to Landlord within fifteen thirty (1530) days after notice Notice the excess of Tenant's ’s Share of the actual Excess Project Costs and Excess Real Property Taxes set forth in such actual Operating Expenses in excess of the Operating Expense Base Annual Statement over the estimate of Tenant's ’s Share of such Operating Expenses paidExcess Project Costs and Excess Real Property Taxes paid by Tenant. Conversely, any overpayment shall be rebated by Landlord to Tenant within such thirty (30)-day period. If this Lease expires or sooner terminates on a day other than the last day of a fiscal year, Tenant’s Share of Excess Project Costs and Excess Real Property Taxes for such partial fiscal year shall be calculated over the entire twelve-month fiscal year, but shall be prorated on the basis by which the number of days from the commencement of such fiscal year to and including the expiration or sooner termination of this Lease bears to 365. If Landlord shall determine at any time that the estimate of Tenant's ’s Share of Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes for the current fiscal year is or will become inadequate to meet Tenant's ’s Share of all such Operating Expenses for any reason, Landlord shall immediately may, at its election, determine the approximate amount of such inadequacy and issue a supplemental estimate as to Tenant's ’s Share of such Operating Expenses Expenses, and Tenant shall pay any increase as reflected by such supplemental estimate. Landlord shall keep or cause to be kept separate and complete books of accounting covering all Operating Expenses and showing the method of calculating Tenant's ’s Share of Operating Expenses in excess of the Operating Expense BaseExcess Project Costs and Excess Real Property Taxes, and shall preserve for at least twelve two (122) months years after the close of each fiscal year all material documents evidencing said Operating Expenses for that fiscal year. Tenant, at its sole cost and expense, through any certified public accountant designated by it, shall have the right, during reasonable business hours and not more frequently than once during any fiscal year, to examine and/or audit the books and documents mentioned above evidencing such costs and expenses for the previous fiscal year. Any delay or failure by Landlord in delivering any estimate or statement pursuant to this Section 7.1 shall not constitute a waiver of its right to require Tenant to pay Tenant's ’s Share of Excess Project Costs and Excess Real Property Taxes pursuant hereto. If the Building is not 100% occupied during any fiscal year, as determined by Landlord, then Operating Expenses in excess of shall be computed by Landlord for such fiscal year as if the Operating Expense Base pursuant heretoBuilding had been 100% occupied during such fiscal year.

Tenant to Bear Tenant's Share of Operating Expenses. Tenant shall pay to Landlord Tenant's Share (as defined in Section 7.2) of Operating Expenses in excess of the Operating Expense Base as follows: Prior to the Commencement Date and thereafter prior to the commencement of each of Landlord's fiscal years during the Term, Landlord shall give Tenant a written estimate of Tenant's Share of Operating Expenses in excess of the Operating Expense Base for the ensuing fiscal year or partial fiscal year, as the case may be. Tenant shall pay, as an item of Additional Rent, such estimated amount in equal monthly installments, in advance, on or before the first (1st) day of each calendar month concurrent with its payment of Monthly Rent. If Landlord has not furnished its written estimate by the time set forth above, Tenant shall pay monthly installments of Operating Expenses in excess of the Operating Expense Base at the rate established for the prior fiscal year, if any; provided that when the new estimate is delivered to Tenant, Tenant shall at the next monthly payment date pay Landlord any accrued deficiency based on the new estimate, or Landlord shall credit any accrued overpayment based on such estimate toward Tenant's next installment payment hereunder. Within a reasonable period of time after the end of each fiscal year (in no event less than one hundred (120) days after the end of each fiscal year unless sooner completed by Landlord) Landlord shall furnish Tenant a statement showing in reasonable detail Tenant's share Share of the actual Operating Expenses in excess of the Operating Expense Base incurred for the period in question. If Tenant's estimated payments are less than Tenant's Share of actual Operating Expenses incurred for the period in excess question. If Tenant's estimated payments are less than Tenant's Share of the actual Operating Expense Base Expenses as shown by the applicable statement, Tenant shall pay the difference to Landlord within thirty (30) days thereafter. If Tenant shall have overpaid Landlord, Landlord shall credit such overpayment toward Tenant's next installment payment hereunder. When the final determination is made of Tenant's Share of the actual Operating Expenses in excess of the Operating Expense. Base for the fiscal year in which this Lease terminates, Tenant shall, even if this Lease has terminated, pay to Landlord within fifteen (15) days after notice the excess of Tenant's Share of such actual Operating Expenses in excess of the Operating Expense Base over the estimate of Tenant's Share of such Operating Expenses paid. Conversely, any overpayment shall be rebated by Landlord landlord to TenantTenant within fifteen (15) days. If Landlord shall determine at any time that the estimate of Tenant's Share of Operating Expenses in excess of the Operating Expense Base for the current fiscal year is or will become inadequate to meet Tenant's Share of all such Operating Expenses for any reason, Landlord shall immediately determine the approximate amount of such inadequacy and issue a supplemental estimate as to Tenant's Share of such Operating Expenses and Tenant shall pay any increase as reflected by such supplemental estimate. Landlord shall keep or cause to be kept separate and complete books of accounting covering all Operating Expenses and showing the method of calculating Tenant's Share of Operating Expenses in excess of the Operating Expense BaseExpenses, and shall preserve for at least twelve (12) months after the close of each fiscal year all material documents evidencing said Operating Expenses for that fiscal year. Tenant, at its sole cost and expense, through its officers or any certified public accountant designated by it, shall have the right, during reasonable business hours and not more frequently than once during any fiscal year, to examine and/or audit the books and documents mentioned above evidencing such costs and expenses for the previous fiscal year. Any delay or failure by Landlord in delivering any estimate or statement pursuant to this Section 7.1 shall not constitute a waiver of its right to require Tenant to pay Tenant's Share of Operating Expenses in excess of the Operating Expense Base pursuant hereto. See Rider 7.1.

Tenant to Bear Tenant's Share of Operating Expenses. Tenant shall pay to Landlord Landlord, as an item of Additional Rent, Tenant's ’s Share (as defined in Section 7.2) of Operating Expenses in excess of the Operating Expense Base as follows: Prior to the Commencement Date and thereafter prior to the commencement of each of Landlord's ’s fiscal years during the Term, Landlord shall give Tenant a written estimate of Tenant's ’s Share of Operating Expenses in excess of the Operating Expense Base for the ensuing fiscal year or partial fiscal year, as the case may be. Commencing on the Commencement Date and continuing throughout the Term, Tenant shall pay, as an item of Additional Rent, such estimated amount in equal monthly installments, in advance, on or before the first (1st) day of each calendar month concurrent with its payment of Monthly Rentduring the Term. If Landlord has not furnished its written estimate by the time set forth above, Tenant shall pay monthly installments of Operating Expenses in excess of the Operating Expense Base at the rate established for the prior fiscal year, if any; provided that when the new estimate is delivered to Tenant, Tenant shall at the next monthly payment date pay Landlord any accrued deficiency based on the new estimate, or Landlord shall credit any accrued overpayment based on such estimate toward Tenant's ’s next installment payment hereunder. Within a reasonable period of time after the end of each fiscal year (in no event less than one hundred (120) days after the end of each fiscal year unless sooner completed by Landlord) year, Landlord shall furnish Tenant a statement (“Annual Statement”) showing in reasonable detail Tenant's share ’s Share of the actual Operating Expenses in excess of the Operating Expense Base incurred for the period in question; provided, however, with respect to the fiscal year during which this Lease expires or sooner terminates, rather than wait until after the determination of actual Operating Expenses for such fiscal year to furnish Tenant with an Annual Statement for said fiscal year, Landlord may, at its election, provide Tenant with an Annual Statement for such fiscal year prior to the end of such fiscal year based on estimated (not actual) Operating Expenses for such fiscal year, as determined by Landlord, which Annual Statement shall not be subject to further adjustment or reconciliation once actual Operating Expenses are determined for such fiscal year. If Tenant's ’s estimated payments are less than Tenant's ’s Share of actual Operating Expenses in excess of the Operating Expense Base as shown by the applicable statementAnnual Statement, Tenant shall pay the difference to Landlord within thirty (30) days thereafter. If Tenant shall have overpaid Landlord, Landlord shall credit such overpayment toward Tenant's ’s next installment payment hereunder. When the final determination Annual Statement is made of Tenant's Share of the actual Operating Expenses in excess of the Operating Expense. Base furnished to Tenant for the fiscal year in which this Lease expires or sooner terminates, Tenant shall, even if this Lease has expired or sooner terminated, pay to Landlord within fifteen (15) days after notice Notice the excess of Tenant's ’s Share of such the actual Operating Expenses set forth in excess of the Operating Expense Base such Annual Statement over the estimate of Tenant's ’s Share of such Operating Expenses paidpaid by Tenant. Conversely, any overpayment shall be rebated by Landlord to Tenant. If this Lease expires or sooner terminates on a day other than the last day of a fiscal year, Tenant’s Share of Operating Expenses for such partial fiscal year shall be calculated over the entire twelve-month fiscal year, but shall be prorated on the basis by which the number of days from the commencement of such fiscal year to and including the expiration or sooner termination of this Lease bears to 365. If Landlord shall determine at any time that the estimate of Tenant's ’s Share of Operating Expenses in excess of the Operating Expense Base for the current fiscal year is or will become inadequate to meet Tenant's ’s Share of all such Operating Expenses for any reason, Landlord shall immediately may, at its election, determine the approximate amount of such inadequacy and issue a supplemental estimate as to Tenant's ’s Share of such Operating Expenses and Tenant shall pay any increase as reflected by such supplemental estimate. Landlord shall keep or cause to be kept separate and complete books of accounting covering all Operating Expenses and showing the method of calculating Tenant's ’s Share of Operating Expenses in excess of the Operating Expense BaseExpenses, and shall preserve for at least twelve (12) months after the close of each fiscal year all material documents evidencing said Operating Expenses for that fiscal year. If Tenant does not notify Landlord of any objection to the Annual Statement within thirty (30) days of Landlord’s delivery thereof, Tenant shall be deemed to have accepted such statement as true and correct and shall be deemed to have waived any right to dispute Tenant, at its sole cost and expense, through any certified public accountant designated by it, shall have the right, during reasonable business hours and not more frequently than once during any fiscal year, ’s Share of Operating Expenses due pursuant to examine and/or audit the books and documents mentioned above evidencing such costs and expenses for the previous fiscal yearstatement. Any delay or failure by Landlord in delivering any estimate or statement pursuant to this Section 7.1 shall not constitute a waiver of its right to require Tenant to pay Tenant's ’s Share of Operating Expenses in excess of the Operating Expense Base pursuant hereto.

Tenant to Bear Tenant's Share of Operating Expenses. Tenant shall pay to Landlord Landlord, as an item of Additional Rent, Tenant's Share (as defined in Section 7.2) of Operating Expenses (i) Project Costs in excess of the Operating Project Costs Expense Base as follows: ("Excess Project Costs"), and (ii) Real Property Taxes in excess of the Tax Expense Base ("Excess Real Property Taxes"). Prior to the Commencement Date and thereafter prior to the commencement of each of Landlord's fiscal years during the Term, Landlord shall give Tenant a written estimate of Tenant's Share of Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes for the ensuing fiscal year or partial fiscal year, as the case may be. Commencing on January 1, 2017 and continuing thereafter throughout the Term, Tenant shall pay, as an item of Additional Rent, such estimated amount in equal monthly installments, in advance, on or before the first (1st) day of each calendar month concurrent with its payment of Monthly Rentmonth. If Landlord has not furnished its written estimate by the time set forth above, Tenant shall pay monthly installments of Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes at the rate established for the prior fiscal year, if any; provided that when the new estimate is delivered to Tenant, Tenant shall at the next monthly payment date pay Landlord any accrued deficiency based on the new estimate, or Landlord shall credit any accrued overpayment based on such estimate toward Tenant's next installment payment hereunder. Within a reasonable period of time after the end of each fiscal year (in no event less than one hundred (120) days after the end of each fiscal year unless sooner completed by Landlord) year, Landlord shall furnish Tenant a statement ("Annual Statement") showing in reasonable detail Tenant's share Share of the actual Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes incurred for the period in question; provided, however, with respect to the fiscal year during which this Lease expires or sooner terminates, rather than wait until after the determination of actual Operating Expenses for such fiscal year to furnish Tenant with an Annual Statement for said fiscal year, Landlord may, at its election, provide Tenant with an Annual Statement for such fiscal year prior to the end of such fiscal year based on estimated (not actual) Operating Expenses for such fiscal year, as determined by Landlord, which Annual Statement shall not be subject to further adjustment or reconciliation once actual Operating Expenses are determined for such fiscal year. If Tenant's estimated payments are less than Tenant's Share of actual Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes as shown by the applicable statementAnnual Statement, Tenant shall pay the difference to Landlord within thirty (30) days thereafter. If Tenant shall have overpaid Landlord, Landlord shall credit such overpayment toward Tenant's next installment payment hereunder. When the final determination Annual Statement is made of Tenant's Share of the actual Operating Expenses in excess of the Operating Expense. Base furnished to Tenant for the fiscal year in which this Lease expires or sooner terminates, Tenant shall, even if this Lease has expired or sooner terminated, pay to Landlord within fifteen (15) days after notice Notice the excess of Tenant's Share of the actual Excess Project Costs and Excess Real Property Taxes set forth in such actual Operating Expenses in excess of the Operating Expense Base Annual Statement over the estimate of Tenant's Share of such Operating Expenses paidExcess Project Costs and Excess Real Property Taxes paid by Tenant. Conversely, any overpayment shall be rebated by Landlord to Tenant. If this Lease expires or sooner terminates on a day other than the last day of a fiscal year, Tenant's Share of Excess Project Costs and Excess Real Property Taxes for such partial fiscal year shall be calculated over the entire twelve-month fiscal year, but shall be prorated on the basis by which the number of days from the commencement of such fiscal year to and including the expiration or sooner termination of this Lease bears to 365. If Landlord shall determine at any time that the estimate of Tenant's Share of Operating Expenses in excess of the Operating Expense Base Excess Project Costs and Excess Real Property Taxes for the current fiscal year is or will become inadequate to meet Tenant's Share of all such Operating Expenses for any reason, Landlord shall immediately may, at its election, determine the approximate amount of such inadequacy and issue a supplemental estimate as to Tenant's Share of such Operating Expenses Expenses, and Tenant shall pay any increase as reflected by such supplemental estimate. Landlord shall keep or cause to be kept separate and complete books of accounting covering all Operating Expenses and showing the method of calculating Tenant's Share of Operating Expenses in excess of the Operating Expense BaseExcess Project Costs and Excess Real Property Taxes, and shall preserve for at least twelve (12) months after the close of each fiscal year all material documents evidencing said Operating Expenses for that fiscal year. Tenant, at its sole cost and expense, through any certified public accountant designated by it, shall have the right, during reasonable business hours and not more frequently than once during any fiscal year, to examine and/or audit the books and documents mentioned above evidencing such costs and expenses for the previous fiscal year. Any delay or failure by Landlord in delivering any estimate or statement pursuant to this Section 7.1 shall not constitute a waiver of its right to require Tenant to pay Tenant's Share of Excess Project Costs and Excess Real Property Taxes pursuant hereto. If the Building is not at least 95% occupied during any fiscal year, as determined by Landlord, then Operating Expenses in excess of shall be computed by Landlord for such fiscal year as if the Operating Expense Base pursuant heretoBuilding had been 95% occupied during such fiscal year.