Common use of Tenant’s Proportionate Share of Operating Costs Clause in Contracts

Tenant’s Proportionate Share of Operating Costs. Tenant shall pay to Landlord, as additional rent, its proportionate share of operating costs calculated on the basis of the ratio set forth in Section 8.01. Any payments with respect to any partial calendar year in which the Term commences or ends shall be prorated. Tenant agrees to pay 1,403.52 per month as an escrow amount for operating costs as defined in Article 7.01. Landlord may, at any time, deliver to Tenant its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant current. As soon as practicable after the close of each calendar year, Landlord shall deliver to Tenant a statement showing the total amount payable by Tenant under this Article. If such statement shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant or at Landlord's option the excess shall be credited against the next monthly installment of rent. If such statement shows an amount due from Tenant that is more than the estimated payments paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent. In the event an amount is due and is not paid within thirty (30) days after the date of Landlord's statement to tenant, the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenant. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate under the circumstances. Tenant hereby consents to such allocations provided that the determination of such costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. Tenant or its' representatives shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's books and records of Operating Costs during normal business hours within twenty (20) days following the furnishing of the statement to Tenant. Unless Tenant takes written exception to any item within thirty (30) days following the furnishing of the statement to Tenant (which item shall be paid in any event), such statement shall be considered as final and accepted by Tenant. The taking of exception to any item shall not excuse Tenant from the obligation to make timely payment based upon the statement as delivered by Landlord.

Tenant’s Proportionate Share of Operating Costs. Tenant shall pay to Landlord, Landlord as additional rentrent beginning on the Commencement Date and continuing during the entire term of this Lease, its including any extended term, Tenant's proportionate share of operating costs Operating Costs calculated on the basis of the ratio ratios set forth in Section 8.01. Any payments with respect to any partial calendar year in which the Term term commences or ends shall be prorated. Tenant agrees to pay 1,403.52 $3,461.56 per month as an escrow estimated amount for operating costs Operating Costs as defined in Article 7.01. Landlord may, at any time, deliver to Tenant its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant current. As soon as practicable after the close of each calendar year, Landlord shall deliver to Tenant a an itemized statement showing the total amount payable by Tenant under this Article. If such statement shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant or at Landlord's option the excess shall be credited against the next monthly installment of rentrent at option of Tenant. If such statement shows an amount due from Tenant that is more than the estimated payments paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent. In the event If an amount is due and is not paid within thirty (30) days after the date of Landlord's statement to tenantTenant, Tenant agrees to pay a late fee of 5% of the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenant. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate under the circumstances. Tenant hereby consents to such allocations provided that the determination of such costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basisbalance. Tenant or its' Tenant's representatives shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's books and records of Operating Costs during normal business hours within one hundred and twenty (20120) days following the furnishing of the statement to Tenant. Unless Tenant takes take written exception to any item within thirty one hundred and fifty (30150) days following the furnishing of the statement to Tenant (which item shall be paid in any event), such statement shall be considered as final and accepted by Tenant. The taking of exception to any item shall not excuse Tenant from the obligation to make timely payment based upon the statement as delivered by Landlord.

Tenant’s Proportionate Share of Operating Costs. Tenant shall pay to Landlord, Landlord as additional rent, its proportionate share of operating costs calculated on the basis of the ratio ratios set forth in Section 8.01. Any payments with respect to any partial calendar year in which the Term commences or ends shall be prorated. Tenant agrees to pay 1,403.52 One Thousand Three Hundred Eiehtv-Nine Dollars and 83/100 ($1,389.83) per month as an escrow amount for operating costs as defined in Article 7.01. , Landlord may, at any time, deliver to Tenant its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant current. As soon as practicable after the close of each calendar year, Landlord shall deliver to Tenant a statement showing the total amount payable by Tenant under this Article. If such statement shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant or at Landlord's Landlords option the excess shall be credited against the next monthly installment of rent. If such statement shows an amount due from Tenant that is more than the estimated payments paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent. In the event an amount is due and is not paid within thirty (30) days after the date of Landlord's statement to tenant, Tenant shall pay a late fee of 10% of the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenantbalance. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate under the circumstances. Tenant hereby consents to such allocations provided that the determination of such costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. Tenant or its' representatives shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's books and records of Operating Costs during normal business hours within twenty (20) days following the furnishing of the statement to Tenant. Unless Tenant takes written exception to any item within thirty (30) days following the furnishing of the statement to Tenant (which item shall be paid in any event), such statement shall be considered as final and accepted by Tenant. Tenant The taking of exception to any item shall not excuse Tenant from the obligation to make timely payment based upon the statement as delivered by Landlord.

Tenant’s Proportionate Share of Operating Costs. Tenant shall pay to Landlord, as additional rent, its proportionate share of operating costs Operating Costs calculated on the basis of the ratio set forth in Section 8.01. Any payments with respect to any partial calendar year in which the Term commences or ends shall be prorated. Tenant agrees to pay 1,403.52 Three and 10/100 Dollars ($3.10) per rentable square foot of the Premises per month as an escrow amount for operating costs estimated Operating Costs as defined in Article 7.01. Such amount shall be paid by Tenant to Landlord on the Rent Commencement Date for the first month’s rent and any partial month at the beginning of the term. Landlord may, at any time, deliver to Tenant its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant current. As soon as practicable after the close of each calendar year, Landlord shall deliver to Tenant a statement showing the total amount payable by Tenant under this Article. If such statement shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant or at Landlord's ’s option the excess shall be credited against the next monthly installment of rent. If such statement shows an amount due from Tenant that is more than the estimated payments paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent. In the event an amount is due and is not paid within thirty (30) days after the date of Landlord's ’s statement to tenantTenant, the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenantTenant. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate under the circumstances. Tenant hereby consents to such allocations provided that the determination of such costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. Tenant or its' representatives shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's books and records of Operating Costs during normal business hours within twenty (20) days following the furnishing of the statement to Tenant. Unless Tenant takes written exception to any item within thirty (30) days following the furnishing of the statement to Tenant (which item shall be paid in any event), such statement shall be considered as final and accepted by Tenant. The taking of exception to any item shall not excuse Tenant from the obligation to make timely payment based upon the statement as delivered by Landlord.

Tenant’s Proportionate Share of Operating Costs. Tenant shall pay to Landlord, as additional rent, its proportionate share of operating costs calculated in accordance with generally accepted accounting principles on the basis of the ratio set forth in Section 8.01. Any payments with respect to any partial calendar year in which the Term commences or ends shall be prorated. Tenant agrees to pay 1,403.52 $5,281.51 per month as an escrow amount for operating costs as defined in Article 7.01. Landlord may, at any time, deliver to Tenant its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant current. As soon as practicable after the close of each calendar year, Landlord shall deliver to Tenant a statement showing the total amount payable by Tenant under this Article. If such statement shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant or at Landlord's option the excess shall be credited against the next monthly installment of rent. If such statement shows an amount due from Tenant that is more than the estimated payments paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent. In the event an amount is due and is not paid within thirty (30) days after the date of Landlord's statement to tenantTenant, the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenant. Landlord's failure to submit statements as called for herein shall not be deemed to be a waiver of Tenant's requirement to pay the sums herein provided unless such statements are not submitted within two (2) years. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate under the circumstances. Tenant hereby consents to such allocations provided that the determination of such costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. Tenant or its' representatives shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's books and records of Operating Costs during normal business hours within twenty ninety (2090) days following the furnishing of the statement to Tenant, and shall have thirty (30) days thereafter to notify Landlord of any discrepancies. Should Tenant's audit find more than a 5% difference in Operating Costs, Landlord agrees to pay for the cost of Tenant's audit, not to exceed $2,000. Should Tenant's audit, find less than a 5% difference in Operating Costs, Tenant agrees to pay for Landlord's costs of defending such claim, not to exceed $2,000. Unless Tenant takes written exception to any item within thirty ninety (3090) days following the furnishing of the statement to Tenant (which item shall be paid in any event), such statement shall be considered as final and accepted by Tenant. The taking of exception to any item shall not excuse Tenant from the obligation to make timely payment based upon the statement as delivered by Landlord. Furthermore, at Tenant's request by written notice to Landlord, Landlord agrees to provide Tenant once per year with a revised statement of Landlord's up-dated Operating Costs estimates. Such statement shall be based on Landlord's best knowledge of same and shall be used by Tenant only for information purposes and not to replace the then current escrow amount for Operating Costs.

Tenant’s Proportionate Share of Operating Costs. Tenant shall pay to Landlord, as additional rent, its proportionate share of operating costs calculated on the basis of the ratio set forth in Section 8.01. Any payments with respect to any partial calendar year in which the Term commences or ends shall be prorated. Tenant agrees to pay 1,403.52 $2,534.60 per month as an escrow amount for operating costs as defined in Article 7.01. Landlord may, at any time, deliver to Tenant its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant current. As soon as practicable after the close of each calendar year, . Landlord shall deliver to Tenant a statement showing the total amount payable by Tenant under this Article. If such statement shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant or at Landlord's option the excess shall be credited against the next monthly installment of rent. If such statement shows an amount due from Tenant that is more than the estimated payments paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent. In the event an amount is due and is not paid within thirty (30) days after the date of Landlord's statement to tenant, the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenant. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate under the circumstances. Tenant hereby consents to such allocations provided that the determination of such costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. Tenant or its' its representatives shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's books and records of Operating Costs during normal business hours within twenty (20) days following the furnishing of the statement to Tenant. Unless Tenant takes written exception to any item within thirty (30) days following the furnishing of the statement to Tenant (which item shall be paid in any event), such statement shall be considered as final and accepted by Tenant. The taking of exception to any item shall not excuse Tenant from the obligation to make timely payment based upon the statement as delivered by Landlord.

Tenant’s Proportionate Share of Operating Costs. Tenant shall pay to Landlord, as additional rent, its proportionate share of operating costs calculated on the basis of the ratio set forth in Section 8.018.0 1. Any payments with respect to any partial calendar year in which the Term commences or ends shall be prorated. Tenant agrees to pay 1,403.52 $1,931.29 per month as an escrow amount for operating costs as defined in Article 7.017.0 1. Landlord may, at any time, deliver to Tenant its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant current. As soon as practicable after the close of each calendar year, Landlord shall endeavor to deliver to Tenant a statement showing the total amount payable by Tenant under this Article. If such statement shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant or at Landlord's option the excess shall be credited against the next monthly installment of rent. If such statement shows an amount due from Tenant that is more than the estimated payments paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent. In the event an amount is due and is not paid within thirty (30) days after the date of Landlord's statement to tenant, the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenant. Landlord's failure to submit statements as called for herein shall not be deemed to be a waiver of Tenant's requirement to pay the sums herein provided. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are arc considered reasonable and appropriate under the circumstances. Tenant hereby consents to such allocations provided that the determination of such costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. Tenant or its' representatives shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's books and records of Operating Costs during normal business hours within twenty (20) days following the furnishing of the statement to Tenant. Unless Tenant takes written exception to any item within thirty (30) days following the furnishing of Of the statement to Tenant (which item shall be paid in any event), such statement shall be Landlord: _____ Tenant: _____ considered as final and accepted by Tenant. The taking of exception to any item shall not excuse Tenant from the obligation to make timely payment based upon the statement as delivered by Landlord.

Tenant’s Proportionate Share of Operating Costs. Tenant shall pay to Landlord, Landlord as additional rent, rent its proportionate share of operating costs Operating Costs calculated on the basis of the ratio ratios set forth in Section 8.01. Any payments with respect to any partial calendar year in which the Term commences or ends shall be prorated. Tenant agrees to pay 1,403.52 $2,077.64 per month as an escrow amount for operating costs Operating Costs as defined in Article 7.01. Landlord may, at any time, deliver to Tenant its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant current. As soon as practicable after the close of each calendar year, Landlord shall deliver to Tenant a statement showing the total amount payable by Tenant under this Article. If such statement shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant or at Landlord's ’s option the excess shall be credited against the next monthly installment of rent. If such statement shows an amount due from Tenant that is more than the estimated payments paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent. In the event an amount is due and is not paid within thirty (30) days after the date Landlord’s provides Tenant with a written notice regarding such delinquency, Tenant shall pay a late fee of Landlord's statement to tenant, six percent (6%) of the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenantbalance. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate under the circumstancescircumstances so long as the allocated cost does not exceed the cost that would be incurred for the single building. Landlord’s failure to timely deliver to Tenant the statement disclosing the amount if any due from Tenant shall in no way whatsoever be construed as a waiver or release by Landlord of monies due it from Tenant. Tenant hereby consents to such allocations allocations, provided that the determination of such costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. Tenant or its' representatives its representative shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's ’s books and records of Operating Costs during normal business hours within twenty sixty (2060) days following the furnishing of the statement to Tenant. Unless Tenant takes written exception to any item within thirty sixty (3060) days following the furnishing of the statement to Tenant (which item shall be paid in any event), such statement shall be considered as final and accepted by Tenant. The taking of exception to any item shall not excuse Tenant from the obligation to make timely payment based upon the statement as delivered by Landlord.

Tenant’s Proportionate Share of Operating Costs. Tenant shall (a ) Beginning as of the Rent Commencement Date and continuing during the primary and any extended term of this Lease, you agree to pay to Landlord, Landlord as additional rent, its proportionate your Proportionate share of operating costs calculated on the basis of the ratio set forth in Section 8.01Operating Costs. Any payments with respect to any partial calendar year in which the Term term commences or ends shall be prorated. Tenant agrees You agree to pay 1,403.52 $12,477.67 per month as an escrow estimated amount for operating costs as defined in Article 7.01Operating Costs. Landlord may, at any time, deliver to Tenant you its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant you shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant you current. As soon as practicable after the close of each calendar year, Landlord shall deliver to Tenant you a statement showing the total amount payable by Tenant you under this Article. If such statement shows an amount due from Tenant you that is less than the estimated payments previously paid by Tenantyou, it shall be accompanied by a refund of the excess to Tenant you or at Landlord's option the excess shall be credited against the next monthly installment of rentRent. If such statement shows an amount due from Tenant you that is more than the estimated payments paid by Tenantyou, Tenant you shall pay the deficiency to Landlord, as additional rent. In the event If an amount is due and is not paid within thirty (30) days after the date of Landlord's statement to tenantyou, you agree to pay a late fee of 10% of the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenantbalance. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate under the circumstances. Tenant hereby consents to such allocations provided that the determination of such costs and the allocation of all You or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. Tenant or its' your representatives shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's books and records of Operating Costs during normal business hours within twenty three hundred and sixty (20360) days following the furnishing of the statement to Tenantyou. Unless Tenant takes you take written exception to any item within thirty three hundred and sixty (30360) days following the furnishing of the statement to Tenant you (which item shall be paid in any event), such statement shall be considered as final and accepted by Tenantyou. The taking of exception to any item shall not excuse Tenant you from the obligation to make timely payment based upon the statement as delivered by Landlord. If you timely take written exception to any item, any dispute with respect to the written exception not resolved to the mutual satisfaction of both Landlord and you within thirty (30) days following Landlord's receipt of your written exception shall be resolved in accordance with the following procedures. First, Landlord shall have seven days immediately following the thirty day period to provide you with a list of three independent certified public accountants. You shall then have seven days following you receipt of the list of independent certified public accountants to designate one of the three independent certified public accountants (hereinafter the "CPA") and to ----------------------- parking is at risk of the person choosing to do so and you agree to indemnify and hold Landlord harmless from and against any claims for damages resulting from such overnight parking, including any claims that the indemnified party was negligent in providing security. Landlord: Tenant: RDM ----------- ------------- provide Landlord with written notice of your designation. If Landlord fails to timely provide you with the list of three independent certified public accountants, then you may select any independent certified public accountant you wish to serve as the CPA. If you fail to timely designate one of the three independent certified public accountants as the CPA, then Landlord may select any independent certified public accountant it wishes to serve as the CPA. The decision of the CPA shall be final and binding as to any dispute with respect to your written exception and the cost of the CPA shall be paid for by the party who does not prevail. For purposes of the preceding, (i) the term "independent certified public accountant" means a certified public accountant who has not previously rendered accounting services of any kind for either you or Landlord; and (ii) Landlord will be deemed to have prevailed if the determination of the CPA results in a reduction in your Proportionate share of Operating Costs which is five percent or less of the Landlord's determination of your Proportionate share of Operating Costs and you will be deemed to have prevailed if the determination of the CPA results in a reduction in your Proportionate share of Operating Costs which is more than five percent of the Landlord's determination of your Proportionate share of Operating Costs.