Common use of Tenant's Share and Payment Clause in Contracts

Tenant's Share and Payment. Tenant shall pay Tenant’s annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share of such costs and expenses for such period.

Appears in 3 contracts

Samples: Industrial Real Estate Lease (SeaSpine Holdings Corp), Industrial Real Estate Lease (Isotis Inc), Lease (Isotis Sa)

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Tenant's Share and Payment. Tenant shall pay Tenant’s annual to Landlord its pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquencyShop Buildings Expenses. Tenant’s pro rata share shall be calculated by dividing (a) a fraction, the square foot area numerator of which is the Floor Area of the PropertyPremises, as set forth in Section 1.04 1.4, or as increased during the Term, and the denominator of which is the aggregate leasable Floor Area in the Center, or (b) according to any other formula that Landlord may deem fair and equitable. On or before the Commencement Date and each calendar year thereafter, Landlord shall furnish to Tenant an itemized statement setting forth Landlord’s estimate of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenanttotal and Xxxxxx’s initial pro rata share is set out of projected Shop Buildings Expenses for the immediately succeeding calendar year or partial calendar year. Tenant agrees to pay its pro rata share of such estimated expenses in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area equal monthly installments concurrently with each installment of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to TenantBase Rent. Within sixty one hundred twenty (60120) days after the end of each calendar year of or, if the Lease Termterminates on other than the last day of a calendar year, then ninety (90) days after the termination date, Landlord shall deliver furnish to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, writing showing the Common Area costs paid or actual Shop Buildings Expenses incurred by Landlord during for the preceding calendar year or partial calendar year, as the case may be, and TenantXxxxxx’s pro rata shareshare thereof. Upon receipt of At such statement, there time an adjustment shall be an adjustment made between Landlord and Tenant, with payment so that Tenant’s payments of estimated Shop Buildings Expenses for the preceding year or partial year are equal to or credit given Tenant’s pro rata share of actual Shop Buildings Expenses for the same period. Any overpayment by Tenant shall be, at Landlord’s option, credited by Landlord to the monthly installments of projected Shop Buildings Expenses falling due thereafter or refunded to Tenant, or, if the Lease has terminated, then any overpayment shall be credited against any amounts owed to Landlord by Tenant, or, if none, shall be paid to Tenant and any underpayment by Tenant shall be paid to Landlord within thirty (as the case may be30) so that Landlord shall receive the entire amount days of Tenant’s share notice of such costs and expenses for such periodunderpayment to Tenant.

Appears in 2 contracts

Samples: Retail Lease Agreement, Retail Lease Agreement

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all estimated Common Area costs costs, in advance, in monthly installments on the first day of each month during the Sublease Term (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency). Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the PropertyPremises, as set forth in Section 1.04 1.4 of the LeaseSublease, by the aggregate square foot area of the Project which is leaseable area within the Project, whether currently leased or held for lease by tenants, as of not upon the date on which the computation is made. Tenant’s initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time and from time to time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty thirty (6030) days after the end of each calendar year of the Lease Sublease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the actual Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, Tenant with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Any changes in the Common Area costs and/or the aggregate area leased or held for lease for the exclusive use of all tenants of the Project during the Lease Term shall be effective on the first day of the month after such change occurs.

Appears in 2 contracts

Samples: Copper Mountain Networks Inc, Integra Lifesciences Holdings Corp

Tenant's Share and Payment. Tenant shall pay Tenant’s annual to Landlord its pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquencyExpenses. Tenant’s pro rata share shall be calculated by dividing (a) a fraction, the square foot area numerator of which is the Floor Area of the PropertyPremises, as set forth in Section 1.04 1.4, or as increased during the Term, and the denominator of which is the aggregate leasable Floor Area in the Center. As of the Effective Date of this Lease, by Landlord estimates Tenant’s share of the aggregate Common Area Expenses to be equal to the sum of Sixty-Eight Cents ($0.68) per square foot area per month (that is , the monthly sum of One Thousand Four Hundred Sixty-Eight and 80/100 Dollars ($1,468.80), subject to the Project which is leased or held adjustments provided for lease by tenants, as of the date on which the computation is madein this Section 9.5). Tenant’s initial Tenant shall pay its pro rata share is set out of such estimated expenses in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area equal monthly installments concurrently with each installment of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to TenantBase Rent. Within sixty one hundred twenty (60120) days after the end of each calendar year or, if the Term terminates on other than the last day of a calendar year, then ninety (90) days after the Lease Termtermination date, Landlord shall deliver furnish to Tenant a detailed and itemized statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, writing showing the Common actual common Area costs paid or Expenses incurred by Landlord during for the preceding calendar year or partial calendar year, as the case may be, and TenantXxxxxx’s pro rata shareshare thereof. Upon receipt of Subject to Section 8.2(h), at such statement, there time an adjustment shall be an adjustment made between Landlord and Tenant, with payment so that Tenant’s payments of estimated CAM Obligations for the preceding year or partial year is equal to or credit given Xxxxxx’s pro rata share of actual CAM Obligations for the same period. Any overpayment by Tenant shall be, at Landlord’s election, credited by Landlord to the monthly installments of estimated CAM Obligations falling due thereafter or refunded to Tenant, or, if the Lease has terminated, then any overpayment shall be credited against any amounts owed to Landlord by Tenant, or, if none, shall be paid to Tenant, and any underpayment by Tenant shall be paid to Landlord within thirty (as the case may be30) so that Landlord shall receive the entire amount days of Tenant’s share notice to Tenant of such costs and expenses for such periodunderpayment.

Appears in 2 contracts

Samples: Retail Lease Agreement, Retail Lease Agreement

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot footage area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b)4.03. Any changes in the Common Area costs and/or the aggregate area of the Project Project, leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share of such costs and expenses for such period.an

Appears in 2 contracts

Samples: Pets Com Inc, Pets Com Inc

Tenant's Share and Payment. REVISED TO READ IN FULL AS FOLLOWS: Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot footage area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial and subsequent pro rata share is set out in Paragraph Section 1.12(b), AS AMENDED. Any changes in the Common Area costs and/or the aggregate area of the Project Project, leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 2 contracts

Samples: Pets Com Inc, Pets Com Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s pro rata share shall be calculated by dividing the square foot area of the Propertyproperty, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share is set out in Paragraph 1.12(b1.13(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share of such costs and expenses for such period.

Appears in 2 contracts

Samples: Industrial Lease Agreement, Industrial Real Estate Lease (Daystar Technologies Inc)

Tenant's Share and Payment. Tenant shall pay pay, in monthly installments to Landlord, Tenant’s annual pro rata share Pro-Rata Share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquencythe manner described in this Section 4.05(e). Tenant’s pro rata share “Pro-Rata Share” of the Project shall be calculated by dividing the square foot area of the Propertyrentable square feet of the Premises, as set forth in Section 1.04 of the Lease, by the aggregate rentable square foot area of the Project Building which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share Pro-Rata Share of the Project is set out in Paragraph Section 1.12(b), and Tenant’s initial Pro-Rata Share of the offsite Common Area Expenses is set out in Section 4.05(a). Any changes in the Common Area costs and/or the aggregate area of the Project Building leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Upon written notice to Tenant, Landlord may, at Landlord’s election, shall estimate in advance and charge to Tenant as Common Area costs, Tenant’s Pro Rata Share of all real property taxes Real Property Taxes for the Project for which Tenant is liable under Section 4.02 of the Lease, Tenant’s Pro Rata Share of all insurance premiums for the Project for which Tenant is liable under Section 4.04 of the Lease, Tenant’s Pro Rata Share of all operation, maintenance and repair costs for the Project for which Tenant is liable under Section 6.04 4.05 and Section 6.03 of the Lease, and all other Common Area costs payable by Tenant with Common Area costs hereunder. At Landlord’s election, The level of such costs shall be in accordance with good commercial practices for comparable buildings in the area and shall not exceed competitive market rates. Such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time upon a material change in costs, based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty one hundred twenty (60120) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata sharePro-Rata Share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share Pro-Rata Share of such costs and expenses for such periodperiod within thirty (30) days of receipt of such statement. Tenant may, within ninety (90) days after the communication of such adjustment, review Landlord’s records relating to Common Area costs covered by such adjustment, at Tenant’s sole cost and expense, at the place Landlord normally maintains such records during Landlord’s normal business hours. If following such review Tenant shall dispute one or more items and Landlord and Tenant are unable to agree as to any disputed items within fifteen (15) days after Tenant notifies Landlord of the dispute, then Tenant may at its sole cost and expense, engage an independent certified public accounting firm (which firm shall not have been engaged by either Landlord or Tenant for any purpose in the twelve months preceding the date of Tenant’s dispute notice) to audit Landlord’s records relating to the disputed items, which audit shall be scheduled promptly at the reasonable convenience of both Landlord and Tenant and shall take place in Landlord’s offices. If the results of such audit indicate that the aggregate cost or allocation of the disputed items is incorrect, then Landlord shall refund the discrepancy, and if the amount of the discrepancy is more than three percent (3%), then Landlord shall pay the reasonable costs of such audit.

Appears in 2 contracts

Samples: Lease Agreement (TriVascular Technologies, Inc.), Lease Agreement (TriVascular Technologies, Inc.)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is madeProject. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunderunder this paragraph. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Tenant shall have the right to retain a firm of certified public accountants to audit Landlord's books and records regarding Common Area Costs no more frequently than annually, during normal business hours, on thirty (30) days prior written notice from Tenant. Tenant shall give Landlord a copy of the report of such audit; if Landlord objects to such report, then the dispute shall be resolved by agreement of Landlord's firm of certified public accountants and Tenant's firm of certified public accountants. Landlord and Tenant shall adjust Tenant's obligation for Common Area Costs in accordance with the final conclusion of such audit and/or dispute resolution. If any such audit should result in a reduction in Tenant's liability for Common Area Costs by more than five percent (5%) of the total shown on the applicable annual operating cost statement, then Landlord shall reimburse Tenant for its reasonable costs for such audit.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

Tenant's Share and Payment. Tenant shall pay Tenant’s annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and as set forth in any event prior to delinquencythis Section 4.05(e) . Tenant’s pro rata share shall be has been calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share is set out in Paragraph 1.12(b). Any changes Landlord represents and warrants to Tenant that Tenant’s Prorata Share as set forth in the Common Area costs and/or the aggregate area Section 1.12(b) above is true and correct and has been calculated in accordance with IRAM standards in effect as of the Project leased or held for lease during the Lease Term shall be effective on the first day date of the month after such change occursthis Lease. Landlord may, at Landlord’s election, shall estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such Such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlordand Tenant shall pay such installments of estimated Common Area costs on a monthly basis. Landlord may adjust such estimates at any time of estimated Common Area costs based upon Landlord’s experience and reasonable anticipation of costscosts not more often than twice per year. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share of such costs and expenses for such period. Any further payment due to Landlord shall be due and payable with tenant’s next monthly payment of Base Rent. In the event that Tenant is entitled to a credit, such credit may be offset against Tenant’s next monthly rental payment.

Appears in 1 contract

Samples: Lease Agreement (Pc Mall Inc)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs costs, (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 1,04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, shall estimate in advance and charge to Tenant as Common Comnmon Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 6.O4 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time anytime based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective efffective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall xxxxx deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Fun City Popcorn Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Surebeam Corp

Tenant's Share and Payment. Tenant shall pay Tenant’s annual pro rata share 's -------------------------- Proportionate Share of all Common Area costs Project Expenses, in advance, in monthly installments on the first day of each month during the Lease Term (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time and from time to time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty thirty (6030) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the actual Common Area costs (i.e., Project Expenses) paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, Tenant with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period; provided, however, if any credit due to Tenant may not be exhausted by one months' payment of Tenant's Proportionate Share of Project Expenses, the unapplied credit shall be returned to Tenant). Any changes in the Common Area costs and/or the aggregate area leased or held for lease for the exclusive use of all tenants of the Project during the Lease Term shall be effective on the first day of the month after such change occurs.

Appears in 1 contract

Samples: Terayon Communication Systems

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share Pro Rata Share of all Common Area costs Expenses (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s pro rata share 's Pro Rata Share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 1.05 of the this Lease, by the aggregate rentable square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is madeProject. Tenant’s 's initial pro rata share Pro Rata Share is set out in Paragraph 1.12(b1.08(b). Any changes in the Common Area costs Expenses and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s Xxxxxxxx's election, estimate in advance and charge to Tenant as Common Area costsmonthly, all real property taxes Real Property Taxes for which Tenant is liable under Section 4.02 of the this Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the this Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the this Lease, and all other Common Area costs Expenses payable by Tenant hereunder. At Landlord’s election, Tenant shall pay such statements estimated amounts monthly along with Tenant's payment of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by LandlordBase Rent. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. At Landlord's election, such estimated Common Area Expenses shall be paid quarterly or at any other periodic intervals to be designated by Landlord. Within sixty ninety (6090) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs Expenses paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata shareXxxxxx's Pro Rata Share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Notwithstanding anything to the contrary contained herein, Landlord shall have the right, from time to time, to equitably allocate some or all of the Common Area Expenses for the Project among different portions or tenants of the Project ("Cost Pools"), in Landlord's reasonable discretion. The Common Area Expenses within each such Cost Pool shall be allocated and charged to the tenants within such Cost Pool in an equitable manner. Throughout the Lease Term, Landlord shall provide Tenant with reasonable supporting documentation regarding Xxxxxx's Share of Common Area Expenses within thirty (30) days of receipt of Tenant's written request therefor. Notwithstanding anything to the contrary contained herein, Landlord and Tenant agree that if the total cost of the Real Property Taxes for the Property, Xxxxxx's prorated share of the Landlord's insurance premiums for the Property and Tenant's Pro Rata Share of Common Area Expenses (collectively, the "Property Operating Expenses") for the 2001 calendar year exceeds $.12 per rentable square foot of the Property per month, for any reason other than as a result of an increase in the Real Property Taxes for the Property due to Tenant's improvements to the Property, including without limitation, the Tenant Improvements (as hereinafter defined), Tenant shall receive, at all times during the Lease Term after the calendar year 2001 that the Property Operating Expenses exceed $.12 per rentable square foot of the Property per month, a credit against the Property Operating Expenses in an amount equal to the difference between the Property Operating Expenses for the 2001 calendar year and $.12 (e.g., if the Property Operating Expenses for the 2001 calendar year are $.14 per square foot of the Property per month, Tenant shall receive a credit in the amount of $.02 per square foot of the Property per month for each month during the remainder of the Lease Term that the Property Operating Expenses exceed $.12 per rentable square foot of the Property).

Appears in 1 contract

Samples: Trimedyne Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s annual 's pro rata share of all Common Area costs Costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the this Lease, by the total aggregate square foot area of the Project which is leased or held for lease leasable by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph paragraph 1.12(b). Any changes in the Common Area costs Costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, at the beginning of each calendar year during the term of this Lease for that calendar year, estimate in advance and charge to Tenant as Common Area costsCosts, all real property taxes for which Tenant is liable under Section 4.02 of the this Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the this Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the this Lease, and all other Common Area costs Costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs Costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs Costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period, but no more than Tenant's share. Landlord may increase the amount of estimated Common Area Costs in each subsequent calendar year, provided such estimated increase does not exceed ten percent (10%) per year, on a cumulative basis, and Landlord may increase such estimated Common Area Costs during the year (without any limitation) provided any such mid year increase is based upon actual increases for which Landlord has received written confirmation. Upon reasonable notice to Landlord, Tenant will be entitled to examine at Landlord's offices in which such are maintained, the books and records used to create such statements, and reconcile such statements as reasonably necessary, including a refund or credit if such reconciliation shows an overpayment by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Tenant's Share and Payment. From and after January 1, 1997, Tenant shall pay Tenant’s annual 's pro rata share of all increases in Common Area costs above the Base Common Area Charges (prorated pro rated for any fractional month) upon thirty (30) days written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day 10 of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area Areas costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Lease Agreement (Antigua Enterprises Inc)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share Pro Rata Share of all Common Area costs Expenses (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s pro rata share 's Pro Rata Share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 1.05 of the this Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share Pro Rata Share is set out in Paragraph 1.12(b1.08(b). Any changes in the Common Area costs Expenses and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s Xxxxxxxx's election, estimate in advance and charge to Tenant as Common Area costsmonthly, all real property taxes Real Property Taxes for which Tenant is liable under Section 4.02 of the this Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the this Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the this Lease, and all other Common Area costs Expenses payable by Tenant hereunder. At Landlord’s election, Tenant shall pay such statements estimated amounts monthly along with Tenant's payment of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by LandlordBase Rent. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. At Landlord's election, such estimated Common Area Expenses shall be paid quarterly or at any other periodic intervals to be designated by Landlord. Within sixty ninety (6090) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs Expenses paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata shareXxxxxx's Pro Rata Share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Notwithstanding anything to the contrary contained herein, Landlord shall have the right, from time to time, to equitably allocate some or all of the Common Area Expenses for the Project among different portions or tenants of the Project ("Cost Pools"), in Landlord's reasonable discretion. The Common Area Expenses within each such Cost Pool shall be allocated and charged to the tenants within such Cost Pool in an equitable manner. Throughout the Lease Term, Landlord shall provide Tenant with reasonable supporting documentation regarding Xxxxxx's Share of Common Area Expenses within thirty (30) days of receipt of Tenant's written request therefor.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Gish Biomedical Inc)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the PropertyProject, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective effected as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: 3pea Technologies Inc.

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time anytime based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Alibris Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. , Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s , Xxxxxx's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Hot Topic Inc /Ca/

Tenant's Share and Payment. Tenant shall pay to Landlord as Additional Rent Tenant’s annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency). Tenant’s pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, Premises (66,000 ___ square feet) which excludes basement areas used only for storage by the aggregate of such square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is madetenants (390,200 square feet). Tenant’s initial monthly pro rata share is set out in Paragraph 1.12(b). Any changes in $1,447.70 which is due and payable by Tenant to Landlord on the Common Area costs and/or the aggregate area first of the Project leased or held for lease each month during the Lease Term without deduction, setoff or demand. The foregoing shall be effective subject to adjustment based on the first day of the month after such change occurschanges in costs and/or leasable square footage. Landlord may, shall have the right at Landlord’s election, to estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60ninety(90) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid paid, allocated or incurred by Landlord during the preceding calendar year and Tenant’s pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share of such costs costs, allocations and expenses for such period.

Appears in 1 contract

Samples: Security Agreement (Cuisine Solutions Inc)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Early Possession Agreement (Ashworth Inc)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience Landxxxx'x xxperience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro Tenaxx'x xro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.. 12 12

Appears in 1 contract

Samples: Amazon Natural Treasures Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all estimated Common Area costs costs, in advance, in monthly installments on the first day of each month during the Lease Term (prorated pro rated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency). Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease for the exclusive use by tenants, as of Tenants upon the date on which the computation is made. When Xxxxxx takes possession of the Property, and at the commencement of each subsequent calendar year, Landlord shall estimate Tenant’s initial pro rata share is set out in Paragraph 1.12(b). Any changes in the 's Share of Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by LandlordCosts. Landlord may adjust such estimates at any time and from time to time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. If Landlord anticipates that year-end Common Area costs will exceed estimated costs by 5% or greater, Landlord shall make a mid-year adjustment of Common Area charges within a reasonable period of time after determining that such increased charges will be incurred. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty ninety (6090) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the actual Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon request, Landlord shall provide Tenant with reasonable supporting documentation showing payment of Common Area costs. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, Tenant with payment to or credit given by Landlord (as the case may be) (with refund to Tenant if applicable for adjustments after the end of the Lease Term) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Any changes in the Common Area costs and/or the aggregate area leased or held for lease for the exclusive use of all tenants of the Project during the Lease Term shall be effective on the first day of the month after such change occurs.

Appears in 1 contract

Samples: Icos Corp / De

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s Xxxxxxxx's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section Sections 4.05 and 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Office Lease (Open Energy Corp)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, . all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Natural Alternatives International Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Leaselease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common common Area costs payable by Tenant hereunder. At Landlord’s election, 's election such statements of estimated Common Area costs shall be delivered monthly, quarterly quarterly, or at any other periodic intervals to be designated by the Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon upon receipt of such statement, statement there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Wade Cook Financial Corp

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s Tenants pro rata share shall be calculated by dividing the square foot area of the PropertyPremises, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s Tenants initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s Landlords election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent Rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Landlord shall keep records showing all expenditures incurred as Common Area costs, Landlord's Insurance and Real Property Taxes for each calendar year for a period of one (1) year following each year, and such records shall be made available for inspection and photocopying by Tenant and/or its agents during ordinary business hours in the city in which the Premises are located. Any dispute with respect to Landlord's calculations of Tenant's share of Common Area costs shall be resolved by the parties through consultation in good faith within sixty (60 )days. However, if the dispute cannot be resolved within such period, the parties shall request an audit of the disputed matter from an independent, certified public accountant selected by both Landlord and Tenant, whose decision shall be based on generally accepted accounting principles and shall be final and binding on the parties. If there is a variance of seven percent (7%) or more between said decision and the Landlord's determination, Landlord shall pay the costs of said audit and shall credit any overpayment toward the next rent payment falling due or pay such overpayment to Tenant within thirty (30) days. If the variance is less than seven percent (7%), Tenant shall pay the cost of said audit.

Appears in 1 contract

Samples: Planet 13 Holdings Inc.

Tenant's Share and Payment. Tenant shall pay Tenant’s annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from to Landlord that monthly or at such costs are due and payablelonger interval as Landlord may determine, and in any event prior to delinquency. as “Additional Rent,” Tenant’s pro rata share shall be calculated by dividing of Landlord’s actual costs of operating and maintaining the square foot area common areas during the Term of the Property, as set forth this Lease in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. accordance with this Article V. Tenant’s initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or that fraction thereof (the “Pro Rata Share”) whose numerator is the total Floor Space contained in the Leased Premises (currently 77,704) and whose denominator is the aggregate rentable Floor Space contained in all the buildings in the Project at any other periodic intervals the time such fraction is to be designated applied (which the parties agree is currently 98,716 square feet). The parties agree that Tenant’s Pro Rata Share is currently 78.71%. As to any costs, and associated fees of the Independent Property Manager, incurred by Landlord. Landlord may adjust in connection with replacement, as opposed to repair or maintenance, of portions of the parking areas, the cost of such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments replacements shall be effective as amortized over their useful life (such usual life not to be less than the greater of ten years or the next rent payment date after notice to depreciable period of such improvement) and Tenant. Within sixty (60) days after the end ’s Pro Rata Share of such annual amortized amount shall be payable during each calendar succeeding year of the Lease Term, Landlord . Any amounts of Pro Rata Share payable as Additional Rent for any calendar or tax year in which the Lease Term is not in effect shall deliver be further reduced to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, reflect the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata shareportion of the calendar or tax year, as applicable, which is not part of the Lease Term. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment may elect to or credit given by Landlord (as reasonably estimate the case may be) so that Landlord shall receive the entire amount of Tenant’s share Pro Rata Share of such operating costs which will be due from Tenant for any calendar year. Such estimated amounts (1/12 each month) shall be paid by Tenant concurrent with, and expenses in addition to, the Fixed Minimum Rent provided for in this Lease. Following the end of the calendar year (and at the end of the Lease Term), when the Landlord provides the Tenant with the statement and computation relating to Building operating costs, Landlord shall return Tenant’s Pro Rata Share of any excess of the aggregate monthly payments toward such Building operating costs for such periodcalendar year; or Tenant shall promptly pay to Landlord the excess of the amount due from Tenant under this paragraph for the calendar year over the Tenant’s aggregate monthly payment toward Tenant’s Pro Rata Share of the Building operating costs for such year. Tenant shall have the right to audit the operating costs of the Building; and Landlord agrees, upon demand, to furnish Tenant with all of Landlord’s books, documents, records, papers and files relating to the costs of operating and maintaining the common areas and the Building. If the results of the audit show an overcharge to Tenant greater than five percent (5%) of the actual proper charges, Landlord shall pay the costs of the audit and interest on the amount of such overcharge at the “Interest Rate” from the date paid until Tenant has been reimbursed by Landlord for such overcharge.

Appears in 1 contract

Samples: Amended and Restated Sublease Agreement (Gordmans Stores, Inc.)

Tenant's Share and Payment. Tenant shall pay Tenant’s Tenants annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project Project: or Building (as applicable) which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon LandlordXxxxxxxx’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and TenantXxxxxx’s pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share of such costs and expenses for such period.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Chino Commercial Bancorp)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b1.13(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s Landlords'' election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s Lxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Txxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. (See Insert 4.05(f)) Section 4.06.

Appears in 1 contract

Samples: Southern Electronics Corp

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Provided Tenant is not in default under any of the terms or conditions of the Lease, Landlord will provide Tenant, within sixty (60) days of written request by Tenant and not more than one (1) time per year, copies of all statements and/or invoices for which Landlord has charged Tenant for that calendar year. Section 4.06.

Appears in 1 contract

Samples: Arizona Furniture Co

Tenant's Share and Payment. In the event that Landlord maintains the Common Areas pursuant to Paragraph 4.05(d), Tenant shall pay Tenant’s 's annual pro rata share of all Common Area Areas costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share of Building Common Area costs shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Building. Tenant's pro rata share of Project which is leased or held for lease Common Area costs shall be calculated by tenantsdividing the square foot area of the Property, as set forth in Section 1.04 of the date on which Lease, by the computation is madeaggregate square foot area of the Project. Tenant’s initial 's pro rata share is set out in Paragraph 1.12(b1.09(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. If applicable, Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlordlandlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments Sxxx xxxxstments shall be effective as of the next rent payment date after notice to Tenant. Within sixty one hundred twenty (60120) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of f such statement, there shall xxxxx be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Iomega Corp

Tenant's Share and Payment. Tenant shall pay Tenanttenant’s annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share is set out in Paragraph 1.12(b1.12 (b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 Section4.02 of the LeaseLese, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon LandlordXxxxxxxx’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Lese Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and TenantXxxxxx’s pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share of such costs and expenses for such period. The initial estimated budget for 2006 for Common Area costs are $0.095 per square foot total Five Thousand One Hundred Thirty ($5,130) Dollars and shall be reimbursed monthly in advance.

Appears in 1 contract

Samples: Liquidity Services Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s annual 's pro rata share of all Common Area costs (prorated for any fractional monthmonth of the Term or extension thereof) each month during the Term and any extension thereof upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an xx xx adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Any Common Area costs that are capital improvements, as defined by the Internal Revenue Code, shall be amortized over the useful life of such improvement and Tenant shall pay to Landlord such amortized amount monthly during the Term of this Lease and any extension thereof. Section 4.06.

Appears in 1 contract

Samples: Service 1st Bancorp

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Tenant's Share and Payment. Tenant shall pay Tenant’s annual pro rata share Pro-Rata Share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and monthly as provided in any event prior to delinquencySection 4.01 above. Tenant’s pro rata share Pro-Rata Share shall be calculated by dividing the rentable square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate rentable square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is madeProject. Tenant’s initial pro rata share Pro-Rata Share is set out in Paragraph Section 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time not more than once each twelve (12) month period based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata sharePro-Rata Share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share of such costs and expenses for such period.

Appears in 1 contract

Samples: Lease Agreement (Corgenix Medical Corp/Co)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of THE BUILDINGS BUILT OR WHICH MAY BE BUILT IN the Project which is leased or held for lease by tenants[***], as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b1.1 2(b). Any changes in the Common Area costs and/or the aggregate area of [***] SQUARE FOOT AREA OF THE BUILDINGS BUILT OR WHICH MAY BE BUILT IN the Project leased or held for lease during the Lease Term [***] shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s electionLandxxxx'x xlection, estimate in advance and charge to Tenant as Common Area costs, NOT MORE THAN ONE (1) TIME PER YEAR, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance Insurance premiums for which Tenant is Is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals Intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience Landxxxx'x xxperience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro Tenaxx'x xro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Cerprobe Corp

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b1.1(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Saratoga Beverage Group Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share Pro Rata Share of all Common Area costs Expenses (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s pro rata share 's Pro Rata Share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 1.05 of the this Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share Pro Rata Share is set out in Paragraph 1.12(b1.08(b). Any changes in the Common Area costs Expenses and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costsmonthly, all real property taxes Real Property Taxes for which Tenant is liable under Section 4.02 of the this Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the this Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the this Lease, and all other Common Area costs Expenses payable by Tenant hereunder. At Landlord’s election, Tenant shall pay such statements estimated amounts monthly along with Tenant's payment of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by LandlordBase Rent. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. At Landlord's election, such estimated Common Area Expenses shall be paid quarterly or monthly. Within sixty ninety (6090) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs Expenses paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata share's Pro Rata Share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Notwithstanding anything to the contrary contained herein, Landlord shall have the right, from time to time, to equitably allocate some or all of the Common Area Expenses for the Project among different portions or tenants of the Project ("Cost Pools"), in Landlord's reasonable discretion. The Common Area Expenses within each such Cost Pool shall be allocated and charged to the tenants within such Cost Pool in an equitable manner.

Appears in 1 contract

Samples: Industrial Real Estate Lease (All American Semiconductor Inc)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and as set forth in any event prior to delinquencythis Section 4.05(e) . Tenant’s 's pro rata share shall be has been calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial 's pro rata share is set out in Paragraph 1.12(b). Any changes Landlord represents and warrants to Tenant that Tenant's Prorata Share as set forth in the Common Area costs and/or the aggregate area Section 1.12(b) above is true and correct and has been calculated in accordance with IRAM standards in effect as of the Project leased or held for lease during the Lease Term shall be effective on the first day date of the month after such change occursthis Lease. Landlord may, at Landlord’s election, shall estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such Such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlordand Tenant shall pay such installments of estimated Common Area costs on a monthly basis. Landlord may adjust such estimates at any time of estimated Common Area costs based upon Landlord’s 's experience and reasonable anticipation of costscosts not more often than twice per year. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Any further payment due to Landlord shall be due and payable with tenant's next monthly payment of Base Rent. In the event that Tenant is entitled to a credit, such credit may be offset against Tenant's next monthly rental payment. Section 4.06.

Appears in 1 contract

Samples: Lease Agreement (Pc Mall Inc)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Paragraph 6.03(b) and Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata shareshare (the “Annual Statement”). Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period. Within sixty (60) days after receiving Landlord’s Annual Statement, Tenant, at Tenant’s sole cost and expense, may, upon advance written notice to Landlord and during Landlord’s reasonable business hours, cause a review of Landlord’s books and records directly related to costs for which Landlord has charged Tenant with respect to the preceding calendar year only to determine the accuracy of Landlord’s Annual Statement. Such inspection shall take place in Landlord’s offices and Tenant shall keep its review of the books and records confidential. If Tenant retains an agent, at Tenant’s sole cost and expense, to review Landlord’s records, the agent shall be an independent accountant of national standing which is reasonably acceptable to Landlord, is not compensated on a contingency basis and has entered into a confidentiality agreement with Landlord. Within sixty (60) days after the records are made available to Tenant, Tenant shall have the right to give Landlord written notice (an "Objection Notice") stating in specific detail any objection to the Annual Statement for that year. If Tenant provides Landlord with a timely Objection Notice, Landlord and Tenant shall work together in good faith to resolve any issues raised in Tenant’s Objection Notice. If Tenant fails to provide Landlord with a timely Objection Notice, Landlord’s Annual Statement shall be deemed final and binding, and Tenant shall have no further right to review or object to such statement. If Landlord and Tenant determine that Common Area costs for the calendar year are less than reported, Landlord shall provide Tenant with a credit against the next installment of Additional Rent in the amount of the overpayment by Tenant. Likewise, if Landlord and Tenant determine that Common Area costs for the calendar year are greater than reported, Tenant shall pay Landlord the amount of any underpayment within thirty (30) days after such determination. The records reviewed by Tenant shall be treated as confidential. In no event shall Tenant be permitted to review Landlord’s records or to dispute any statement of Common Area costs unless Tenant has paid and continues to pay all Rent when due.

Appears in 1 contract

Samples: Wrap Technologies, Inc.

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b1.13(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Vista Medical Technologies Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata rate share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such ' estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Activecare, Inc.

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata rate share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata rate share is set out in Paragraph 1.12(b1.13(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held hold for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, . Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata rate share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Lease Agreement (Ziasun Technologies Inc)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s Xxxxxxxx's election, reasonably estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other longer periodic intervals to be designated by Landlord. , Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Termterm, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: LML Payment Systems Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s annual pro rata share 's Pro Rata Share of all Common Area costs Costs (prorated for any fractional month) upon written notice from Landlord that such costs have been incurred and are due and payable, and in any event prior to delinquency. Tenant’s pro rata share 's "PRO RATA SHARE" shall be calculated by dividing as stated in Section 1.10(b) above, subject to a proportionate equitable adjustment if the square foot area size of the PropertyCommon Areas 7155 Lindell Road Xxx Vegas, as set forth in Nevada Nevada Power Company are adjusted pursuant to Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs4.05(a) above. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costsCosts, all real property taxes Real Property Taxes for which Tenant is liable under Section 4.02 4.02(c) of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the this Lease, and all other Common Area costs Costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs Costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord; provided, however, that unless otherwise notified by Landlord, Landlord shall bill Tenant monthly in advance for the estimated Common Area Costs (xxxxr than Real Property Taxes, which shall be billed quarterly) and Tenant shall pay Landlord the amount of such costs, as Additional Rent. Landlord may adjust such estimates at any time annually based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty one hundred twenty (60120) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs Costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata share's Pro Rata Share. Upon Landlord shall thereafter deliver to Tenant copies of all documentation that Tenant may reasonably request relative to the Common Area Costs paid or incurred by Landlord during that period, including, but not limited to, copies of service contracts, invoices, statements and billings, together with evidence of payments by Landlord, and includxxx xxx formulas and other accounting bases by which Landlord has computed Tenant's billings for a Common Area Costs. Landlord shall retain all such docxxxxxxxxon for a period of not less than three (3) years. Following receipt of such statementstatement and any such documentation, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period and Tenant shall pay only the amount for which Tenant is obligated for such period. The provisions of this Section 4.05(e) shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Sierra Pacific Resources /Nv/)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b1,13(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience Landxxxx'x xxperience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro Tenaxx'x xro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Full Line Distributors Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s Xxxxxxxx's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: One Source Technologies Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) ), so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Apex Pc Solutions Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b1.1(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience Landxxxx'x xxperience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro Tenaxx'x xro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Fresh Juice Co Inc

Tenant's Share and Payment. Tenant shall pay pay, in monthly installments to Landlord, Tenant’s annual pro rata share Pro-Rata Share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquencythe manner described in this Section 4.05(e). Tenant’s pro rata share “Pro-Rata Share” of the Project shall be calculated by dividing the square foot area of the Propertyrentable square feet of the Premises, as set forth in Section 1.04 of the Lease, by the aggregate rentable square foot area of the Project Building which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s initial pro rata share Pro-Rata Share of the Project is set out in Paragraph Section 1.12(b), and Tenant’s initial Pro-Rata Share of the offsite Common Area Expenses is set out in Section 4.05(a). Any changes in the Common Area costs and/or the aggregate area of the Project Building leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Upon written notice to Tenant, Landlord may, at Landlord’s election, shall estimate in advance and charge to Tenant as Common Area costs, Tenant’s Pro Rata Share of all real property taxes Real Property Taxes for the Project for which Tenant is liable under Section 4.02 of the Lease, Tenant’s Pro Rata Share of all insurance premiums for the Project for Exhibit 10.23 which Tenant is liable under Section 4.04 of the Lease, Tenant’s Pro Rata Share of all operation, maintenance and repair costs for the Project for which Tenant is liable under Section 6.04 4.05 and Section 6.03 of the Lease, and all other Common Area costs payable by Tenant with Common Area costs hereunder. At Landlord’s election, The level of such costs shall be in accordance with good commercial practices for comparable buildings in the area and shall not exceed competitive market rates. Such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time upon a material change in costs, based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty one hundred twenty (60120) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s pro rata sharePro-Rata Share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s share Pro-Rata Share of such costs and expenses for such periodperiod within thirty (30) days of receipt of such statement. Tenant may, within ninety (90) days after the communication of such adjustment, review Landlord’s records relating to Common Area costs covered by such adjustment, at Tenant’s sole cost and expense, at the place Landlord normally maintains such records during Landlord’s normal business hours. If following such review Tenant shall dispute one or more items and Landlord and Tenant are unable to agree as to any disputed items within fifteen (15) days after Tenant notifies Landlord of the dispute, then Tenant may at its sole cost and expense, engage an independent certified public accounting firm (which firm shall not have been engaged by either Landlord or Tenant for any purpose in the twelve months preceding the date of Tenant’s dispute notice) to audit Landlord’s records relating to the disputed items, which audit shall be scheduled promptly at the reasonable convenience of both Landlord and Tenant and shall take place in Landlord’s offices. If the results of such audit indicate that the aggregate cost or allocation of the disputed items is incorrect, then Landlord shall refund the discrepancy, and if the amount of the discrepancy is more than three percent (3%), then Landlord shall pay the reasonable costs of such audit.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Endologix Inc /De/)

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated prorate for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Propertyproperty, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of on the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s Xxxxxxxx's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s Xxxxxx's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that the Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Intellisys Group Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the PropertyProperty(23,712 SF), as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project (213,408 SF) which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Clearone Communications Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Anchor Pacific Underwriters Inc

Tenant's Share and Payment. Tenant shall pay Tenant’s annual to Landlord its pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquencyExpenses. Tenant’s pro rata share shall be calculated by dividing (a) a fraction, the square foot area numerator of which is the Floor Area of the PropertyPremises, as set forth in Section 1.04 1.4, or as increased during the Term, and the denominator of which is the aggregate leasable Floor Area in the Center. As of the Effective Date of this Lease, by Landlord estimates Tenant’s share of the aggregate Common Area Expenses to be equal to the sum of Sixty-Eight Cents ($0.68) per square foot area per month (that is , the monthly sum of One Thousand Four Hundred Sixty-Eight and 80/100 Dollars ($1,468.80), subject to the Project which is leased or held adjustments provided for lease by tenants, as of the date on which the computation is madein this Section 9.5). Tenant’s initial Tenant shall pay its pro rata share is set out of such estimated expenses in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area equal monthly installments concurrently with each installment of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to TenantBase Rent. Within sixty one hundred twenty (60120) days after the end of each calendar year or, if the Term terminates on other than the last day of a calendar year, then ninety (90) days after the Lease Termtermination date, Landlord shall deliver furnish to Tenant a detailed and itemized statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, writing showing the Common actual common Area costs paid or Expenses incurred by Landlord during for the preceding calendar year or partial calendar year, as the case may be, and Tenant’s pro rata shareshare thereof. Upon receipt of Subject to Section 8.2(h), at such statement, there time an adjustment shall be an adjustment made between Landlord and Tenant, with payment so that Tenant’s payments of estimated CAM Obligations for the preceding year or partial year is equal to or credit given Tenant’s pro rata share of actual CAM Obligations for the same period. Any overpayment by Tenant shall be, at Landlord’s election, credited by Landlord to the monthly installments of estimated CAM Obligations falling due thereafter or refunded to Tenant, or, if the Lease has terminated, then any overpayment shall be credited against any amounts owed to Landlord by Tenant, or, if none, shall be paid to Tenant, and any underpayment by Tenant shall be paid to Landlord within thirty (as the case may be30) so that Landlord shall receive the entire amount days of Tenant’s share notice to Tenant of such costs and expenses for such periodunderpayment.

Appears in 1 contract

Samples: Retail Lease Agreement

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b1.13(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election's election(1), estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which the Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by LandlordLandlord(2). Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, . Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit credit(3) given by Landlord given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.periods.(4)

Appears in 1 contract

Samples: Sanctuary Woods Multimedia Corp

Tenant's Share and Payment. Tenant shall pay Tenant’s 's annual pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquency. Tenant’s 's pro rata share shall be calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. Tenant’s 's initial pro rata share is set out in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s 's election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s 's election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals Intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s 's experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to Tenant. Within sixty (60) days after the end of each calendar year of the Lease Term, Landlord shall deliver to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in In reasonable detail, the Common Area costs paid or incurred by Landlord during the preceding calendar year and Tenant’s 's pro rata share. Upon receipt of such statement, there shall be an adjustment between Landlord and Tenant, with payment to or credit given by Landlord (as the case may be) so that Landlord shall receive the entire amount of Tenant’s 's share of such costs and expenses for such period.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Informix Corp)

Tenant's Share and Payment. Tenant shall pay Tenant’s annual to Landlord its pro rata share of all Common Area costs (prorated for any fractional month) upon written notice from Landlord that such costs are due and payable, and in any event prior to delinquencyShop Buildings Expenses. Tenant’s pro rata share shall be calculated by dividing (a) a fraction, the square foot area numerator of which is the Floor Area of the PropertyPremises, as set forth in Section 1.04 1.4, or as increased during the Term, and the denominator of which is the aggregate leasable Floor Area in the Center, or (b) according to any other formula that Landlord may deem fair and equitable. On or before the Commencement Date and each calendar year thereafter, Landlord shall furnish to Tenant an itemized statement setting forth Landlord’s estimate of the Lease, by the aggregate square foot area of the Project which is leased or held for lease by tenants, as of the date on which the computation is made. total and Tenant’s initial pro rata share is set out of projected Shop Buildings Expenses for the immediately succeeding calendar year or partial calendar year. Tenant agrees to pay its pro rata share of such estimated expenses in Paragraph 1.12(b). Any changes in the Common Area costs and/or the aggregate area equal monthly installments concurrently with each installment of the Project leased or held for lease during the Lease Term shall be effective on the first day of the month after such change occurs. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant as Common Area costs, all real property taxes for which Tenant is liable under Section 4.02 of the Lease, all insurance premiums for which Tenant is liable under Section 4.04 of the Lease, all maintenance and repair costs for which Tenant is liable under Section 6.04 of the Lease, and all other Common Area costs payable by Tenant hereunder. At Landlord’s election, such statements of estimated Common Area costs shall be delivered monthly, quarterly or at any other periodic intervals to be designated by Landlord. Landlord may adjust such estimates at any time based upon Landlord’s experience and reasonable anticipation of costs. Such adjustments shall be effective as of the next rent payment date after notice to TenantBase Rent. Within sixty one hundred twenty (60120) days after the end of each calendar year of or, if the Lease Termterminates on other than the last day of a calendar year, then ninety (90) days after the termination date, Landlord shall deliver furnish to Tenant a statement prepared in accordance with generally accepted accounting principles setting forth, in reasonable detail, writing showing the Common Area costs paid or actual Shop Buildings Expenses incurred by Landlord during for the preceding calendar year or partial calendar year, as the case may be, and Tenant’s pro rata shareshare thereof. Upon receipt of At such statement, there time an adjustment shall be an adjustment made between Landlord and Tenant, with payment so that Tenant’s payments of estimated Shop Buildings Expenses for the preceding year or partial year are equal to or credit given Tenant’s pro rata share of actual Shop Buildings Expenses for the same period. Any overpayment by Tenant shall be, at Landlord’s option, credited by Landlord to the monthly installments of projected Shop Buildings Expenses falling due thereafter or refunded to Tenant, or, if the Lease has terminated, then any overpayment shall be credited against any amounts owed to Landlord by Tenant, or, if none, shall be paid to Tenant and any underpayment by Tenant shall be paid to Landlord within thirty (as the case may be30) so that Landlord shall receive the entire amount days of Tenant’s share notice of such costs and expenses for such periodunderpayment to Tenant.

Appears in 1 contract

Samples: Retail Lease Agreement

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