Common use of TENANT'S SHARE OF OPERATING COSTS Clause in Contracts

TENANT'S SHARE OF OPERATING COSTS. Tenant shall pay to Landlord, as additional rent, Xxxxxx's Pro Rata Share of Operating Costs (defined below). The Tenant shall pay to Landlord pro rata monthly installments on account of the projected amount of Operating Costs for each calendar year during the Lease Term in amounts reasonably calculated from time to time by Landlord, with an adjustment made after the close of the calendar year, to account for actual Operating Costs for such calendar year. Such pro rata estimate shall be capped at the prior year's actual costs plus 5%, not including the cost of additional services that were not provided in the prior year, but such cap on the estimated payments shall not relieve Tenant of its obligation to pay its Pro Rata Share of actual Operating Costs as required hereunder. If the total of such monthly installments in any calendar year is greater than Tenant's Proportionate Share of actual Operating Costs for such calendar year, Tenant shall be entitled to a refund. If Tenant has no outstanding monetary obligations to Landlord, Landlord shall promptly pay such amount to Tenant. In no event shall the Landlord credit Xxxxxx's account for an amount greater than the amount of Operating Costs actually paid in by Tenant during the calendar year. If the total of such monthly installments is less than such liability for such calendar year, Tenant shall pay to Landlord the amount of such difference, as additional rent, within thirty (30) days after Xxxxxx receives Landlord's invoice therefor. Landlord shall provide Tenant with a written statement of actual Operating Costs and Xxxxxx's Pro Rata share of the same by April 15 of the year following the year for which such statement is prepared, and any refund due Tenant shall also be made by May 15 of the same year. Tenant shall have the right to audit Xxxxxxxx's books and records related to Operating Costs and Real Estate Taxes, during regular business hours and upon reasonable advance notice to Landlord, within 90 days after the date of Landlord's yearly statement concerning Operating Costs. In the event that the audit reveals an overstatement of more than 5% of Operating Costs and Real Estate Taxes, Landlord shall be responsible for the reasonable cost of Tenant's audit.

TENANT'S SHARE OF OPERATING COSTS. Tenant shall pay In addition to Landlordthe Rent to be paid by Tenant, as additional rent, Xxxxxx's Pro Rata Share of Operating Costs (defined below). The Tenant shall pay to Landlord pro rata monthly installments its proportionate share (determined by its portion of the total rented area on a per rentable square foot basis) of the amount by which "Operating Costs (as hereinafter defined) for any calendar year or part thereof during the term of this Lease, exceed the Operating Costs for the Base Operating Year specified in Section 1.2 (prorated for less than a full year). Payments by Tenant on account of Tenant's share of such excess shall be made monthly and at the projected time and in the fashion herein provided for the payment of Rent. The amount so to be paid to Landlord shall be an amount from time to time estimated by Landlord to be sufficient to provide Landlord, in the aggregate, a sum equal to Tenant's share of Operating Costs such excess for each calendar year during the Lease Term in amounts reasonably calculated from time to time by Landlord, with an adjustment made of this Lease. Promptly after the close end of the calendar year, to account for actual Operating Costs for such calendar year. Such pro rata estimate shall be capped at the prior year's actual costs plus 5%, not including the cost of additional services that were not provided in the prior year, but such cap on the estimated payments shall not relieve Tenant of its obligation to pay its Pro Rata Share of actual Operating Costs as required hereunder. If the total of such monthly installments in any each calendar year is greater than Tenant's Proportionate Share during the Term of actual Operating Costs this Lease, Landlord shall submit to Tenant an accounting of costs for such calendar year, and Landlord shall certify to the substantial accuracy thereof. If payments theretofore made for such calendar year by Tenant exceed Tenant's share of Operating Costs according to such statement, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant; but, if the Tenant's share of Operating Costs is greater than payments theretofore made on account for such period, Tenant shall make suitable payment to Landlord within ten (10) days after being so advised by Landlord. Landlord shall have the same rights and remedies for the non-payment by Tenant of any amounts due on account of such Operating Costs as Landlord has hereunder for the failure of Tenant to pay the Rent. Payments by the Tenant to the Landlord on account of such Operating Costs shall not be considered as being held in trust, in escrow, or the like, by the Landlord; it being the express intent of the Landlord and the Tenant that the Tenant shall in no event be entitled to a refund. If receive interest upon, or any payments on account of earnings or profits derived from, such payments by the Tenant has no outstanding monetary obligations to the Landlord, Landlord shall promptly pay such amount to Tenant. In no event shall the Landlord credit Xxxxxx's account for an amount greater than the amount of Operating Costs actually paid in by Tenant during the calendar year. If the total of such monthly installments is less than such liability for such calendar year, Tenant shall pay to Landlord the amount of such difference, as additional rent, within thirty (30) days after Xxxxxx receives Landlord's invoice therefor. Landlord shall provide Tenant with a written statement of actual Operating Costs and Xxxxxx's Pro Rata share of the same by April 15 of the year following the year for which such statement is prepared, and any refund due Tenant shall also be made by May 15 of the same year. Tenant shall have the right to audit Xxxxxxxx's books and records related to Operating Costs and Real Estate Taxes, during regular business hours and upon reasonable advance notice to Landlord, within 90 days after the date of Landlord's yearly statement concerning Operating Costs. In the event that the audit reveals an overstatement of more than 5% of Operating Costs and Real Estate Taxes, Landlord shall be responsible for the reasonable cost of Tenant's audit.

TENANT'S SHARE OF OPERATING COSTS. Commencing on January 1, 2018, in the event that the Operating Costs (defined below) during any calendar year during the Lease Term exceed Operating Costs for the Base Operating Year (i.e., the Base Operating Costs), Tenant shall pay to Landlord, as additional rent, Xxxxxx's Pro Rata Tenant’s Proportionate Share of such excess (the “Operating Costs (defined belowExcess”). The Tenant shall pay to Landlord pro rata monthly installments on account of the projected amount of Operating Costs Excess for each Lease calendar year during the Lease Term in amounts reasonably calculated from time to time time, but not more than once during the Lease calendar year, by Landlord, Landlord with an adjustment made after the close of the Lease calendar year, to account for actual Operating Costs Excess for such Lease calendar year. Such pro rata estimate Landlord shall be capped at the prior year's actual costs plus 5%, not including the cost of additional services that were not provided in the prior year, but such cap on the estimated payments shall not relieve Tenant of its obligation to pay its Pro Rata Share deliver a statement of actual Operating Costs as required hereunderexpenses in line-item detail, consistently applied throughout the Lease Term, within ninety (90) days after the close of each Lease calendar Year. If the total of such monthly installments in any Lease calendar year is greater than Tenant's ’s Proportionate Share of actual Operating Costs Excess for such Lease calendar year, Tenant shall be entitled to a refund. If credit against Tenant’s monthly installments on account of projected Operating Costs Excess hereunder in the amount of such difference or, if the Lease Term has expired and Tenant has no outstanding monetary obligations to Landlord, Landlord shall promptly pay such amount to Tenant. In no event shall the Landlord credit Xxxxxx's account for an amount greater than the amount of Operating Costs actually paid in by Tenant during the calendar year. If the total of such monthly installments is less than such liability for such Lease calendar year, Tenant shall pay to Landlord the amount of such difference, as additional rent, within thirty (30) days after Xxxxxx Tenant receives Landlord's ’s invoice therefor. Landlord shall provide Tenant therefore, together with a written statement of actual Operating Costs all supporting and Xxxxxx's Pro Rata share of the same by April 15 of the year following the year for which such statement is prepared, and any refund due Tenant shall also be made by May 15 of the same year. Tenant shall have the right to audit Xxxxxxxx's books and records related to Operating Costs and Real Estate Taxes, during regular business hours and upon reasonable advance notice to Landlord, within 90 days after the date of Landlord's yearly statement concerning Operating Costs. In the event that the audit reveals an overstatement of more than 5% of Operating Costs and Real Estate Taxes, Landlord shall be responsible for the reasonable cost of Tenant's auditbackup documentation relevant thereto.

TENANT'S SHARE OF OPERATING COSTS. The Tenant shall pay to Landlord, as additional rent, Xxxxxx's Pro Rata Tenant’s Proportionate Share of increases in Operating Costs (defined below)) over the Operating Expense Base. The Tenant shall pay to Landlord pro rata monthly installments on account of the projected amount of increase in Operating Costs over the Operating Expense Base (as defined in Section 1.2) for each calendar lease year during the Lease Term in amounts reasonably calculated from time to time by Landlord, Landlord with an adjustment made after the close of the calendar lease year, to account for actual Operating Costs for such calendar lease year. Such pro rata estimate After the end of each lease year, Landlord shall submit to Tenant a reasonably detailed accounting of Operating Costs for such lease year, and Landlord shall certify to the accuracy thereof. The initial monthly payments on account of Operating Costs shall be capped at the prior year's actual costs plus 5%, not including the cost of additional services that were not provided in the prior year, but such cap on the estimated payments shall not relieve Tenant of its obligation to pay its Pro Rata Share of actual Operating Costs as required hereundernone per month. If the total of such monthly installments in any calendar lease year is greater than Tenant's ’s Proportionate Share of actual Operating Costs for such calendar lease year, Tenant shall be entitled to a refund. If credit against Tenant’s monthly installments on account of projected Operating Costs hereunder in the amount of such difference or, if the Lease Term has expired and Tenant has no outstanding monetary obligations to Landlord, Landlord shall promptly pay such amount to Tenant. In no event shall the Landlord credit Xxxxxx's Tenant’s account for an amount greater than the amount of Operating Costs actually paid in by Tenant during the calendar lease year. If the total of such monthly installments is less than such liability for such calendar lease year, Tenant shall pay to Landlord the amount of such difference, as additional rent, within thirty (30) days after Xxxxxx Tenant receives Landlord's ’s invoice therefor. Landlord shall provide Tenant with a written statement of actual Operating Costs and Xxxxxx's Pro Rata share of the same by April 15 of the year following the year for which such statement is prepared, and any refund due Tenant shall also be made by May 15 of the same year. Tenant shall have the right to audit Xxxxxxxx's books and records related to Operating Costs and Real Estate Taxes, during regular business hours and upon reasonable advance notice to Landlord, within 90 days after the date of Landlord's yearly statement concerning Operating Costs. In the event that the audit reveals an overstatement of more than 5% of Operating Costs and Real Estate Taxes, Landlord shall be responsible for the reasonable cost of Tenant's audit.

TENANT'S SHARE OF OPERATING COSTS. Commencing on January 1, 2018, in the event that the Operating Costs (defined below) during any calendar year during the Lease Term exceed Operating Costs for the Base Operating Year (i.e., the Base Operating Costs), Tenant shall pay to Landlord, as additional rent, Xxxxxx's Pro Rata Tenant’s Proportionate Share of such excess (the “ Operating Costs (defined belowExcess ”). The Tenant shall pay to Landlord pro rata monthly installments on account of the projected amount of Operating Costs Excess for each Lease calendar year during the Lease Term in amounts reasonably calculated from time to time time, but not more than once during the Lease calendar year, by Landlord, Landlord with an adjustment made after the close of the Lease calendar year, to account for actual Operating Costs Excess for such Lease calendar year. Such pro rata estimate Landlord shall be capped at the prior year's actual costs plus 5%, not including the cost of additional services that were not provided in the prior year, but such cap on the estimated payments shall not relieve Tenant of its obligation to pay its Pro Rata Share deliver a statement of actual Operating Costs as required hereunderexpenses in line-item detail, consistently applied throughout the Lease Term, within ninety (90) days after the close of each Lease calendar Year. If the total of such monthly installments in any Lease calendar year is greater than Tenant's ’s Proportionate Share of actual Operating Costs Excess for such Lease calendar year, Tenant shall be entitled to a refund. If credit against Txxxxx’s monthly installments on account of projected Operating Costs Excess hereunder in the amount of such difference or, if the Lease Term has expired and Tenant has no outstanding monetary obligations to Landlord, Landlord shall promptly pay such amount to Tenant. In no event shall the Landlord credit Xxxxxx's account for an amount greater than the amount of Operating Costs actually paid in by Tenant during the calendar year. If the total of such monthly installments is less than such liability for such Lease calendar year, Tenant shall pay to Landlord the amount of such difference, as additional rent, within thirty (30) days after Xxxxxx Tenant receives Landlord's ’s invoice therefor. Landlord shall provide Tenant therefore, together with a written statement of actual Operating Costs all supporting and Xxxxxx's Pro Rata share of the same by April 15 of the year following the year for which such statement is prepared, and any refund due Tenant shall also be made by May 15 of the same year. Tenant shall have the right to audit Xxxxxxxx's books and records related to Operating Costs and Real Estate Taxes, during regular business hours and upon reasonable advance notice to Landlord, within 90 days after the date of Landlord's yearly statement concerning Operating Costs. In the event that the audit reveals an overstatement of more than 5% of Operating Costs and Real Estate Taxes, Landlord shall be responsible for the reasonable cost of Tenant's auditbackup documentation relevant thereto.

TENANT'S SHARE OF OPERATING COSTS. The Tenant shall pay to Landlord, as additional rent, XxxxxxTenant's Pro Rata Proportionate Share of any increase in Operating Costs (defined below)below)over the Operating Cost Base. The Tenant shall pay to Landlord pro rata monthly installments on account of the projected amount of increase in Operating Costs over the Operating Expense Base (as defined in Section 1.2) for each calendar lease year during the Lease Term in amounts reasonably calculated from time to time by Landlord, Landlord with an adjustment made after the close of the calendar lease year, to account for actual Operating Costs for such calendar lease year. Such pro rata estimate The initial monthly payments on account of Operating Costs shall be capped at the prior year's actual costs plus 5%, not including the cost of additional services that were not provided in the prior year, but such cap on the estimated payments shall not relieve Tenant of its obligation to pay its Pro Rata Share of actual Operating Costs as required hereunder$_____ none _____ per month. If the total of such monthly installments in any calendar lease year is greater than Tenant's Proportionate Share of actual Operating Costs for such calendar lease year, Tenant shall be entitled to a refund. If credit against Tenant's monthly installments on account of projected Operating Costs hereunder in the amount of such difference or, if the Lease Term has expired and Tenant has no outstanding monetary obligations to Landlord, Landlord shall promptly pay such amount to Tenant. In no event shall the Landlord credit XxxxxxTenant's account for an amount greater than the amount of Operating Costs actually paid in by Tenant during the calendar lease year. If the total of such monthly installments is less than such liability for such calendar lease year, Tenant shall pay to Landlord the amount of such difference, as additional rent, within thirty (30) days after Xxxxxx Tenant receives Landlord's invoice therefor. Landlord shall provide Tenant with a written statement of actual Operating Costs and Xxxxxx's Pro Rata share of the same by April 15 of the year following the year for which such statement is prepared, and any refund due Tenant shall also be made by May 15 of the same year. Tenant shall have the right to audit Xxxxxxxx's books and records related to Operating Costs and Real Estate Taxes, during regular business hours and upon reasonable advance notice to Landlord, within 90 days after the date of Landlord's yearly statement concerning Operating Costs. In the event that the audit reveals an overstatement of more than 5% of Operating Costs and Real Estate Taxes, Landlord shall be responsible for the reasonable cost of Tenant's audit.`