Common use of Year End Reconciliation Clause in Contracts

Year End Reconciliation. Within thirty (30) days following the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Year, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 above for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Annual Operating Cost Statement”). If on the basis of such the Annual Operating Cost Statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term of this Sublease is about to expire, promptly refund such excess to Subtenant. If on the basis of such the Annual Operating Cost Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Annual Operating Cost Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Following the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 3(b) above for the calendar year just ended, together with a copy of any corresponding statement Landlord’s Statement (as defined in the Master Lease) received by Sublandlord from Landlord (the “Sublandlord’s Annual Operating Cost Statement”). If on the basis of such the Annual Operating Cost Statement statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term of this Sublease is about to expireTerm will expire before such credit offsets the full excess, promptly refund such any remaining excess to SubtenantSubtenant within thirty (30) days after the expiration of the Sublease Term. If on the basis of such the Sublandlord’s Annual Operating Cost Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Sublandlord’s Annual Operating Cost Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following After the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement ("Sublandlord's Statement") of the adjustment to be made pursuant to Section 3.2 above 4.2 for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Annual Operating Cost Statement”)Landlord. If If, on the basis of such the Annual Operating Cost Statement Sublandlord's Statement, Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, . Sublandlord shall credit such excess to the next payments payment of Rent coming coining due or, if the term of this Sublease is about to expireexpire or has expired, promptly refund such excess to Subtenant. If If, on the basis of such the Annual Operating Cost Statement Sublandlord's Statement, Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Annual Operating Cost Statement statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Following the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 3(b) above for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Sublandlord’s Annual Operating Cost Statement”). If on the basis of such the Sublandlord’s Annual Operating Cost Statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, . Sublandlord shall credit such excess to the next payments of Additional Rent coming due or, if the term of this Sublease is about to expire, promptly refund such excess to Subtenant. If on the basis of such the Sublandlord’s Annual Operating Cost Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Sublandlord’s Annual Operating Cost Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Following the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 above or reconciliation of Operating Costs for the calendar year just ended, based upon, and together with with, a copy of any corresponding statement received by Sublandlord from Landlord (the “Annual Operating Cost Year-End Adjustment Statement”). If on the basis of such the Annual Operating Cost Year-End Adjustment Statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just endedended based on the Estimated Operating Costs Statement, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term Term of this Sublease is about to expire, promptly refund such excess to Subtenant. If on the basis of such the Annual Operating Cost Year-End Adjustment Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Annual Operating Cost Year-End Adjustment Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days Promptly following the receipt by Sublandlord of a final statement of Operating Costs Additional Rent from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 above 3(b) for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Sublandlord’s Annual Operating Cost Statement”). If on the basis of such the Sublandlord’s Annual Operating Cost Statement Statement, Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term of this Sublease is about to expire, promptly refund such excess to Subtenant. If on the basis of such the Sublandlord’s Annual Operating Cost Statement Statement, Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Sublandlord’s Annual Operating Cost Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Following the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 3(b) above for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Sublandlord’s Annual Statement” or an “Annual Operating Cost Statement”). If on the basis of such the Sublandlord’s Annual Operating Cost Statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term Term of this Sublease is about to expireexpire or has expired, promptly refund such excess to Subtenant. If on the basis of such the Sublandlord’s Annual Operating Cost Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Sublandlord’s Annual Operating Cost Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following after the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement (“Sublandlord’s Statement”) of the adjustment to be made pursuant to Section 3.2 above 4.2 for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Annual Operating Cost Statement”)Landlord. If on the basis of such the Annual Operating Cost Sublandlord’s Statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments payment of Rent coming due or, if the term of this Sublease is about to expire, promptly refund such excess to Subtenant. If on the basis of such the Annual Operating Cost Sublandlord’s Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Annual Operating Cost Statement statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Sublandlord’s receipt of the receipt final Statement delivered by Master Landlord to Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Sublease Base YearYear in accordance with Article 4 [Additional Rent] of the Master Lease, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 above for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Master Landlord (the “Annual Operating Cost Expense Statement”). If on the basis of such the Annual Operating Cost Expense Statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term final Expiration Date hereunder is less than thirty (30) days from the date of this Sublease is about to expiresuch determination, promptly refund such excess to Subtenant. If on the basis of such the Annual Operating Cost Expense Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Annual Operating Cost Expense Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following after the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of (“Sublandlord’s Statement”) the adjustment to be made pursuant to Section 3.2 above for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Annual Operating Cost Statement”)Landlord. If on the basis of such the Annual Operating Cost Sublandlord’s Statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments payment of Rent coming due or, if the term of this Sublease is about to expire, promptly refund such excess to SubtenantSubtenant within thirty (30) days of determination. If on the basis of such the Annual Operating Cost Sublandlord’s Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Annual Operating Cost Statement statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Following the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the any adjustment to be made pursuant to Section 3.2 above for the calendar year just endedended (“Sublandlord’s Annual Statement”), together with a copy of any corresponding Landlord’s statement of actual Operating Expense and Taxes received by Sublandlord from Landlord (the “Annual Operating Cost Landlord’s Statement”). If on the basis of such the Sublandlord’s Annual Operating Cost Statement Statement,Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term of this Sublease is about to expireTerm will expire before such credit offsets the full excess, promptly refund such any remaining excess to SubtenantSubtenant within thirty (30) days after the expiration of the Sublease Term. If on the basis of such the Sublandlord’s Annual Operating Cost Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Sublandlord’s Annual Operating Cost Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Following the receipt by Sublandlord of a final statement of Operating Costs Additional Rent from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 above 3(b) for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Sublandlord’s Annual Operating Cost Statement”). If on the basis of such the Sublandlord’s Annual Operating Cost Statement Statement, Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term of this Sublease is about to expire, promptly refund such excess to Subtenant. If on the basis of such the Sublandlord’s Annual Operating Cost Statement Statement, Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Sublandlord’s Annual Operating Cost Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Following the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 3(b) above for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Sublandlord’s Annual Operating Cost Statement”). If on the basis of such the Sublandlord’s Annual Operating Cost Statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term of this Sublease is about to expire, promptly refund such excess to Subtenant. If on the basis of such the Sublandlord’s Annual Operating Cost Statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Sublandlord’s Annual Operating Cost Statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Following the receipt by Sublandlord of a final statement an Operating Expense Statement (as defined in Section 2.6 of Operating Costs the Master Lease) from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 above for the calendar year just ended, together with a copy of any corresponding statement Operating Expense Statement received by Sublandlord from Landlord (the “Annual Operating Cost Statement”)Landlord. If on the basis of such the Annual Operating Cost Statement statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just ended, Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term of this Sublease is about to expire, promptly refund such excess to Subtenant. If on the basis of such the Annual Operating Cost Statement statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Annual Operating Cost Statement statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.

Year End Reconciliation. Within thirty (30) days following Following the receipt by Sublandlord of a final statement of Operating Costs from Landlord with respect to each calendar year following the Base Yearyear, Sublandlord shall deliver to Subtenant a statement of the adjustment to be made pursuant to Section 3.2 above for the calendar year just ended, together with a copy of any corresponding statement received by Sublandlord from Landlord (the “Annual Operating Cost Statement”)Landlord. If on the basis of such the Annual Operating Cost Statement statement Subtenant owes an amount that is less than the estimated payments actually made by Subtenant for the calendar year just endedended (including deductions from the Security Deposit made by Sublandlord pursuant to the 5th sentence of Section 4 below), Sublandlord shall credit such excess to the next payments of Rent coming due or, if the term of this Sublease has expired or is about to expire, promptly refund such excess to Subtenant. If on the basis of such the Annual Operating Cost Statement statement Subtenant owes an amount that is more than the estimated payments for the calendar year just ended previously made by Subtenant, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after delivery of the Annual Operating Cost Statement statement from Sublandlord to Subtenant. Sublandlord’s failure to timely deliver the Annual Operating Cost Statement will not diminish or nullify Subtenant’s obligation to pay (or Sublandlord’s obligation to refund to Subtenant) any reconciliation amount owed as a result of the calculations contained in the Annual Operating Costs Statement as described herein.