Adjustment for Variation Between Estimated and Actual Clause Samples

The "Adjustment for Variation Between Estimated and Actual" clause establishes a mechanism for reconciling differences between projected figures and the actual outcomes in a contract, such as costs, quantities, or timelines. In practice, this clause allows for the contract price or deliverables to be modified if the actual results deviate from the initial estimates, ensuring that neither party is unfairly advantaged or disadvantaged by unforeseen changes. Its core function is to provide flexibility and fairness in contract execution by addressing the inherent uncertainty in estimates and ensuring that adjustments are made transparently when actual figures become known.
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Adjustment for Variation Between Estimated and Actual. If the Operating Cost and/or the Impositions for any calendar year exceed the Estimated Operating Cost and/or the Estimated Impositions, Tenant shall pay to Landlord Tenant’s Proportionate Share of such excess within thirty (30) days after presentation of Landlord’s statement pursuant to Section 2.06. If the Operating Cost and/or Impositions for any calendar year is less than the Estimated Operating Cost and/or the Estimated Impositions, then Landlord shall pay to Tenant Tenant’s Proportionate Share of such difference within thirty (30) days after the Operating Cost Adjustment and/or the Impositions Adjustment is finally determined. Should the Term commence or terminate at any time other than the first day of a calendar year, Tenant’s Proportionate Share of the Operating Cost Adjustment and/or Impositions Adjustment shall be prorated for the exact number of calendar days for which Tenant is obligated to pay Gross Rent, and in the case of the expiration of this Lease or any early termination, the provisions of this Section 2.07 shall survive such expiration or termination.
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Adjustment for Variation Between Estimated and Actual. If the ----------------------------------------------------- Basic Operating Cost Adjustment for any calendar year is a positive number (i.e., actual cost exceeds estimated cost) Tenant shall pay to Landlord, pursuant to Landlord's billing therefor (submitted pursuant to Section 3.07), Tenant's Proportionate Share of the Basic Operating Cost Adjustment within thirty (30) days after presentation of Landlord's statement. If the Basic Operating Cost Adjustment for any calendar year is a negative number (i.e., estimated cost exceeds actual cost), then Landlord at Landlord's option shall pay Tenant's Proportionate Share of the Basic Operating Cost Adjustment to Tenant in cash, within ten (10) days after the Basic Operating Cost Adjustment is finally determined, or credit said amount against future installments of Estimated Basic Operating Cost payable by Tenant hereunder. Should the Term commence or terminate at any time other than the first day of a calendar year, Tenant's Proportionate Share of the Basic Operating Cost Adjustment shall be prorated for the exact number of calendar days during such calendar year that fall within the Term.
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Adjustment for Variation Between Estimated and Actual. If ▇▇▇▇▇▇’s Proportionate Share of Operating Costs for any calendar year exceeds the payments received by Landlord towards Tenant’s Proportionate Share of Estimated Operating Costs for such year, Tenant shall pay to Landlord Tenant’s Proportionate Share of the Operating Costs Adjustment within thirty (30) days after the date of the Landlord’s Cost Statement. If the Tenant’s Proportionate Share of Operating Costs for any calendar year is less than the payments received by Landlord towards Tenant’s Proportionate Share of Estimated Operating Costs for such year, then Landlord, at Landlord’s option, shall either (a) pay Tenant’s Proportionate Share of the Operating Costs Adjustment to Tenant in cash within thirty (30) days after the date of ▇▇▇▇▇▇▇▇’s Cost Statement, or (b) credit said amount against future installments of Estimated Operating Costs payable by Tenant hereunder. If the Term commences or terminates at any time other than the first day of a calendar year, ▇▇▇▇▇▇’s Proportionate Share of the Operating Costs Adjustment shall be calculated based upon the exact number of calendar days during such calendar year that fall within the Term, and any payment by Tenant or Landlord required hereunder shall be paid even if the Term has expired when such determination is made.
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Adjustment for Variation Between Estimated and Actual. If the Building Operating Cost Adjustment for any calendar year is a positive number (i.e., actual cost exceeds estimated cost) Tenant shall pay to Landlord, pursuant to Landlord’s billing therefor (submitted pursuant to Section 3.08), the Building Operating Cost Adjustment within thirty (30) days after presentation of Landlord’s Reconciliation Statement (as hereinafter defined). If the Building Operating Cost Adjustment for any calendar year is a negative number (i.e., estimated cost exceeds actual cost), then Landlord at Landlord’s option shall pay the Building Operating Cost Adjustment to Tenant in cash, within ten (10) days after the Building Operating Cost Adjustment is finally determined, or credit said amount against future installments of Rent payable by Tenant hereunder. Should the Term commence or terminate at any time other than the first day of a calendar year, the Building Operating Cost Adjustment shall be prorated for the exact number of calendar days during such calendar year that fall within the Term.
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Adjustment for Variation Between Estimated and Actual. If the Basic Operating Cost Adjustment for any calendar year is a positive number (i.e., actual cost exceeds estimated cost) Tenant shall pay to Landlord, pursuant to Landlord's billing therefor (submitted pursuant to Section 3.07), ▇▇▇▇▇▇'s Proportionate Share of the Basic Operating Cost Adjustment within sixty (60) days after presentation of Landlord's statement. If the Basic Operating Cost Adjustment for any calendar year is a negative number (i.e., estimated cost exceeds actual cost), then Landlord shall pay Tenant's Proportionate Share of the Basic Operating Cost Adjustment to Tenant in cash, within sixty(60) days after the Basic Operating Cost Adjustment is finally determined, or by credit against future installments of Estimated Basic Operating Cost payable by Tenant hereunder. Should the Term commence or terminate at any time other than the first day of a calendar year, ▇▇▇▇▇▇'s Proportionate Share of the Basic Operating Cost Adjustment shall be prorated for the exact number of calendar days during such calendar year for which Tenant is obligated to pay Gross Rent. This Section shall survive termination of the Lease to the extent necessary to account for the payment of the Basic Operating Cost Adjustment owed by either Party through the end of the Term or earlier termination of this Lease.
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Related to Adjustment for Variation Between Estimated and Actual

  • Adjustment of Consideration In the event that: (1) between the date of this Agreement and the Effective Time, the issued and outstanding Alacer Shares or the issued and outstanding SSR Shares shall have been changed into a different number of shares or a different class by reason of any stock split, reverse stock split, stock dividend, reclassification, redenomination or the like; (2) at the Effective Time, ▇▇▇▇▇▇’s representation and warranties in Section 3.1(1)(f) (Capitalization of Alacer) or SSR’s representations and warranties in Section 4.1(1)(f) (Capitalization of SSR) are not true in any non-de minimis respect relating to the number of fully diluted shares outstanding; (3) Alacer sets a record date for any dividend or other distribution on an Alacer Share that is prior to the Effective Time or Alacer pays any dividend or other distribution on an Alacer Share prior to the Effective Time; or (4) SSR sets a record date for any dividend or other distribution on an SSR Share that is prior to the Effective Time or SSR pays any dividend or other distribution on an SSR Share prior to the Effective Time, then the Consideration to be paid per Alacer Share, the Exchange Ratio and any other dependent items shall be equitably adjusted as follows: (a) in the case of the circumstances in paragraphs (1), (3) or (4) above, to provide to each Party and their respective shareholders the same economic effect as contemplated by this Agreement and the Arrangement but for such circumstances arising and to reflect the same good faith mutual intent of the Parties as of the date of this Agreement, and as so adjusted shall, from and after the date of such circumstances having arisen, be the Consideration to be paid per Alacer Share, the Exchange Ratio or other dependent item, subject to further adjustment in accordance with this sub-paragraph (a); and/or (b) in the case of the circumstances in paragraph (2) above, to provide to each Party and their respective shareholders the same economic effect as contemplated by this Agreement and the Arrangement and to reflect the same good faith mutual intent of the Parties as of the date of this Agreement assuming such representations and warranties are true and correct in all such respects as written, and as so adjusted shall be the Consideration to be paid per Alacer Share, the Exchange Ratio or other dependent item, subject to further adjustment in accordance with this sub-paragraph (b). Nothing in this Section 2.16 shall derogate from the covenants, terms and conditions in this Agreement or be construed to permit Alacer, SSR or any of their respective subsidiaries to take any action that is otherwise prohibited by the terms of this Agreement.