Common use of Adjustment of Additional Rent Clause in Contracts

Adjustment of Additional Rent. ‌ Within one hundred and twenty (120) days after the end of each fiscal period referred to in Section 4.3, the Landlord shall deliver to the Tenant a statement (which statement shall be binding on the Landlord and the Tenant) as to the actual Additional Rent payable to the Landlord pursuant to Sections 4.2(a), (b) and (f) in respect of such fiscal period and a calculation of the amount by which such Additional Rent payable by the Tenant varies from the aggregate instalments paid by the Tenant on account of such Additional Rent for such fiscal period. Within thirty (30) days after the receipt of such statement, either the Tenant shall pay to the Landlord any amount by which the amount found payable by the Tenant with respect to such fiscal period exceeds the aggregate of the monthly payments made by it on account thereof or the Landlord shall pay to the Tenant any amount by which the amount found payable as aforesaid is less than the aggregate of such monthly payments. The rights and obligations under this Section shall survive the expiration or earlier termination of this Lease.

Adjustment of Additional Rent. ‌ Within one hundred and twenty (120) days after the end of each fiscal period referred to in Section 4.3, the Landlord shall deliver to the Tenant a statement (which statement shall be binding on the Landlord and the Tenant) as to the actual Additional Rent payable to the Landlord pursuant to Sections 4.2(a), (b) and (f) in respect of such fiscal period and a calculation of the amount by which such Additional Rent payable by the Tenant varies from the aggregate instalments paid by the Tenant on account of such Additional Rent for such fiscal period. Within thirty (30) days after the receipt of such statement, either the Tenant shall pay to the Landlord any amount by which the amount found payable by the Tenant with respect to such fiscal period exceeds the aggregate of the monthly payments made by it on account thereof or the Landlord shall pay to the Tenant any amount by which the amount found payable as aforesaid is less than the aggregate of such monthly payments. The rights and obligations under this Section shall survive the expiration or earlier termination of this Lease.