Common use of Common Operating Expenses Clause in Contracts

Common Operating Expenses. Tenant shall pay Tenant's Common Share of Common Operating Expenses monthly in advance beginning on the Commencement Date and continuing on the first day of each calendar month throughout the Term. Landlord may require that Tenant pay Tenant's Common Share of Common Operating Expenses based on Landlord's written estimate thereof delivered to Tenant from time to time, and upon Tenant's receipt of any such notice from Landlord, the amount of such monthly installment payments shall change consistent with landlord's written estimate. Within a reasonable time after the end of each calendar year, Landlord shall furnish to Tenant a notice as to whether the estimated payments paid by Tenant were more or less than actually Common Operating Expenses. Within fifteen (15) days following delivery of a Landlord's Statement, together with any reasonable supporting documentation including copies of tax bills, Tenant shall pay to Landlord the amount of any underpayment of Common Operating Expenses. In the event that Tenant's payments exceed its liability for Common Operating Expenses, any such overpayment shall be credited against the monthly installments that are next due and payable by Tenant under this Section until such amount shall have been refunded to Tenant in full. Any excess payments made by Tenant during the Term that have not been so applied and outstanding at the end of the Term shall be paid to Tenant promptly following Landlord's final accounting for the final calendar year of the Term. Any delay or failure of Landlord in billing any Additional Rent as provided herein shall not constitute a waiver of or in any way impair the continuing obligation of Tenant to pay such rent adjustments hereunder.

Common Operating Expenses. As Additional Rent (defined in Section 3.4, below), Tenant shall pay Tenant's ’s Share (specified in Item 17 of the Basic Lease Information) of all Common Operating Expenses (defined in Schedule “1”); provided, however, Tenant shall pay Tenant’s Building Share (specified in Item 17 of the Basic Lease Information) of all Common Operating Expenses fairly allocable to the Tenant Space and paid with respect to the maintenance, repair and replacement of the Tenant Space. Tenant shall pay such share of the actual Common Operating Expenses incurred or paid by Landlord but not theretofore billed to Tenant within forty-five (45) days after receipt of a detailed, itemized written statement therefor from Landlord, on such periodic basis as Landlord shall designate, but in no event more frequently than once a month. Alternatively, Landlord may from time to time require that Tenant pay Tenant’s Share of Common Operating Expenses monthly in advance beginning on in estimated monthly installments, in accordance with the Commencement Date and continuing on following: (i) Landlord shall deliver to Tenant, Landlord’s reasonable estimate of the first day of each calendar month throughout the Term. Landlord may require that Tenant pay Tenant's Common Share of Common Operating Expenses based on it anticipates will be paid or incurred for the Landlord's written ’s fiscal year in question (Landlord may adjust such estimate thereof delivered to periodically if necessary but not more frequently than twice per calendar year); (ii) during such Landlord’s fiscal year Tenant from time to time, shall pay such share of the estimated Common Operating Expenses in advance in monthly installments as required by Landlord due with the installments of monthly Base Rent; and upon Tenant's receipt of any such notice from Landlord, the amount of such monthly installment payments shall change consistent with landlord's written estimate. Within a reasonable time (iii) within 90 days after the end of each calendar Landlord’s fiscal year, Landlord shall furnish to Tenant a statement in reasonable detail of the actual Common Operating Expenses paid or incurred by Landlord during the just ended Landlord’s fiscal year and thereupon there shall be an adjustment between Landlord and Tenant, with payment to Landlord or Tenant as the case may require, within forty-five (45) days after delivery by Landlord to Tenant of said statement, so that Landlord shall receive the entire amount of Tenant’s Share of all Common Operating Expenses for such Landlord’s fiscal year and no more. Tenant shall have the right at its expense, exercisable upon reasonable prior written notice to Landlord, to inspect and audit Landlord’s books and records as they relate to whether the estimated payments paid by Tenant were more or less than actually Common Operating Expenses. Within fifteen Such inspection must be within one (151) days following delivery year after Tenant’s receipt of a Landlord's Statement’s annual statement for the same, together and shall be limited to verification of the charges contained in such statement. Tenant may not withhold payment of such ▇▇▇▇ pending completion of such inspection. The Landlord’s books and records will be kept in accordance with any generally accepted accounting principles consistently applied. If Tenant’s audit of the books and records shows that Tenant’s share of the Common Operating Costs was five percent (5%) or more below the amount appearing on the statement, then Landlord will pay Tenant’s reasonable supporting documentation including copies costs of tax billsconducting the audit (either for internal or outside auditors), Tenant shall pay to Landlord and will immediately refund the amount of any underpayment of Common Operating Expenses. In the event that overpayment to Tenant's payments exceed its liability for Common Operating Expenses, any such overpayment shall be credited against the monthly installments that are next due and payable by Tenant under this Section until such amount shall have been refunded to Tenant in full. Any excess payments made by Tenant during the Term that have not been so applied and outstanding at the end of the Term shall be paid to Tenant promptly following Landlord's final accounting for the final calendar year of the Term. Any delay or failure of Landlord in billing any Additional Rent as provided herein shall not constitute a waiver of or in any way impair the continuing obligation of Tenant to pay such rent adjustments hereunder.

Common Operating Expenses. 8.1 Tenant’s Obligation to Pay Common Operating Expenses. Beginning with the Commencement Date, Tenant shall pay Tenant's Common to Landlord, in addition to the Base Monthly Rent, ▇▇▇▇▇▇’s Share of Common Operating Expenses (“Additional Rent”). The Additional Rent due hereunder shall be paid to Landlord monthly, in advance, in an amount reasonably estimated by Landlord to be Landlord’s approximate average monthly in advance beginning on expenditure for such Additional Rent, which estimated amount shall be reconciled at the Commencement Date and continuing on the first day end of each calendar month throughout the Term. Landlord may require that Tenant pay Tenant's Common Share of Common Operating Expenses based on Landlord's written estimate thereof delivered year as compared to Tenant from time to time▇▇▇▇▇▇▇▇’s actual expenditure for said Additional Rent items, and upon Tenant's receipt of any such notice from Landlordand, the amount of such monthly installment payments shall change consistent with landlord's written estimate. Within a reasonable time after the end by April 1 of each calendar year, Landlord shall furnish endeavor to provide to Tenant a notice as statement (each, an “Expense Statement”) showing the actual Additional Rent due to whether Landlord for the estimated prior calendar year. If the total of the monthly payments paid by of Additional Rent that Tenant were more or has made for the prior calendar year is less than actually Common Operating Expenses. Within fifteen (15) days following delivery of a the actual Additional Rent chargeable to Tenant for such prior calendar year, with Tenant paying to Landlord's Statement, together with upon demand, any reasonable supporting documentation including copies of tax bills, Tenant shall pay to Landlord the amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord applying any underpayment amount of Common Operating Expenses. In the event that Tenant's payments exceed its liability for Common Operating Expenses, any such overpayment shall be credited against the monthly installments that are next due and payable by Tenant under this Section until such amount shall have been refunded to Tenant in full. Any excess estimated payments made by Tenant during in excess of Landlord’s actual expenditures for said Additional Rent to Additional Rent next becoming due (or, if the Lease Term that have not been so applied will expire before such credit can be fully utilized or if the Lease Term has already expired, Landlord shall reimburse Tenant in cash). The respective obligations of Landlord and outstanding at Tenant under this Article 8 shall survive the end expiration or other termination of this Lease, and if the Lease Term shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the Lease Term expires or otherwise terminates shall be determined and settled on the basis of the Term statement of actual Additional Rent for such calendar year and shall be paid to Tenant promptly following Landlord's final accounting for prorated in the final proportion which the number of days in such calendar year of the Term. Any delay preceding such expiration or failure of Landlord in billing any Additional Rent as provided herein shall not constitute a waiver of or in any way impair the continuing obligation of Tenant termination bears to pay such rent adjustments hereunder365.