Common use of Operating Expense Clause in Contracts

Operating Expense. Tenant shall pay to Landlord, as additional rent, Tenant’s Proportionate Share of Operating Expense as defined below. The parties agree for the purpose of this Lease that Tenant’s Proportionate Share stated above has been calculated to represent the Premises’ pro rata share of Operating Expense for the Building and the Common Areas exclusively serving the Building. Operating Expense shall also include the Building’s pro rata share of any and all Operating Expense incurred with respect to (i) any Common Areas serving the Building and other buildings within the Project and (ii) the Chandler Airport Center Owners Association. The allocation of Operating Expense between the Building and any other buildings within the Project shall be determined by the Landlord, consistent with any recorded easements or other agreements governing such Operating Expense. The Tenant’s Proportionate Share stated above and any such allocation of Operating Expense between buildings within the Project shall be as reasonably determined by Landlord from time to time. Estimated amounts of such Operating Expense shall be paid in monthly installments in advance on or before the first day of each month during the Term. The initial estimated payment of Tenant’s Proportionate Share of Operating Expense is set forth in Section 1.9. From time to time during the Term, Landlord may notify Tenant in writing of any adjustment to the monthly installments to be paid by Tenant hereunder and, thereafter, Tenant shall make payments accordingly. Within ninety (90) days after the expiration of each calendar year or as soon thereafter as is reasonably practicable, Landlord shall notify Tenant of the actual Operating Expense for such calendar year and provide Tenant a statement thereof in reasonable detail. Within thirty (30) days after such notice, Tenant shall pay to Landlord or Landlord shall credit against the obligations of Tenant, as the case may be, the difference between the estimated payments made by Tenant during the prior calendar year and the actual amount of Tenant’s Proportionate Share of Operating Expense as shown on such statement. Tenant’s Proportionate Share of Operating Expense for the years in which the Term commences and ends shall be prorated based upon the number of days of the Term during such years. Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expense through the Termination Date shall survive termination.

Operating Expense. Tenant shall pay to Landlord as Additional Rent an amount equal to Tenant's Proportionate Share of Operating Expense for each Operating Year. Commencing with the first month of the Lease Term, Tenant shall pay to Landlord, as additional rent, Tenant’s Proportionate Share on account of the Operating Expense as defined belowfor such Operating Year, monthly installments in advance equal to one-twelfth (1/12th) of the Tenant's Operating Expense Estimate for such Operating Year. The parties agree If Tenant occupies the Leased Premises or portion thereof for less than a full Operating Year, the Operating Expense will be allocated proportionately to the amount of time in such Operating Year that Tenant so occupies such space. Within one hundred twenty (120) days following the end of each Operating Year, Landlord shall furnish Tenant an Operating Expense Statement setting forth (i) the Operating Expense for the purpose of this Lease that preceding Operating Year, (ii) Tenant’s 's Proportionate Share stated above has been calculated to represent Share, (iii) the Premises’ pro rata share Operating Expense Estimate paid by Tenant, and (iv) the amount overpaid or underpaid by Tenant on account of Operating Expense for such Operating Year (referred to herein as the Building and the Common Areas exclusively serving the Building. "Operating Expense shall also include Adjustment"). Within fifteen (15) days following the Building’s pro rata share of any and all Operating Expense incurred with respect to (i) any Common Areas serving the Building and other buildings within the Project and (ii) the Chandler Airport Center Owners Association. The allocation of Operating Expense between the Building and any other buildings within the Project shall be determined by the Landlord, consistent with any recorded easements or other agreements governing such Operating Expense. The Tenant’s Proportionate Share stated above and any such allocation of Operating Expense between buildings within the Project shall be as reasonably determined by Landlord from time to time. Estimated amounts receipt of such Operating Expense Statement (the "Expense Adjustment Date") Tenant shall pay to Landlord as Additional Rent any underpaid Operating Expense Adjustment for such Operating Year, or Landlord shall credit any overpaid Operating Expense Adjustment against the next installments of Annual Fixed Rent and Operating Expense Estimates becoming due under this Lease. The Operating Expense Statement shall also set forth a revised Operating Expense Estimate for the then current Operating Year (which revised estimate shall be paid in monthly installments in advance based on or before the first day of each month during the Term. The initial estimated payment of Tenant’s Proportionate Share of Operating Expense is set forth in Section 1.9. From time to time during the Term, Landlord may notify Tenant in writing of any adjustment to the monthly installments to be paid by Tenant hereunder and, thereafter, Tenant shall make payments accordingly. Within ninety (90) days after the expiration of each calendar year or as soon thereafter as is reasonably practicable, Landlord shall notify Tenant of the actual Operating Expense for the preceding Operating Year, adjusted by reasonable changes, such calendar year and provide Tenant a statement thereof as changes in reasonable detail. Within thirty (30) days after such notice, Tenant shall pay taxes or service contracts known to Landlord as of the date of the issuance of the Operating Expense Statement). The new Operating Expense Estimate shall be retroactive to the first day of the then current Operating Year, and any credits or Landlord adjustments shall credit against be handled in the obligations of Tenant, same manner as overpayments and underpayments for the case may bepreceding Operating Year. As used in this Section 6 and Section 1 where applicable, the difference between the estimated payments made by Tenant during the prior calendar year following words and the actual amount of Tenant’s Proportionate Share of Operating Expense as shown on such statement. Tenant’s Proportionate Share of Operating Expense for the years in which the Term commences and ends terms shall be prorated based upon the number of days of the Term during such years. Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expense through the Termination Date shall survive termination.defined as hereinafter set forth:

Operating Expense. Tenant shall pay to Landlord the Operating Expense Allowance in equal monthly installments, the first of which shall be payable upon execution of this Lease. If the term commences other than ont he first day of the calendar month, then the Operating expense Allowance for the first calendar month of the Term shall be adjusted to the succeeding month. Tenant's Proportionate Share of Operating Expense If Landlord's Operating Expense for any Operating Year shall be greater than the Operating Expense Allowance, Tenant shall pay to Landlord as additional rent an amount equal to Tenant's Proportionate Share of the difference (the amount of Tenant's Proportionate Share of such difference is hereinafter referred to as the "Operating Expense Adjustment"). If Tenant occupies the Premises or portion thereof for less than a full Operating Year, the Operating Expense Adjustment will be calculated in proportion to the amount of time in such Operating Year that Tenant occupied the Premises. Such Additional Rent shall be paid in the following manner: within 120 days following the end of the first and each succeeding Operating Year, Landlord shall furnish Tenant an Operating Expense Statement certified as true and correct setting forth (i) the Operating Expense for the preceding Operating Year, (ii) the Operating Expense Allowance and (iii) Tenant's Operating Expense Adjustment for such Operating Year. Within 10 days following the receipt of such Operating Expense Statement (the "Expense Adjustment Date") Tenant shall pay to Landlord as Additional Rent the Operating Expense Adjustment for such Operating Year. Commencing with the first month of the second Operating Year, Tenant shall pay to Landlord, as additional rent, Tenant’s Proportionate Share of in addition to the Operating Expense as defined below. The parties agree for Allowance, on account of the purpose of this Lease that Tenant’s Proportionate Share stated above has been calculated to represent the Premises’ pro rata share of Operating Expense Adjustment for the Building and the Common Areas exclusively serving the Building. Operating Expense shall also include the Building’s pro rata share of any and all Operating Expense incurred with respect to (i) any Common Areas serving the Building and other buildings within the Project and (ii) the Chandler Airport Center Owners Association. The allocation of Operating Expense between the Building and any other buildings within the Project shall be determined by the Landlord, consistent with any recorded easements or other agreements governing such Operating Expense. The Tenant’s Proportionate Share stated above and any such allocation of Operating Expense between buildings within the Project shall be as reasonably determined by Landlord from time to time. Estimated amounts of such Operating Expense shall be paid in Year, monthly installments in advance on or before equal to one-twelfth (1/12) of the first day of each month during the Term. The initial estimated payment of Tenant’s Proportionate Share of Operating Expense is set forth in Section 1.9. From time to time during the Term, Landlord may notify Tenant in writing of any adjustment to the monthly installments to be paid by Tenant hereunder and, thereafter, Tenant shall make payments accordingly. Within ninety (90) days after the expiration of each calendar year or as soon thereafter as is reasonably practicable, Landlord shall notify Tenant of the actual Operating Expense Adjustment for such calendar year Operating Year. As used in this Section 6(A) and provide Tenant a statement thereof in reasonable detail. Within thirty (30) days after such notice, Tenant shall pay to Landlord or Landlord shall credit against the obligations of Tenant, as the case may beSection 1 where applicable, the difference between the estimated payments made by Tenant during the prior calendar year following words and the actual amount of Tenant’s Proportionate Share of Operating Expense as shown on such statement. Tenant’s Proportionate Share of Operating Expense for the years in which the Term commences and ends terms shall be prorated based upon the number of days of the Term during such years. Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expense through the Termination Date shall survive termination.defined as hereinafter set forth: