Common use of Pass-Through Charges Clause in Contracts

Pass-Through Charges. Tenant shall pay to Landlord Tenant’s Proportionate Share of all Common Area Maintenance Charges (“Pass-Through Charges”), which shall be determined for each year by multiplying the total Common Area Maintenance Charges by Tenant’s Proportionate Share, expressed as a fraction. Upon the Rent Commencement Date, Landlord shall submit to Tenant a statement of the anticipated monthly Pass-Through Charges (for the period between the Commencement Date and the following January) and Tenant shall pay these charges as Additional Rent. In any year in which resurfacing of the parking lots or driveways or other similar capital improvements are contemplated, to the extent same may be passed through as Common Area Maintenance Charges, Landlord shall be permitted to include the anticipated cost of same as part of the estimated monthly Passthrough Charges. By March 1st of each year Landlord shall endeavor to give Tenant a statement showing the total Common Area Maintenance Charges for the Property for the prior calendar year and Tenant's Proportionate Share thereof. In the event the total of the monthly payments which Tenant has made for the prior calendar year is less than the Tenant's actual share of such Pass-Through Charges, then Tenant shall pay the difference in a lump sum within ten days after receipt of such notice from Landlord. Any overpayment by Tenant shall be credited towards the Pass- Through Charges for the then current year, with actual determination of such Passthrough Charges after each calendar year as above provided. Unless Tenant objects to any such statement within thirty (30) days of receipt thereof, Tenant shall be deemed to have waived the right to make any objections to such statement or to the amount of Tenant’s Proportionate Share of Common Area Maintenance Charges for such calendar year. Even though the Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant's share of said Pass-Through Charges incurred through the date of termination of this Lease for the year in which this Lease terminates, Tenant shall immediately pay any increase due over the estimated Pass-Through Charges previously paid, and conversely, any overpayment made shall be immediately rebated by Landlord to Tenant. Failure of Landlord to submit statements as called for herein shall not be deemed to be a waiver of Tenant's requirement to pay sums as herein.

Appears in 1 contract

Sources: Retail Lease Agreement

Pass-Through Charges. Tenant shall pay to Landlord Tenant’s Proportionate Share of all Common Area Maintenance Charges (“Pass-Through Charges”), which shall be determined for each year by multiplying the total Common Area Maintenance Charges by Tenant’s Proportionate Share, expressed as a fraction. Upon the Rent Commencement Date, Landlord shall submit to Tenant a statement of the anticipated monthly Pass-Through Charges (for the period between the Commencement Date and the following January) and Tenant shall pay these charges as Additional Rent. In any year in which resurfacing of the parking lots or driveways or other similar capital improvements are contemplated, to the extent same may be passed through as Common Area Maintenance Charges, Landlord shall be permitted to include the anticipated cost of same as part of the estimated monthly Passthrough Pass-Through Charges. By March 1st of each year Landlord shall endeavor to give Tenant a statement showing the total Common Area Maintenance Charges for the Property for the prior calendar year and Tenant's Proportionate Share thereof. In the event the total of the monthly payments which Tenant has made for the prior calendar year is less than the Tenant's actual share of such Pass-Through Charges, then Tenant shall pay the difference in a lump sum within ten (10) days after receipt of such notice from Landlord. Any overpayment by Tenant shall be credited towards the Pass- Pass-Through Charges for the then current year, with actual determination of such Passthrough Pass-Through Charges after each calendar year as above provided. Unless Tenant objects to any such statement within thirty (30) days of receipt thereof, Tenant shall be deemed to have waived the right to make any objections to such statement or to the amount of Tenant’s Proportionate Share of Common Area Maintenance Charges for such calendar year. Even though the Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant's share of said Pass-Through Charges incurred through the date of termination of this Lease for the year in which this Lease terminates, Tenant shall immediately pay any increase due over the estimated Pass-Through Charges previously paid, and conversely, any overpayment made shall be immediately rebated by Landlord to Tenant. Failure of Landlord to submit statements as called for herein shall not be deemed to be a waiver of Tenant's requirement to pay sums as herein.

Appears in 1 contract

Sources: Retail Lease Agreement