Common use of Payment of Additional Charges Clause in Contracts

Payment of Additional Charges. Upon the commencement of the lease term, Lessor shall submit to Lessee a statement of the anticipated charges described in Sections 9 (a) through 9 (d) above (hereinafter collectively referred to as "Adjustments") and of Lessee's pro rata share thereof for the period between such commencement and the following January and Lessee shall pay such charges, based upon such estimate, monthly in advance, in equal monthly payments, concurrently with the payment of minimum rent. Lessee shall continue to make said monthly payments until notified by Lessor of a change thereof. Lessor may, at any time, increase or decrease such estimated monthly payments in the event that Lessor reasonably determines that such estimated payments are incorrect or the percentage to be allocated to Lessee is adjusted. By April 1 of each year Lessor shall endeavor to give Lessee a statement showing the total Adjustments for the prior calendar year and Lessee's allocable share thereof, prorated from the commencement of rental. In the event the total of the monthly payments which Lessee has made for the prior calendar year be less than the Lessee's actual share of such Adjustments than Lessee shall pay the difference in a lump sum within ten (10) days after receipt of such statement from Lessor and shall concurrently pay one-twelfth (1/12) of such difference for each monthly payment theretofore made in the then calendar year and the amount of monthly payments which are then calculated as monthly Adjustments based on the prior year's experience nay be appropriately adjusted by Lessor. Any overpayment by Lessee shall be credited towards the monthly Adjustments next coming due. The actual Adjustments for the prior year shall be used for purposes of calculating the anticipated monthly Adjustments for the then year with actual determination of such Adjustments after each calendar year as above provided; excepting LESSOR INITIAL /S/ LESSEE INITIAL /S/ that in any year in which resurfacing or repainting of building exterior is contemplated Lessor shall be permitted to include the anticipated cost of same as part of the estimated monthly Adjustments. Even though the term has expired and Lessee had vacated the Premises, when the final determination is made of Lessee's share of said Adjustments for the year in which this Lease terminates, Lessee shall immediately pay any increase due over the estimated Adjustments previously paid and, conversely, any overpayment made shall be immediately rebated by Lessor to Lessee.

Payment of Additional Charges. Upon the commencement of the lease term, Lessor Lease Term Landlord shall submit to Lessee Tenant a statement Statement of the anticipated charges described in Sections 9 (a) through 9 (d) above (hereinafter collectively referred to as "Adjustments") and of Lessee's pro rata share thereof monthly Additional Charges for the period between such commencement and the following January January, and Lessee the Tenant shall pay such charges, based upon such estimate, these Additional Charges on a monthly in advance, in equal monthly payments, basis concurrently with the payment of minimum rent. Lessee shall continue Annually, and prior to make said monthly payments until notified by Lessor of a change thereof. Lessor may, at any time, increase or decrease such estimated monthly payments in the event that Lessor reasonably determines that such estimated payments are incorrect or the percentage to be allocated to Lessee is adjusted. By April 1 commencement of each calendar year Lessor during the term of this Lease, Landlord shall prepare and deliver to Tenant an estimate of the Additional Charges for the next calendar year, and Tenant shall pay the Additional Charges as set forth in said estimate on a monthly basis concurrently with the payment of rent during the calendar year to which such Additional Charges relate. (i) End of Year Adjustment—By March 31 of each year, Landlord shall endeavor to give Lessee Tenant a statement showing the total Adjustments for Additional Charges actually incurred during the prior calendar year and LesseeTenant's allocable allowable share thereof, prorated from the commencement of rental. In the event the total of the monthly payments which Lessee Tenant has made for the prior calendar year be is less than the LesseeTenant's actual share of such Adjustments than Lessee Additional Charges, then Tenant shall pay the difference in a lump sum within ten (10) days after receipt of such statement from Lessor and shall concurrently pay one-twelfth (1/12) of such difference for each monthly payment theretofore made in the then calendar year and the amount of monthly payments which are then calculated as monthly Adjustments based on the prior year's experience nay be appropriately adjusted by LessorLandlord. Any overpayment by Lessee Tenant shall be credited towards the monthly Adjustments payment for Additional Charges next coming due. The actual Adjustments for the prior year shall be used for purposes of calculating the anticipated monthly Adjustments for the then year with actual determination of such Adjustments after each calendar year as above provided; excepting LESSOR INITIAL /S/ LESSEE INITIAL /S/ that CAM expenses, including real estate taxes are not to increase more than Three and one half percent (3.5%) in any single year in which resurfacing or repainting (see Section 37.C., Type of building exterior is contemplated Lessor shall be permitted to include the anticipated cost Lease). (ii) End of same as part of the estimated monthly Adjustments. Lease Term Adjustment—Even though the term Lease Term has expired and Lessee had Tenant has vacated the Premises, when the final determination is made of LesseeTenant's share of said Adjustments Additional charges for the year in which this Lease terminatesTerminates, Lessee Tenant shall immediately pay any increase due over the estimated Adjustments Additional Charges previously paid and, conversely, any overpayment made shall be immediately rebated refunded by Lessor Landlord to LesseeTenant. Failure of Landlord to submit statements as called for under this section shall not be deemed to be a waiver of Tenant's requirement to pay sums as herein provided.