Common use of Actual Operating Expenses Clause in Contracts

Actual Operating Expenses. Within one hundred twenty (120) days after the end of each calendar year, Landlord shall submit a reasonably detailed statement to Tenant showing the actual Operating Expenses for such calendar year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Operating Expenses during the Base Year; provided that failure by Landlord to deliver such statement within the time specified above shall not relieve Tenant of any of its obligations hereunder. If for any calendar year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year exceed the Operating Expenses during the Base Year, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. If for any calendar year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year exceed the Operating Expenses during the Base Year, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after receipt of the statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or earlier termination of this Lease.

Actual Operating Expenses. Within Not more than one hundred twenty (120) days after the end of each calendar yearCalendar Year, Landlord shall submit a reasonably detailed statement to Tenant showing the actual Operating Expenses for such calendar year Calendar Year (but not any other or prior Calendar Year) and Tenant's ’s Proportionate Share of the amount by which such Operating Expenses exceed the Operating Expenses during the Base Year; provided that failure by Landlord to deliver such statement within the time specified above shall not relieve Tenant of any of its obligations hereunder. If for any calendar yearthe Calendar Year addressed in such statement, Tenant's ’s estimated monthly payments exceed Tenant's ’s Proportionate Share of the amount by which the actual Operating Expenses for such calendar year that Calendar Year exceed the Operating Expenses during the Base Year, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's ’s next monthly payments of estimated Operating ExpensesRent. If for any calendar year the Calendar Year addressed in the statement, Tenant's ’s estimated monthly payments are less than Tenant's ’s Proportionate Share of the amount by which the actual accrued Operating Expenses for such calendar year Calendar Year exceed the Operating Expenses during the Base Year, then Tenant shall pay the total amount of such deficiency to Landlord Landlord, not to exceed the Cap on increases provided in Section 7.8, within thirty (30) days after receipt of the statement from Landlord. Landlord's ’s and Tenant's ’s obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or earlier termination of this Lease.

Actual Operating Expenses. Within one hundred twenty (120) days after the end of each calendar yearCalendar Year, or as soon as possible thereafter, Landlord shall submit a reasonably detailed statement to Tenant showing the actual Operating Expenses for such calendar year Calendar Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Operating Expenses during the Base Year; provided that failure by Landlord to deliver such statement within the time specified above shall not relieve Tenant of any of its obligations hereunderExpense Stop. If for any calendar year, Calendar Year Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year Calendar Year exceed the Operating Expenses during the Base YearExpense Stop, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. If for any calendar year Calendar Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year Calendar Year exceed the Operating Expenses during the Base YearExpense Stop, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after receipt of the statement notice from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment under payment of Operating Expenses shall survive the expiration or earlier termination of this Lease.,

Actual Operating Expenses. Within one hundred twenty (120) days after the end of each calendar yearCalendar Year or as soon as possible thereafter, Landlord shall submit a reasonably detailed statement to Tenant showing the actual Operating Expenses for such calendar year Calendar Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Operating Expenses during the Base Year; provided that failure by Landlord to deliver such statement within the time specified above shall not relieve Tenant of any of its obligations hereunderExpense Stop. If for any calendar yearCalendar Year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year Calendar Year exceed the Operating Expenses during the Base YearExpense Stop, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. In the event that the credit exceeds Tenant's future monthly statements, the Landlord shall immediately reimburse such excess to Tenant in cash. If for any calendar year Calendar Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year Calendar Year exceed the Operating Expenses during the Base YearExpense Stop, then than Tenant shall pay the total amount of such deficiency to Landlord within thirty forty-five (3045) days after receipt of the statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or earlier termination of this Lease.

Actual Operating Expenses. Within one hundred twenty (120) days after ------------------------- the end of each calendar yearCalendar Year, Landlord shall submit a reasonably detailed statement to Tenant showing the actual Operating Expenses for such calendar year Calendar Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Operating Expenses during the Base Year; provided that failure by Landlord to deliver such statement within the time specified above shall not relieve Tenant of any of its obligations hereunder. If for any calendar yearCalendar Year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year Calendar Year exceed the Operating Expenses during the Base Year, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses, unless the Lease has expired wherein Landlord shall send such refund to Tenant at Tenant's forwarding address. If for any calendar year Calendar Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year Calendar Year exceed the Operating Expenses during the Base Year, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after receipt of the statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or earlier termination of this Lease.

Actual Operating Expenses. Within one hundred twenty (120) days after the end of each calendar yearCalendar Year, Landlord shall submit a reasonably detailed statement to Tenant showing the actual Operating Expenses for such calendar year Calendar Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Operating Expenses during the Base Year; provided that failure by Landlord to deliver such statement within the time specified above shall not relieve Tenant of any of its obligations hereunder. If for any calendar yearCalendar Year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year Calendar Year exceed the Operating Expenses during the Base Year, then Landlord shall either pay such amount to Tenant within thirty (30) days after the date of such statement, or give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating ExpensesExpenses and/or Base Rent. If for any calendar year Calendar Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual accrual Operating Expenses for such calendar year Calendar Year exceed the Operating Expenses during the Base Year, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after receipt of the statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or earlier termination of this Lease.

Actual Operating Expenses. Within one hundred twenty ninety (12090) days after the end of each calendar yearLease Year, Landlord shall submit a reasonably detailed statement to Tenant showing the actual Operating Expenses for such calendar year Lease Year and Tenant's Proportionate Share of the amount by which such Operating Expenses exceed the Operating Expenses during the Base Year; provided that failure by Landlord to deliver such statement within the time specified above shall not relieve Tenant of any of its obligations hereunder. If for any calendar yearLease Year, Tenant's estimated monthly payments exceed Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year Lease Year exceed the Operating Expenses during the Base Year, then Landlord shall give Tenant a credit in the amount of the overpayment toward Tenant's next monthly payments of estimated Operating Expenses. If for any calendar year Lease Year Tenant's estimated monthly payments are less than Tenant's Proportionate Share of the amount by which the actual Operating Expenses for such calendar year Lease Year exceed the Operating Expenses during the Base Year, then Tenant shall pay the total amount of such deficiency to Landlord within thirty (30) days after receipt of the statement from Landlord. If Tenant fails to pay such deficiency within thirty (30) days from receipt of the statement from Landlord, Tenant shall pay Landlord a late charge of five percent (5%) of the amount of such deficiency and any such deficiency shall bear interest, at the Interest Rate, from the thirty-first (31st) day to the date of payment thereof by Tenant. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of Operating Expenses shall survive the expiration or earlier termination of this LeaseLease for a period of one (1) year.