Common use of Actual Statement Clause in Contracts

Actual Statement. By the first day of April of each succeeding calendar year during the Term of this Lease, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) of the actual Expenses for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Expenses for the previous year were over-paid or under-paid, then within thirty (30) days after delivery of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Expenses over the estimated Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April (or as soon as practicable thereafter) of each succeeding subsequent calendar year during the Term of this LeaseTerm, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of the actual Operating Expenses payable by Tenant for the immediately preceding calendar year. If the Actual Statement reveals that the amount Tenant’s Percentage of actual Operating Expenses was more than the Tenant’s Percentage of estimated Operating Expenses for paid by Tenant with respect to the previous year were over-paid or under-paidpreceding calendar year, then Tenant agrees to pay Landlord the difference in a lump sum within thirty (30) days after delivery of receipt of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. If the Actual Statement reveals that the Tenant’s Percentage of actual Operating Expenses was less than the Operating Expenses paid by Tenant with respect to the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant or promptly refund any overpayment to Tenant. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the Tenant’s Percentage of actual Operating Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such Tenant’s Percentage of actual Operating Expenses over the Tenant’s Percentage of estimated Operating Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April June (or as soon as practicable thereafter) of each succeeding subsequent calendar year during the Term of this LeaseTerm, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of the actual Operating Expenses payable by Tenant for the immediately preceding calendar year. If the Actual Statement reveals that the amount Tenant’s Percentage of actual Operating Expenses was more than the Tenant’s Percentage of estimated Operating Expenses for paid by Tenant with respect to the previous year were over-paid or under-paidpreceding calendar year, then Tenant agrees to pay Landlord the difference in a lump sum within thirty (30) days after delivery of receipt of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. If the Actual Statement reveals that the Tenant’s Percentage of actual Operating Expenses was less than the Operating Expenses paid by Tenant with respect to the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to reasonably estimate the Tenant’s Percentage of actual Operating Expenses for the then current calendar year to the end of the Term, and will have the right to collect from or reimburse to Tenant prior to Tenant’s surrender of the Premises, any difference of such Tenant’s Percentage Share of any excess actual Operating Expenses compared to the Tenant’s Percentage of such actual Expenses over the estimated Operating Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April of each succeeding calendar year during the Term of this Lease, Landlord shall endeavor to deliver to Tenant a statement (“"Actual Statement”") of the actual Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs and Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Expenses for the previous year Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and/or Excess Utilities Costs were over-paid stated or under-paidstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 4.8 above, then within thirty (30) days after delivery of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the next monthly rent falling due, the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant)payment, as the case may be. If Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs and Utilities Costs were overstated by more than five percent (5%), any credit or refund paid by Landlord to Tenant shall include interest at the Interest Rate for the period commencing January 1 of the calendar year in which the Actual Statement was delivered and ending on the date the Actual Statement is delivered to Tenant. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord’s 's acceptance of Tenant’s 's surrender of the Premises, Landlord will have the right to estimate the actual Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs for the then current calendar year to the end of the Term, Lease Year and will have the right to collect from Tenant prior to Tenant’s 's surrender of the Premises, Tenant’s 's Percentage Share of any excess of such actual Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs over the estimated Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April of each succeeding calendar year during the Term of this Lease, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”"ACTUAL STATEMENT") of the actual Expenses Real Property Taxes and Assessments, and Insurance Costs for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Expenses for the previous year Real Property Taxes and Assessments, and Insurance Costs were over-paid stated or under-paidstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 4.8 above, then within thirty (30) days after delivery of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, or Landlord shall credit Tenant against future Expenses the next monthly rent falling due, or, at Landlord's sole discretion, pay to Tenant the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant)payment, as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord’s 's acceptance of Tenant’s 's surrender of the Premises, Landlord will have the right to estimate the actual Expenses Real Property Taxes and Assessments, and Insurance Costs for the then current calendar year to the end of the Term, Lease Year and will have the right to collect from Tenant prior to Tenant’s 's surrender of the Premises, Tenant’s 's Percentage Share of any excess of such actual Expenses Real Property Taxes and Assessments, and Insurance Costs over the estimated Expenses Real Property Taxes and Assessments, and Insurance Costs paid by Tenant in such Lease Year. Within ninety (90) days after the end of the calendar year in which the Term expires or is terminated, Landlord shall deliver to Tenant an Actual Statement of Real Property Taxes and Assessments and Insurance Costs for said calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors statement reveals that Tenant overpaid its share has previously paid more than Tenant's Percentage of any Expensesactual Real Property Taxes and Assessments and Insurance Costs, Landlord shall refund to Tenant the amount of such overpayment any over-payment concurrently with its delivery of the Actual Statement to Tenant. If the Actual Statement reveals that Tenant's payments of estimated Real Property Taxes and Assessments and Insurance Costs for the preceding calendar year were less than Tenant's Percentage of the actual Real Property Taxes and Assessments and Insurance Costs, then Tenant shall pay any deficiency to Landlord within thirty (30) daysdays after receipt of the Actual Statement. If it is reasonably determined by such auditors that Tenant underpaid its share The obligations of any Expenses, Tenant the parties hereunder shall pay to Landlord survive the amount expiration or earlier termination of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditthis Lease.

Actual Statement. By the first day of April of each succeeding calendar year during the Term of this LeaseLease or as soon thereafter as reasonably possible, Landlord shall endeavor to deliver to Tenant a [Axesstel, Inc.] statement (“Actual Statement”) of the actual Operating Expenses and Excess Expenses for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Excess Expenses for the previous year were over-paid overstated or under-paidstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 4.6 above, then within thirty (30) days after delivery of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the next monthly rent falling due, the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant)payment, as the case may be. The failure of Landlord to timely furnish the Actual Statement for any calendar year shall not prejudice Landlord from enforcing its rights under this Article 4; provided, however, Landlord’s failure to provide Tenant with an Actual Statement for a particular calendar year within eighteen (18) months after the end of the calendar year in question, shall constitute a waiver of Landlord’s right to collect any Excess Expenses payable for such calendar year; provided further, however, that such limitation on Landlord’s ability to collect any Excess Expenses as a result of any late delivery of such Actual Statement shall not preclude Landlord from modifying any Actual Statement once such Actual Statement is timely delivered, as provided hereinabove, to correct any errors or reflect any new information received by Landlord with respect to the Operating Expenses shown on such Actual Statement (including, without limitation, as a result of any new or supplemental tax bills issued by the applicable taxing authority or any audit conducted by Tenant or any other tenant of the Project), so long as Landlord delivers such revised Actual Statement to Tenant by no later than eighteen (18) months after Landlord receives such new information. In the event that any such revised Actual Statement so delivered shows that an additional Excess Expenses are present, then Tenant shall pay to Landlord, within thirty (30) days of receipt of the revised Actual Statement, the amount of the additional Excess Expense. If any such revised Actual Statement reflects that Tenant has overpaid Tenant’s Percentage of Operating Expenses for such Expense Year, Landlord shall credit Tenant the amount of the overpayment toward Tenant’s next rent payment(s) due under the Lease, or, if the Lease Term has expired or been terminated, Landlord shall refund such overpayment to Tenant within thirty (30) days after the delivery of such revised Actual Statement. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Operating Expenses over the estimated Operating Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost All assessments and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does premiums which are not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund specifically charged to Tenant because of what Tenant has done, which can be paid by Landlord in installments without the amount imposition of such overpayment within thirty (30) days. If it fees, penalties or interest, shall be paid by Landlord in the maximum number of installments that are permitted by law without the imposition of fees, penalties or interest and not included as Operating Expenses except in the calendar year in which the assessment or premium installment is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditactually paid.

Actual Statement. By the first day of April of each succeeding calendar year Lease Year during the Term of this Lease, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) of the actual Operating Expenses for the immediately preceding calendar yearLease Year and which shall indicate the amount of the Excess. If The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article IV. Even though the Lease Term has expired and Tenant has vacated the Demised Premises, when the final determination is made of Tenant’s Percentage of Operating Expenses for the Expense Year in which this Lease terminates, is an Excess if present, Tenant shall pay to Landlord such amount within thirty (30) days, and if Tenant paid more as Estimated Excess than the actual Excess, Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the amount of the overpayment. Upon receipt of the Actual Statement reveals that for each Expense Year commencing or ending during the amount of estimated Expenses for the previous year were over-paid or under-paidLease Term, then if an Excess is present, Tenant shall pay, within thirty (30) days after delivery Tenant’s receipt of the such Actual Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as Estimated Excess, and if Tenant paid more as Estimated Excess than the actual Excess, Tenant shall pay to Landlord receive a credit in the amount of any such under-payment, or, Landlord shall credit Tenant Tenant’s overpayment against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may beRent next due under this Lease. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Expenses over the estimated Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April May of each succeeding subsequent calendar year during the Term of this Leaseafter the Base Year, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of the actual Expenses Operating Expenses, Taxes, Insurance Costs, and Utilities Costs and Excess Expenses, Excess Taxes, Excess Insurance Costs, and Excess Utilities Costs payable by Tenant for the immediately preceding calendar year. By the first day of May for the first calendar year after the Base Year, Landlord shall deliver an Actual Statement for the Base Year which states the Base Costs. If the Actual Statement reveals that the amount of estimated Expenses for the previous year Excess Expenses, Excess Taxes, Excess Insurance Costs, and/or Excess Utilities Costs were over-paid or under-paidstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 1.18 g. above, then within thirty (30) days after Landlord’s delivery of the Actual StatementStatement to Tenant, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. If the Actual Statement reveals that the Excess Expenses, Excess Taxes, Excess Insurance Costs, and/or Excess Utilities Costs were over-stated in any Estimate Statement (or revised Estimate Statement), Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Expenses Operating Expenses, Taxes, Insurance Costs, and Utilities Costs for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Expenses Operating Expenses, Taxes, Insurance Costs, and Utilities Costs over the estimated Expenses Operating Expenses, Taxes, Insurance Costs, and Utilities Costs paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April June (or as soon as practicable thereafter) of each succeeding subsequent calendar year during the Term of this LeaseTerm, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) which states Tenant’s Percentage of the actual Expenses Operating Expenses, Insurance Costs and Taxes payable by Tenant for the immediately preceding calendar year. If the Actual Statement reveals that Tenant’s Percentage of the actual amount of Operating Expenses, Insurance Costs and/or Taxes were more than Tenant’s Percentage of estimated Expenses for Operating Expenses, Insurance Costs and/or Taxes actually paid by Tenant with respect to the previous year were over-paid or under-paidpreceding calendar year, then Tenant agrees to pay Landlord the difference in a lump sum within thirty sixty (3060) days after delivery receipt of the Actual Statement, Tenant shall pay to Landlord . If the Actual Statement reveals that Tenant’s Percentage of the actual amount of any such under-paymentOperating Expenses, orInsurance Costs and/or Taxes were less than the corresponding costs actually paid by Tenant with respect to the preceding calendar year, Landlord shall will credit Tenant against future Expenses any overpayment toward the amount next monthly installment(s) of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Rent due from Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate Tenant’s Percentage of the actual Expenses amount of Operating Expenses, Insurance Costs and Taxes, to the extent not directly paid by Tenant, for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, any excess of Tenant’s Percentage Share of any excess of such actual Expenses amount of such Operating Expenses, Insurance Costs and Taxes over the estimated Expenses Tenant’s Percentage of such corresponding costs actually paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April June (or as soon as practicable thereafter) of each succeeding subsequent calendar year during the Term of this LeaseTerm, Landlord shall endeavor use commercially reasonable efforts to deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of the actual Operating Expenses payable by Tenant for the immediately preceding calendar year. If the Actual Statement reveals that the amount Tenant’s Percentage of actual Operating Expenses was more than the Tenant’s Percentage of estimated Operating Expenses for paid by Tenant with respect to the previous year were over-paid or under-paidpreceding calendar year, then Tenant agrees to pay Landlord the difference in a lump sum within thirty (30) days after delivery of receipt of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. If the Actual Statement reveals that the Tenant’s Percentage of actual Operating Expenses was less than the Operating Expenses paid by Tenant with respect to the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the Tenant’s Percentage of actual Operating Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such Tenant’s Percentage of actual Operating Expenses over the Tenant’s Percentage of estimated Operating Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard subject to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share parties reconciling in the manner described above after the end of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord calendar year during which the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditexpiration or termination occurs and making appropriate payments as described above.

Actual Statement. By Within one hundred twenty (120) days after the first day of April end of each succeeding calendar year during the Term of this LeaseLease following the Base Year, Landlord shall endeavor to will deliver to Tenant a statement (“"Actual Statement”") of which states the actual Expenses amounts incurred by Landlord for Operating Expenses, Real Property Taxes and Assessments, and Utilities Costs for the immediately preceding calendar year. If the Actual Statement reveals that Tenant's Percentage of any of the amount actual Operating Expenses, Real Property Taxes and Assessments, and/or Utilities Costs is more than the total additional rent paid by Tenant individually for Operating Expenses, Real Property Taxes and Assessments, and/or Utilities Costs, respectively, on account of estimated Expenses for the previous year were over-paid or under-paidpreceding calendar year, then Tenant agrees to pay Landlord the difference in a lump sum within thirty ten (3010) days after delivery of receipt of the Actual Statement, Tenant shall pay to Landlord . If the amount Actual Statement reveals that Tenant's Percentage of any such under-paymentof the actual Operating Expenses, orReal Property Taxes and Assessments, and/or Utilities Costs is less than the additional rent paid by Tenant individually for Operating Expenses, Real Property Taxes and Assessments, and/or Utilities Costs, respectively, on account of the preceding calendar year, Landlord shall will credit Tenant against future Expenses any overpayment toward the amount next monthly installments of such over-payment (or Monthly Base Rent due under this Lease; provided however, if the Term this Lease has expired or terminated and no further Expenses are dueTenant was not in default of any monetary or material nonmonetary obligation under this Lease upon the occurrence thereof, then Landlord will promptly refund any such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Expenses over the estimated Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April June (or as soon as practicable thereafter) of each succeeding subsequent calendar year during the Term of this Leaseafter the Base Year, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of actual Operating Expenses, Taxes, Insurance Costs, and Utilities Costs (the actual Expenses “Actual Expenses”) and Excess Expenses, Excess Taxes, Excess Insurance Costs, and Excess Utilities Costs (the “Actual Excess Expenses”) payable by Tenant for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Actual Excess Expenses for the previous year were over-paid or under-paidstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 1.18 g. above, then within thirty (30) days after Landlord’s delivery of the Actual StatementStatement to Tenant, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. If the Actual Statement reveals that the Actual Excess Expenses were over-stated in any Estimate Statement (or revised Estimate Statement), Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate provide Tenant with an Estimate Statement for the actual Estimated Expenses for the then current calendar year to the end of the Term, Lease Year and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Actual Excess Expenses over the estimated Estimated Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditLease Year.

Actual Statement. By the first day of April of each succeeding calendar year during the Term of this LeaseLease or as soon thereafter as reasonably possible, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) in reasonable detail of the actual Operating Expenses and Excess Expenses for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Excess Expenses for the previous year were over-paid stated or under-paidstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 4.6 above, then within thirty ninety (3090) days after delivery of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the next monthly rent falling due, the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant)payment, as the case may be; provided, however, that if the Lease has expired or will expire in accordance with its terms prior to the full application of such credit, then Landlord will promptly pay to Tenant such amount that will not be applied as a result thereof. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Operating Expenses over the estimated Operating Expenses paid by Tenant in such calendar year. Not more often than once each calendar If Tenant disputes the amount of Operating Expenses stated in the Actual Statement for that year, TenantTenant may, upon thirty at its sole expense, designate, within ninety (3090) days advance written after receipt of that Actual Statement, an independent certified public accountant acceptable to Landlord to inspect Landlord’s records. Tenant is not entitled to request that inspection, however, if an Event of Default exists. The accountant must be a member of a nationally recognized accounting firm, must not charge a fee based on the amount of Operating Expenses that the accountant is able to save Tenant by the inspection and must not have represented any other past or present tenant of the Project in connection with an audit of Operating Expenses. Tenant must give reasonable notice thereof to Landlord of the request for inspection, and the inspection must be conducted in Landlord’s offices at a reasonable time or times and must be concluded within one hundred twenty (120) days after Tenant’s receipt of such Actual Statement. Tenant may only cause one inspection of each Actual Statement. If, after that inspection, Tenant still disputes the Operating Expenses, a certification of the proper amount shall be made, at Tenant’s sole cost and expense, mayby Landlord’s independent certified public accountant. That certification shall be final and conclusive. If Operating Expenses are determined by such certification to have been overstated by Landlord for any calendar year by in excess of ten percent (10%), then Landlord shall pay the cost of the accountant providing the certification described above up to a maximum amount of $1,500. If Tenant fails to designate an accountant meeting the requirements of this Section 4.7 within ninety (90) days after receipt of such Actual Statement or fails to complete such inspection within one hundred twenty (120) days after Tenant’s receipt of such Actual Statement, such Actual Statement shall be deemed conclusive and binding on Tenant. As a condition precedent to any inspection by Tenant’s accountant, (x) Tenant and such accountant shall enter into Landlord’s standard form audit agreement, (y) Tenant’s accountant must agree not to represent any other present or future tenant at the Project in connection with an audit of Operating Expenses, and (z) Tenant shall deliver to Landlord a copy of Tenant’s written agreement with such accountant, which agreement shall include provisions which state that (i) retain Landlord is an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basisintended third party beneficiary of such agreement, or (ii) utilize an employee such accountant prepare written findings of its inspection and shall deliver a copy of the same to Landlord , and (iii) such accountant shall maintain in strict confidence any and all information obtained in connection with the review and shall not disclose such information to any person or entity other than to the management personnel of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined An overcharge of Operating Expenses by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund not entitle Tenant to terminate this Lease. Tenant acknowledges and agrees that, except as set forth in this Section 4.7 Tenant has no right to challenge or audit the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Operating Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By Within one hundred twenty (120) days after the first day of April end of each succeeding calendar year during the Term of this LeaseLease following the Base Year, Landlord shall endeavor to will deliver to Tenant a statement (“"Actual Statement”") of which states the actual Expenses amounts incurred by Landlord for Operating Expenses, Real Property Taxes and Assessments, and Utilities Costs for the immediately preceding calendar year. If the Actual Statement reveals that Tenant's Percentage of any of the amount actual Operating Expenses, Real Property Taxes and Assessments, and/or Utilities Costs is more than the additional rent paid by Tenant individually for Operating Expenses, Real Property Taxes and Assessments, and/or Utilities Costs, respectively, on account of estimated Expenses for the previous year were over-paid or under-paidpreceding calendar year, then Tenant agrees to pay Landlord the difference in a lump sum within thirty ten (3010) days after delivery of receipt of the Actual Statement, Tenant shall pay to Landlord . If the amount Actual Statement reveals that Tenant's Percentage of any such under-paymentof the actual Operating Expenses, orReal Property Taxes and Assessments, and/or Utilities Costs is less than the additional rent paid by Tenant individually for Operating Expenses, Real Property Taxes and Assessments, and/or Utilities Costs, respectively, on account of the preceding calendar year, Landlord shall will credit Tenant against future Expenses any overpayment toward the amount next monthly installments of such over-payment (or Tenant's Percentage of, as applicable, the Operating Expenses, Real Property Taxes and Assessments, and/or Utilities Costs due under this Lease; provided however, if the Term this Lease has expired or terminated and no further Expenses are dueTenant was not in default of any monetary or material nonmonetary obligation under this Lease upon the occurrence thereof, then Landlord will promptly refund any such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Expenses over the estimated Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April June (or as soon as practicable thereafter) of each succeeding subsequent calendar year during the Term of this Leaseafter the Base Year, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of actual Operating Expenses, Taxes, Insurance Costs, and Utilities Costs (the actual Expenses “Actual Expenses”) and Excess Expenses, Excess Taxes, Excess Insurance Costs, and Excess Utilities Costs (the “Actual Excess Expenses”) payable by Tenant for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Actual Excess Expenses for the previous year were over-paid or under-paidstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 1.18.g above, then within thirty (30) days after Landlord’s delivery of the Actual StatementStatement to Tenant, Tenant shall pay to Landlord the amount of any such under-payment. Subject to the limitations contained in Section 1.18.j, orsuch obligation will be a continuing one which will survive the expiration or earlier termination of this Lease or the early termination of possession of all or any portion of the Premises. If the Actual Statement reveals that the Actual Excess Expenses were over-stated in any Estimate Statement (or revised Estimate Statement), Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant, or if no further Rent is due hereunder, shall credit refund the same to Tenant against future Expenses within thirty (30) days after the amount date of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may beActual Statement. Such Landlord’s obligation to pay the under-payment or to refund the any overpayment will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate provide Tenant with an Estimate Statement for the actual Estimated Expenses for the then current calendar year to the end of the Term, Lease Year and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Actual Excess Expenses over the estimated Estimated Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditLease Year.

Actual Statement. By the first day of April Landlord will also use good faith efforts to deliver to Tenant by March 1, 1997 and by March 1 of each succeeding calendar year Comparison Year during the Term of this LeaseLease after the Base Year, Landlord shall endeavor to deliver to Tenant a statement (“"Actual Statement”") of which states the actual Operating Expenses for the immediately preceding calendar Comparison Year. If Landlord is unable to provide such a statement by March 1 of any year, then Landlord shall use good faith efforts to deliver such a statement to Tenant as soon as possible thereafter. If the Actual Statement reveals that Tenant's Percentage of the amount actual increases in Operating Expenses is more than the total Additional Rent paid by Tenant for Operating Expenses on account of estimated the preceding Comparison Year (with Operating Expenses for the previous year were over-paid or under-paidBase Year and any partial Comparison Year being prorated to calculate Tenant's percentage of increases in Operating Expenses payable for any partial Comparison Year), then Tenant shall pay Landlord the difference in a lump sum within thirty (30) days after delivery receipt of the Actual Statement, . If the Actual Statement reveals that Tenant's Percentage of increases in actual Operating Expenses is less than the Additional Rent paid by Tenant shall pay to Landlord for increases in Operating Expenses on account of the amount of any such under-payment, orpreceding Comparison Year, Landlord shall credit Tenant against future any overpayment toward the next monthly installment(s) of Tenant's Percentage of increases in Operating Expenses the amount of such over-payment (due under this Lease, or if the Term has expired and no further Expenses are dueexpired, refund Landlord shall pay such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Expenses over the estimated Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon within thirty (30) days advance written notice thereof to after Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit's determination.

Actual Statement. By the first day of April of each succeeding calendar year during the Term of this Lease, Landlord shall endeavor to deliver to Tenant a statement (“"Actual Statement”") of the actual Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Expenses for the previous year Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and/or Utilities Costs were over-paid stated or under-paidunderstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 4.8 above, then within thirty (30) days after delivery of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the next monthly rent falling due, the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant)payment, as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord’s 's acceptance of Tenant’s 's surrender of the Premises, Landlord will have the right to estimate the actual Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs for the then current calendar year to the end of the Term, Lease Year and will have the right to collect from Tenant prior to Tenant’s 's surrender of the Premises, Tenant’s 's Percentage Share of any excess of such actual Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs over the estimated Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditLease Year.

Actual Statement. By the first day of April of each succeeding calendar year during the Term of this Lease, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) of the actual Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Expenses for the previous year Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and/or Utilities Costs were over-paid stated or under-paidunderstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 4.8 above, then within thirty (30) days after delivery of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, provided Tenant is not in default under the terms of the Lease, Landlord shall credit Tenant against future Expenses the next monthly rent falling due, the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant)payment, as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs for the then current calendar year to the end of the Term, Lease Year and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs over the estimated Expenses Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditLease Year.

Actual Statement. By the first day of April of each succeeding calendar year during the Term of this Lease, Landlord shall endeavor to deliver to Tenant a statement (“"Actual Statement”") of the actual Expenses Operating Expenses, Real Property Taxes and Assessments and Insurance Costs for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Expenses for the previous year Operating Expenses, Real Property Taxes and Assessments and/or Insurance Costs were over-paid stated or under-paidstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 4.8 above, then within thirty (30) days after delivery of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the next monthly rent falling due (or, if the Term of the Lease has expired, Landlord shall pay to Tenant), the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant)payment, as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination of the Lease Term and Landlord’s 's acceptance of Tenant’s 's surrender of the Premises, Landlord will have the right to estimate the actual Expenses Operating Expenses, Real Property Taxes and Assessments and Insurance Costs for the then current calendar year to the end of the Term, Lease Year and will have the right to collect from Tenant prior to Tenant’s 's surrender of the Premises, Tenant’s 's Percentage Share of any excess of such actual Expenses Operating Expenses, Real Property Taxes and Assessments and Insurance Costs over the estimated Expenses Operating Expenses, Real Property Taxes and Assessments and Insurance Costs paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditLease Year.

Actual Statement. By the first day of April 1st of each succeeding calendar year during the Term of this Lease, Landlord shall endeavor to will also deliver to Tenant a statement (“Actual Statement”"ACTUAL STATEMENT") of which states the actual Operating Expenses for the immediately preceding calendar year. If the Actual Statement reveals that Tenant's Percentage of the amount actual Operating Expenses is more than the total Additional Rent paid by Tenant for Operating Expenses on account of estimated Expenses for the previous year were over-paid or under-paidpreceding calendar year, then Tenant agrees to pay Landlord the difference in a lump sum within thirty (30) days after of receipt of the Actual Statement. If the Actual Statement reveals that Tenant's Percentage of the actual Operating Expenses is less than the Additional Rent paid by Tenant for Operating Expenses on account of the preceding calendar year, Landlord will pay Tenant the difference in a lump sum upon delivery of the Actual Statement, Tenant shall pay together with interest thereon at the Interest Rate from April 1st of the calendar year during which the Actual Statement is to be delivered until the date of payment in the event the payment is made after the date the Actual Statement is required to be delivered pursuant to this Section. In addition, in the event that Landlord should fail to deliver an Actual Statement by December 31 of the amount of any such under-paymentyear during which the Actual Statement is to be delivered pursuant to this Section, or, then Landlord shall credit Tenant against future Expenses be deemed to have delivered an Actual Statement which confirms that the amount of such over-payment (or if amounts paid pursuant to the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation Estimate Statement were sufficient to pay the under-payment or to refund the overpayment will survive the expiration or earlier termination of this Lease. Prior to the expiration or sooner termination Tenant's Percentage of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses for the then current calendar year in question and to the end of the Term, and will have waived the right to collect any additional amounts therefor from Tenant. The foregoing time limit shall not be applicable to line items such as supplemental tax bills which are not reasonably available by such outside date, so long as Landlord promptly invoices Tenant prior upon learning of the existence and amount thereof. Nevertheless, if Landlord has failed to deliver an Actual Statement during the year it was due to be delivered to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Expenses over the estimated Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, TenantLandlord, upon thirty (30) days advance days' written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of demand by Tenant, shall prepare the Actual Statement and pay any amount accurately shown to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that be due Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditthereunder as specified above.

Actual Statement. By the first day of April June (or as soon as practicable thereafter) of each succeeding subsequent calendar year during the Term of this Leaseafter the Base Year, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of the actual Operating Expenses and Taxes and Excess Expenses and Excess Taxes payable by Tenant for the immediately preceding calendar year. The Actual Statement shall be itemized on a line item by line item basis, showing the applicable expense for the applicable year. If the Actual Statement reveals that the amount of estimated Excess Expenses for the previous year and/or Excess Taxes were over-paid or under-paidstated in any Estimate Statement (or revised Estimate Statement) previously delivered by Landlord pursuant to Section 1.18 g. above, then within thirty (30) days after Landlord’s delivery of the Actual StatementStatement to Tenant, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease; provided, however, Landlord shall have no right to reconcile the Operating Expenses (and Tenant shall have no liability for any underpayment) if Landlord has failed to deliver the Actual Statement by the last day of December of the subsequent calendar year. If the Actual Statement reveals that the Excess Expenses and/or Excess Taxes were over-stated in any Estimate Statement (or revised Estimate Statement), Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant, or, if such overpayment is revealed at the end of Term, refund such overpayment to Tenant within thirty (30) days after Landlord’s delivery of the Actual Statement. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate the actual Operating Expenses and Taxes for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Operating Expenses and Taxes over the estimated Operating Expenses and Taxes paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty year (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant any overpayment of the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any estimated Operating Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.

Actual Statement. By the first day of April July of each succeeding subsequent calendar year during the Term of this Leaseafter the Base Year, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of actual Operating Expenses, Taxes, Insurance Costs, and Utilities Costs (the actual Expenses “Actual Expenses”) and Excess Expenses, Excess Taxes, Excess Insurance Costs, and Excess Utilities Costs (the “Actual Excess Expenses”) payable by Tenant for the immediately preceding calendar year. If the Actual Statement reveals that the amount of estimated Actual Excess Expenses for the previous year were over-paid understated in any Estimate Statement (or under-paidrevised Estimate Statement) previously delivered by Landlord pursuant to Section 1.18 g. above, then within thirty (30) days after Landlord’s delivery of the Actual StatementStatement to Tenant, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this LeaseLease or the early termination of Tenant’s right to occupy the Premises. If the Actual Statement reveals that the Actual Excess Expenses were over-stated in any Estimate Statement (or revised Estimate Statement), Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant, or if the Term has expired, within thirty (30) days remit to Tenant the overpayment. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of Tenant’s surrender of the Premises, Landlord will have the right to estimate provide Tenant with an Estimate Statement for the actual Estimated Expenses for the then current calendar year to the end of the Term, Lease Year and will have the right to collect from Tenant prior to Tenant’s surrender of the Premises, Tenant’s Percentage Share of any excess of such actual Actual Excess Expenses over the estimated Estimated Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditLease Year.

Actual Statement. By the first day of April June (or as soon as practicable thereafter) of each succeeding subsequent calendar year during the Term of this LeaseTerm, Landlord shall endeavor to deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of the actual Operating Expenses payable by Tenant for the immediately preceding calendar year. If the Actual Statement reveals that the amount Tenant’s Percentage of actual Operating Expenses were more than the Tenant’s Percentage of estimated Operating Expenses for paid by Tenant with respect to the previous year were over-paid or under-paidpreceding calendar year, then Xxxxxx agrees to pay Landlord the difference in a lump sum within thirty (30) days after delivery receipt of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. If the Actual Statement reveals that the Tenant’s Percentage of actual Operating Expenses were less than the Operating Expenses paid by Tenant with respect to the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant or, if no such installments remain (i.e., following the expiration or earlier termination of the Lease), refund such amounts to Tenant within thirty (30) days. Prior to the expiration or sooner termination of the Term and Landlord’s acceptance of TenantXxxxxx’s surrender of the Premises, Landlord will have the right to estimate the Tenant’s Percentage of actual Operating Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to TenantXxxxxx’s surrender of the Premises, Tenant’s Percentage Share of any excess of such Xxxxxx’s Percentage of actual Operating Expenses over the Tenant’s Percentage of estimated Operating Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord shall reconcile the same with the actual Operating Expenses incurred by Landlord and who does not perform charge or refund Tenant for any underpayment or overpayment in accordance with this Section; provided, however, in the audit services on a contingent fee basis, or (ii) utilize event of an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined overpayment by such auditors that Tenant overpaid its share of any ExpensesXxxxxx, Landlord shall refund to reimburse Tenant the amount of for such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share days following Landlord’s delivery of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s auditActual Statement.

Actual Statement. By the first day of April June of each succeeding subsequent calendar year during the Term of this LeaseTerm, Landlord shall endeavor to deliver to Tenant a statement (“"Actual Statement”") which states the Tenant's Percentage of the actual Operating Expenses payable by Tenant for the immediately preceding calendar year. If the Actual Statement reveals that the amount Tenant's Percentage of actual Operating Expenses was more than the Tenant's Percentage of estimated Operating Expenses for paid by Tenant with respect to the previous year were over-paid or under-paidpreceding calendar year, then Tenant agrees to pay Landlord the difference in a lump sum within thirty (30) days after delivery receipt of the Actual Statement, Tenant shall pay to Landlord the amount of any such under-payment, or, Landlord shall credit Tenant against future Expenses the amount of such over-payment (or if the Term has expired and no further Expenses are due, refund such overpayment to Tenant), as the case may be. Such obligation to pay the under-payment or to refund the overpayment will be a continuing one which will survive the expiration or earlier termination of this Lease. If the Actual Statement reveals that the Tenant's Percentage of actual Operating Expenses was less than the Operating Expenses paid by Tenant with respect to the preceding calendar year, Landlord will credit any overpayment toward the next monthly installment(s) of Rent due from Tenant or returned to Tenant in a lump sum payment within thirty days following the end of the Term. Prior to the expiration or sooner termination of the Term and Landlord’s 's acceptance of Tenant’s 's surrender of the Premises, Landlord will have the right to estimate the Tenant's Percentage of actual Operating Expenses for the then current calendar year to the end of the Term, and will have the right to collect from Tenant prior to Tenant’s 's surrender of the Premises, Tenant’s Percentage Share of any excess of such Tenant's Percentage of actual Operating Expenses over the Tenant's Percentage of estimated Operating Expenses paid by Tenant in such calendar year. Not more often than once each calendar year, Tenant, upon thirty (30) days advance written notice thereof to Landlord, at Tenant’s sole cost and expense, may, (i) retain an independent Certified Public Accountant reasonably acceptable to Landlord and who does not perform the audit services on a contingent fee basis, or (ii) utilize an employee of Tenant, to review and audit Landlord’s books and records with regard to the Expenses. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses, Landlord shall refund to Tenant the amount of such overpayment within thirty (30) days. If it is reasonably determined by such auditors that Tenant underpaid its share of any Expenses, Tenant shall pay to Landlord the amount of such deficiency within thirty (30) days. If it is reasonably determined by such auditors that Tenant overpaid its share of any Expenses by more than five percent (5%), Landlord shall reimburse Tenant for the reasonable costs of Tenant’s audit.