Common use of Adjustment of Additional Rent Clause in Contracts

Adjustment of Additional Rent. Within ninety (90) days after the end of each Lease Year, the Landlord shall furnish to the Tenant a statement of the actual amount of Additional Rent payable by the Tenant for such preceding Lease Year and showing in reasonable detail the information relevant and necessary to the calculation thereof. If the amount payable by the Tenant as shown on such statement is more or less than the Additional Rent paid by the Tenant to the Landlord for such Lease Year pursuant to Article 2.02, the appropriate adjustment as between the Landlord and the Tenant shall be made within fourteen (14) days of delivery of such statement. Any payment made by the Landlord or made by the Tenant and accepted by the Landlord in respect of any adjustment made pursuant to this Article 2.03 shall be without prejudice to the right of the Landlord or the Tenant to claim a re-adjustment provided such claim if made by the Tenant is made within one hundred twenty (120) days after the Tenant's receipt of said statement and the reasonable detailed information relevant and necessary to the calculation thereof, or if made by the Landlord is made within one hundred twenty (120) days after, the date of delivery of the statement referred to in this Article 2.03. The Tenant shall have the right for a period of one hundred twenty (120) days following receipt of the aforesaid statement to, at its sole expense, inspect during the Landlord's normal business hours, subject to the inspection being reasonable in all the circumstances, any record kept or held by the Landlord of the costs or expenses claimed by the Landlord for such Lease Year which records shall be complete and the Landlord shall make its said records available accordingly.

Appears in 2 contracts

Samples: Agreement (Accpac International Inc), Original Lease Amending Agreement (Accpac International Inc)

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Adjustment of Additional Rent. Within ninety (90) days after the end of each Lease Year, the Landlord shall furnish to the Tenant a statement of the actual amount of Additional Rent payable by the Tenant for such preceding Lease Year and showing in reasonable detail the information relevant and necessary to the calculation thereof. If the amount payable by the Tenant as shown on such statement is more or less than the Additional Rent paid by the Tenant to the Landlord for such Lease Year pursuant to Article 2.02, the appropriate adjustment as between the Landlord and the Tenant shall be made within fourteen (14) days of delivery of such statement. Any payment made by the Landlord or made by the Tenant and accepted by the Landlord in respect of any adjustment made pursuant to this Article 2.03 shall be without prejudice to the right of the Landlord or the Tenant to claim a re-adjustment provided such claim if made by the Tenant is made within one hundred twenty ninety (12090) days after the Tenant's receipt of said statement and the reasonable detailed information relevant and necessary to the calculation thereofafter, or if made by the Landlord is made within one hundred twenty (120) days after, the date of delivery of the statement referred to in this Article 2.03. The Tenant shall have the right for a period of one hundred twenty ninety (12090) days following receipt of the aforesaid statement to, at its sole expense, inspect during the Landlord's normal business hours, subject to the inspection being reasonable in all the circumstances, any record kept or held by the Landlord of the costs or expenses claimed by the Landlord for such Lease Year which records shall be complete and the Landlord shall make its said records available accordingly.

Appears in 2 contracts

Samples: Lease (Mosaix Inc), Arterial Vascular Engineering Inc

Adjustment of Additional Rent. Within ninety (90) days after the end of each Lease Year, the Landlord shall furnish to the Tenant a statement of the actual amount of Additional Rent payable by the Tenant for such preceding Lease Year and showing in reasonable detail the information relevant and necessary to the calculation thereof. If the amount payable by the Tenant as shown on such statement is more or less than the Additional Rent paid by the Tenant to the Landlord for such Lease Year pursuant to Article 2.02, the appropriate adjustment as between the Landlord and the Tenant shall be made within fourteen (14) days of delivery of such statement. Any payment made by the Landlord or made by the Tenant and accepted by the Landlord in respect of any adjustment made pursuant to this Article 2.03 shall be without prejudice to the right of the Landlord or the Tenant to claim a re-adjustment provided such claim if made by the Tenant is made within one hundred twenty ninety (12090) days after the Tenant's receipt of said statement and the reasonable detailed information relevant and necessary to the calculation thereofafter, or if made by the Landlord is made within one hundred twenty (120) days after, the date of delivery of the statement referred to in this Article 2.03. The Tenant shall have the right for a period of one hundred twenty ninety (12090) days following receipt of the aforesaid statement to, at its sole expense, inspect during the Landlord's ’s normal business hours, subject to the inspection being reasonable in all the circumstances, any record kept or held by the Landlord of the costs or expenses claimed by the Landlord for such Lease Year which records shall be complete and the Landlord shall make its said records available accordingly.

Appears in 1 contract

Samples: VeriChip CORP

Adjustment of Additional Rent. Within ninety (90) days after the end conclusion of each Lease Yearlease year, the Landlord shall furnish to the Tenant a statement of compute the actual amount of such Additional Rent payable by actual amount of such Additional Rent, as well as the Sub-Tenant's actual aggregate share thereof pursuant to the applicable provisions of this Lease, and make available to the Sub-Tenant for such preceding Lease Year and examination a statement showing in reasonable detail the information relevant and necessary to the exact calculation thereofof such actual Additional Rent. If the Additional Rent, as set out in any such statement, exceeds the aggregate amount payable by of the Tenant as shown on such statement is more or less than the Additional Rent installments paid by the Tenant to the Landlord for such Lease Year pursuant to Article 2.024.04 in respect of such earlier estimated Additional Rent, the appropriate adjustment as between the Landlord and the Sub-Tenant shall be made pay to the Sub-Landlord the amount of the excess within fourteen fifteen (1415) days of the receipt of any such statement. If the contrary is the case, the Sub-Landlord shall either return it to the Sub-Tenant within fifteen (15) days of delivery of such statement. Any payment made by the Landlord statement or made by the Tenant and accepted by the Landlord in respect of any adjustment made pursuant to this Article 2.03 shall be without prejudice give credit to the right of Sub-Tenant for any such overpayment without interest. If for any reason beyond the Landlord or the Tenant to claim a re-adjustment provided such claim if made by the Tenant is made within one hundred twenty (120) days after the TenantLandlord's receipt of said statement and the reasonable detailed information relevant and necessary to the calculation thereof, or if made by control the Landlord is made within one hundred twenty (120) days after, the date of delivery of unable to deliver the statement hereinbefore referred to in this Article 2.03. The Tenant shall have within the right for a said period of one hundred twenty ninety (12090) days following receipt of the aforesaid statement todays, at its sole expense, inspect during the Landlord's normal business hours, subject to the inspection being reasonable in all the circumstances, any record kept or held by the Landlord of the costs or expenses claimed by the Landlord for such Lease Year which records shall be complete and the Landlord shall make its take all reasonable steps as may be necessary to deliver such statement as soon thereafter as is reasonably possible and the failure to provide such statement within the said records available accordinglyperiod shall not entitle the Sub-Tenant to withhold any sum payable to the Sub-Landlord hereunder, or to claim damages from the Sub-Landlord or Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Alttech Ventures Corp)

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Adjustment of Additional Rent. Within ninety (90) days after the end of each Lease Year, the Landlord shall furnish to the Tenant a statement of the actual amount of Additional Rent payable by the Tenant for such preceding Lease Year and showing in reasonable detail the information relevant and necessary to the calculation thereof. If the amount payable by the Tenant as shown on such statement is more or less than the Additional Rent paid by the Tenant to the Landlord for such Lease Year pursuant to Article 2.02, the appropriate adjustment as between the Landlord and the Tenant shall be made within fourteen thirty (1430) days of delivery of such statement. Any payment made by the Landlord or made by the Tenant and accepted by the Landlord in respect of any adjustment made pursuant to this Article 2.03 shall be without prejudice to the right of the Landlord or the Tenant to claim a re-adjustment provided such claim if made by the Tenant is made within one hundred twenty (120) days after the Tenant's receipt of said statement and the reasonable detailed information relevant and necessary to the calculation thereof, or if made by the Landlord is made within one hundred twenty (120) days after, the date of delivery of the statement referred to in this Article 2.03. The Tenant shall have the right for a period of one hundred twenty (120) days following receipt of the aforesaid statement to, at its sole expense, inspect during the Landlord's normal business hours, subject to the inspection being reasonable in all the circumstances, any record kept or held by the Landlord of the costs or expenses claimed by the Landlord for such Lease Year which records shall be complete and the Landlord shall make its said records available accordingly.

Appears in 1 contract

Samples: Brooks Automation Inc

Adjustment of Additional Rent. Within ninety six (90) days months after the end of each Lease Year, the Landlord shall furnish to the Tenant a statement of the actual amount of Additional Rent payable by the Tenant for such preceding Lease Year and showing in reasonable detail the information relevant and necessary to the calculation thereof. If Subject to Article 3.3 the amount payable by the Tenant as shown on such statement is more or less than the Additional Rent paid by the Tenant to the Landlord for such Lease Year pursuant to Article 2.023.3, the appropriate adjustment as between the Landlord and the Tenant shall be made within fourteen (14) days of delivery of such statement. Any payment made by the Landlord or made by the Tenant and accepted by the Landlord in respect of any adjustment made pursuant to this Article 2.03 3.4 shall be without prejudice to the right of the Landlord or the Tenant to claim a re-adjustment readjustment, provided such claim claim, if made by the Tenant Tenant, is made within ninety (90) days after, or if made by the Landlord, is made within one hundred twenty (120) days after the Tenant's receipt of said statement and the reasonable detailed information relevant and necessary to the calculation thereof, or if made by the Landlord is made within one hundred twenty (120) days after, the date of delivery of the statement referred to in this Article 2.033.4. The Tenant shall have the right right, at its sole expense, for a period of one hundred twenty ninety (12090) days following receipt of the aforesaid statement to, at its sole expense, to inspect during the Landlord's normal business hours, subject to the inspection being reasonable in all the circumstances, any record kept or held by the Landlord of the costs or expenses claimed by the Landlord for such Lease Year which records shall be complete and the Landlord shall make its said records available accordingly.

Appears in 1 contract

Samples: Smartire Systems Inc

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