Common use of Annual Calculation Clause in Contracts

Annual Calculation. Within 30 days of the end of the fiscal ------------------ year of PMSI, PMSI shall submit to WAL a statement setting forth the actual fees (the "Actual Rental") for the Sublet Facility, calculated as the product of (i) the total rental obligations and Expenses of PMSI for the Facility and (ii) (A) the actual square footage comprising the Sublet Facility (as adjusted if necessary pursuant to Section 1.01(b)) divided by (B) the total square footage of the Facility. In the event the Actual Rental exceeds the aggregate Monthly Rental and Expenses payments received by PMSI from WAL in respect of the fiscal year, WAL shall remit to PMSI, within 30 days of receipt of the statement, the difference between said amounts. In the event the Actual Rental is less than the aggregate Monthly Rental and Expenses payments received by PMSI from WAL in respect of the fiscal year, PMSI shall have no obligation to refund, rebate, credit or offset such amounts for the benefit of WAL, provided, however, that in -------- ------- the event the Actual Rental is less than the aggregate Monthly Rental and Expenses payments received by PMSI from WAL in respect of the fiscal year as a result of the square footage comprising the Sublet Facility having been reduced at PMSI's request, PMSI shall credit (or, in the case of the last year of this Agreement, refund) WAL with the difference.

Annual Calculation. Within 30 days of the end of the fiscal ------------------ year of PMSISource, PMSI Source shall submit to WAL a statement setting forth the actual fees (the "Actual Rental") for the Sublet Facility, calculated as the product of (i) the total rental obligations and Expenses of PMSI Source for the Phoenix Facility and (ii) (A) the actual square footage comprising the Sublet Facility (as adjusted if necessary pursuant to Section 1.01(b)) divided by (B) the total square footage of the Phoenix Facility. In the event the Actual Rental exceeds the aggregate Monthly Rental and Expenses payments received by PMSI Source from WAL in respect of the fiscal year, WAL shall remit to PMSISource, within 30 days of receipt of the statement, the difference between said amounts. In the event the Actual Rental is less than the aggregate Monthly Rental and Expenses payments received by PMSI Source from WAL in respect of the fiscal year, PMSI Source shall have no obligation to refund, rebate, credit or offset such amounts for the benefit of WAL, provided, however, that in -------- ------- the event the Actual Rental is less than the -------- ------- aggregate Monthly Rental and Expenses payments received by PMSI Source from WAL in respect of the fiscal year as a result of the square footage comprising the Sublet Facility having been reduced at PMSISource's request, PMSI Source shall credit (or, in the case of the last year of this Agreement, refund) WAL with the difference.