Common use of Correction of Operating Cost Share Rent Clause in Contracts

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year (the “Operating Cost Report”) setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment of Operating Cost Share Rent, refunding any overage directly to Tenant.

Appears in 2 contracts

Samples: Lease (Federal Home Loan Bank of Chicago), Lease (Federal Home Loan Bank of Chicago)

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Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the "Operating Cost Report") by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 2 contracts

Samples: Lease (Corillian Corp), Lease (Corillian Corp)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year the previous Fiscal Year (the “Operating Cost Report”) by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from TenantTenant (inclusive of any Equitable Adjustments thereto), and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 2 contracts

Samples: Sublease Agreement, Commercial Sublease Agreement (CreditCards.com, Inc.)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the "Operating Cost Report") by April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 2 contracts

Samples: Lease Agreement (Concord Camera Corp), Zilog Inc

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the "Operating Cost Report") by May 15 of each year, or as soon as --------------------- reasonably possible thereafter, setting forth form (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share RentRent next coming due, refunding or refund such excess for any overage directly to Tenantoverpayments made during the last year of the Term within thirty (30) days of the date on which the Operating Cost Report for such year is completed.

Appears in 2 contracts

Samples: Wavesplitter Technologies Inc, Wavesplitter Technologies Inc

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the “Operating Cost Report”) by April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the Base Operating Costs, (c) the amount of Operating Cost Share Rent due from Tenant, and (cd) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Lease (Everbridge, Inc.)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year the previous Fiscal Year (the "Operating Cost Report") by April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share RentRent next coming due; provided, refunding any overage directly however, that if the amount paid exceeds Tenant's payments of Operating Cost Share Rent coming due for the next 60 days, the difference shall be refunded to Tenant.

Appears in 1 contract

Samples: Lease (Concur Technologies Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the "Operating Cost Report") by April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Letter Agreement (Anadys Pharmaceuticals Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year the previous Fiscal Year (the “Operating Cost Report”) by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s payments of Rent next monthly payment coming due, or if no further payments of Operating Cost Share RentRent are coming due under this Lease because the Lease is terminating, refunding any overage directly such excess shall be refunded to TenantTenant within fifteen (15) days.

Appears in 1 contract

Samples: Lease Agreement (Metabasis Therapeutics Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the “Operating Cost Report”) by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment payments of Operating Cost Share RentRent next coming due or, refunding any overage directly if no additional payments of Operating Cost Share Rent are due, the excess will be credited against Rent or refunded to Tenant, at Tenant’s option.

Appears in 1 contract

Samples: Lease (Focus Enhancements Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous calendar year (the “Operating Cost Report”) by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Lease Agreement (Griffin Capital Net Lease REIT, Inc.)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the “Operating Cost Report”) by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Lease (Deltagen Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the "Operating Cost Report") by April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the Base Operating Costs, (c) the amount of Operating Cost Share Rent due from Tenant, and (cd) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Iss Group Inc

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the “Operating Cost Report”) by April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the Base Operating Costs, (c) the amount of Operating Cost Share Rent due from Tenant, and (cd) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment payments of Operating Cost Share Rent next coming due and, if such excess has not been fully applied within 2 months, then against other Rent, refunding any overage directly next becoming due. If this Lease has been terminated prior to such determination, such excess will be promptly paid to Tenant.

Appears in 1 contract

Samples: Lease (Realogy Corp)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall --------------------------------------- deliver to Tenant a report for such the previous fiscal year (the "Operating Cost Report") by May 15 of each year, or as soon as --------------------- reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Navisite Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year the previous Fiscal Year (the "Operating Cost Report") by April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the Base Operating Costs, (c) the amount of Operating Cost Share Rent due from Tenant, and (cd) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share RentRent next coming due, refunding any overage directly or if none, shall refund such excess to TenantTenant within thirty (30) days following the date of such report. Such obligation shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Education Lending Group Inc)

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Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the “Operating Cost Report”) by April 1 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Sublease (Vitria Technology Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year the previous Fiscal Year (the “Operating Cost Report”) by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from TenantTenant (inclusive of any Equitable Adjustments, as defined below, thereto), and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) 20 days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment payments of Operating Cost Share RentRent next coming due (or if the Term of this Lease has ended and Tenant has no further obligation to Landlord, refunding any overage directly then Landlord shall pay such excess to TenantTenant within 20 days of delivery of such Operating Cost Report).

Appears in 1 contract

Samples: Office Lease (Shattuck Labs, Inc.)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year the previous Fiscal Year (the "Operating Cost Report") by April 1st of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Fiscal Year Operating Costs incurredincurred for the Fiscal Year in question, (b) the Expense Stop, (c) the amount of Operating Cost Share Rent due from Tenant, and (c(I) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Lease (Calibrus, Inc.)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall --------------------------------------- deliver to Tenant a report for such the previous fiscal year (the "Operating Cost -------------- Report") by May 15 of each year, or as soon as reasonably possible thereafter, ------ setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Lease (Numerical Technologies Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the “Operating Cost Report”"OPERATING COST REPORT") by May 15th of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the Base Operating Costs, (c) the amount of Operating Cost Share Rent due from Tenant, and (cd) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Lease (Zamba Corp)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the "Operating Cost Report") by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from TenantTenant for the previous fiscal year or portion thereof, and (c) the amount of Operating Cost Share Rent paid by TenantTenant for the previous fiscal year or portion thereof. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s 's payments of Rent next monthly payment of Operating Cost Share Rent, refunding any overage directly to Tenantcoming due.

Appears in 1 contract

Samples: Lease Agreement (Icos Corp / De)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year the previous Fiscal Year (the "Operating Cost Report") by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the Base Operating Costs, (c) the amount of Operating Cost Share Rent due from Tenant, and (cd) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s 's payments of Rent next monthly payment coming due, or if no further payments of Operating Cost Share RentRent are coming due under this Lease because the Lease is terminating, refunding any overage directly such excess shall be refunded to TenantTenant within fifteen (15) days.

Appears in 1 contract

Samples: Lease (NovaCardia Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such year the previous Fiscal Year (the "Operating Cost Report") by April 1st of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Fiscal Year Operating Costs incurredincurred for the Fiscal Year in question, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment 's payments of Operating Cost Share RentRent next coming due (or, refunding any overage directly if this Lease has then expired, shall refund such excess to TenantTenant concurrently with the delivery of such Operating Cost Report).

Appears in 1 contract

Samples: Lease (Orthologic Corp)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the "Operating Cost Report") by May 15 of each year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty twenty (3020) days after such delivery, Tenant shall shall, pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s 's payments of Rent next monthly payment of Operating Cost Share Rent, refunding any overage directly to Tenantcoming due.

Appears in 1 contract

Samples: Lease (Integrated Communication Networks Inc)

Correction of Operating Cost Share Rent. Within one hundred eighty (180) days after the end of each calendar year which falls totally or partially within the Term, Landlord shall deliver to Tenant a report for such the previous fiscal year (the “Operating Cost Report”) by May 15 of each Lease Year, or as soon as reasonably possible thereafter, setting forth (a) the actual Operating Costs incurredIncurred, (b) the amount of Operating Cost Share Rent due from Tenant, and (c) the amount of Operating Cost Share Rent paid by Tenant. Within thirty (30) days after such delivery, Tenant shall pay to Landlord the amount due minus the amount paid. If the amount paid previously exceeds the amount due, Landlord shall apply the excess to Tenant’s next monthly payment payments of Operating Cost Share Rent, refunding any overage directly to TenantRent next coming due.

Appears in 1 contract

Samples: Lease Agreement (Rainmaker Systems Inc)

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