Common use of Determination of Payment Clause in Contracts

Determination of Payment. (i) Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”) which shall set forth Landlord’s reasonable estimate (the “Estimate”) of what the total amount of Direct Costs for the then-current calendar year shall be (the “Estimated Direct Costs”) together with Tenant’s Proportionate Share thereof. The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs under this Section 3, once such Estimated Direct Costs have been determined by Landlord. Tenant shall pay, with its next installment of Monthly Basic Rental due, a fraction of the Estimated Direct Costs for the then-current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Determination of Payment. (i) Landlord shall give Tenant a yearly expense estimate statement (the “"Estimate Statement”") which shall set forth Landlord’s 's reasonable estimate (the “"Estimate”") of what the total amount of Direct Costs for the then-then- current calendar year shall be (the “"Estimated Direct Costs”) together with Tenant’s Proportionate Share thereof"). The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs under this Section Article 3, once such Estimated Direct Costs have been determined by Landlord. Tenant shall pay, with its next installment of Monthly Basic Rental due, a fraction of the Estimated Direct Costs for the then-then- current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i3(d)(i)). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Determination of Payment. (i) Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”) which shall set forth Landlord’s reasonable estimate (the “Estimate”) of what the total amount of Direct Costs for the then-current calendar year shall be (the “Estimated Direct Costs”) together with Tenant’s Proportionate Share thereofbe. The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs under this Section Article 3, once such Estimated Direct Costs have amount has been determined by Landlord. Tenant shall pay, with its next installment of Monthly Basic Rental duedue (but in no event sooner than thirty (30) days after delivery of the Estimate), a fraction of the Estimated Direct Costs Estimate for the then-current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i3(d)(i)). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total Estimated estimated Direct Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Determination of Payment. (i) Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”) which shall set forth Landlord’s reasonable estimate (the “Estimate”) of what the total amount of Direct Costs for the then-current calendar year shall be (the “Estimated Direct Costs”) ), together with the amount payable by Tenant for Tenant’s Proportionate Share thereofof such Estimated Direct Costs. The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs under this Section Article 3, once such Estimated Direct Costs have been determined by Landlord, subject to the terms of Section 3(d)(ii) below. Tenant shall pay, with its next installment of Monthly Basic Rental due, a fraction of the Tenant’s Proportionate Share of such Estimated Direct Costs for the then-current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i3(d)(i)). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total of Tenant’s Proportionate Share of such Estimated Direct Costs Estimated Direct Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Determination of Payment. (i) As of the date of this Lease, Landlord's good faith, non-binding estimate of Direct Costs for calendar year 1999 is $4.89 per rentable square foot of the Project; however, Tenant acknowldges that the actual amount may be higher or lower than such estimate. Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”"ESTIMATE STATEMENT") which shall set forth Landlord’s 's reasonable estimate (the “Estimate”"ESTIMATE") of what the total amount of Direct Costs for the then-current calendar year shall be (the “Estimated Direct Costs”) together with Tenant’s Proportionate Share thereof"ESTIMATED DIRECT COSTS"). The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs Excess under this Section Article 3, once such Estimated Direct Costs have been determined by Landlord. Tenant shall pay, with its next installment of Monthly Basic Rental due, a fraction of the Estimated Direct Costs for the then-current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i3(d)(i)). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Determination of Payment. (i) Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”) which shall set forth Landlord’s reasonable estimate (the “Estimate”) of what the total amount of Direct Costs for the then-current calendar year shall be (the “Estimated Direct Costs”) together with Tenant’s Proportionate Share thereof). The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs Excess under this Section Article 3, once such Estimated Direct Costs have been determined by Landlord. Tenant shall pay, with its next installment of Monthly Basic Rental due, a fraction of the Estimated Direct Costs for the then-current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i3(d)(i)). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Determination of Payment. (i) Landlord shall give Tenant a yearly expense estimate statement (the “"Estimate Statement”") which shall set forth Landlord’s 's reasonable estimate (the “"Estimate”") of what the total amount of Direct Costs for the then-current calendar year shall be (the “"Estimated Direct Costs”) together with Tenant’s Proportionate Share thereof". The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs under this Section Article 3, once such Estimated Direct Costs have been determined by Landlord. Tenant shall pay, with its next installment of Monthly Basic Rental due, a Initials: /s/ KM -------- -4- /s/ VC -------- fraction of the Estimated Direct Costs for the then-current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i3(d)(ii)). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Determination of Payment. (i) Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”) which shall set forth Landlord’s reasonable estimate (the “Estimate”) of what the total amount of Direct Costs for the then-current calendar year shall be (the “Estimated Direct Costs”) together with and Tenant’s Proportionate Share thereofthereof (including, Tenant’s Adjusted Share, if any). The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs Excess under this Section Article 3, once such Estimated Direct Costs have has been determined by Landlord; however, Landlord shall use reasonable efforts to provide the Estimate Statement on or before June 30 of the following calendar year. Tenant shall pay, with its next installment of Monthly monthly Basic Rental due, a fraction of the Estimated Direct Costs Estimate for the then-current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i3(d)(i)). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Costs Estimate set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Determination of Payment. (i) Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”"ESTIMATE STATEMENT") which shall set forth Landlord’s 's reasonable estimate (the “Estimate”"ESTIMATE") of what the total amount of Direct Costs for the then-current calendar year shall be (the “Estimated Direct Costs”) together with Tenant’s Proportionate Share thereof"ESTIMATED DIRECT COSTS"). The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs under this Section Article 3, once such Estimated Direct Costs have been determined by Landlord. Tenant shall pay, with its next installment of Monthly Basic Rental due, a fraction of the Estimated Direct Costs for the then-current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i3(d)(i)). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.

Determination of Payment. (i) Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”"ESTIMATE STATEMENT") which shall set forth Landlord’s 's reasonable estimate (the “Estimate”"ESTIMATE") of what the total amount of Direct Costs for the then-current calendar year shall be (the “Estimated Direct Costs”) together with Tenant’s Proportionate Share thereof"ESTIMATED DIRECT COSTS". The failure of Landlord to timely furnish the Estimate Statement for any calendar year shall not preclude Landlord from subsequently enforcing its rights to collect any Estimated Direct Costs under this Section Article 3, once such Estimated Direct Costs have been determined by Landlord. Tenant shall pay, with its next installment of Monthly Basic Rental due, a fraction of the Estimated Direct Costs for the then-current calendar year (reduced by any amounts paid pursuant to the last sentence of this Section 3D(i3(d)(ii)). Such fraction shall have as its numerator the number of months which have elapsed in such current calendar year to the month of such payment, both months inclusive, and shall have twelve (12) as its denominator. Until a new Estimate Statement is furnished, Tenant shall pay monthly, with the Monthly Basic Rental installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Costs set forth in the previous Estimate Statement delivered by Landlord to Tenant.