Common use of Final Partial Year Clause in Contracts

Final Partial Year. If the Term will expire or this Lease has ------------------ been terminated prior to a final determination of Tenant's actual Pro Rata Share of Electricity Costs or Pro Rata Share of Operating Costs, the amount of adjustment between Tenant's estimated pro rata share of such costs and Tenant's actual pro rata share of such costs payable for the preceding calendar year and/or the final partial calendar year of the Term will be projected by the Landlord based upon the best data available to Landlord at the time of the estimate. Within thirty (30) days after receipt of a statement from Landlord setting forth Landlord's projections, Tenant will pay to Landlord, or Landlord will pay to Tenant, as the case may be, the difference between Tenant's projected actual Pro Rata Share of Electricity Costs and Pro Rata Share of Operating Costs for the period in question and Tenant's estimated Pro Rata Share of Electricity Costs and Pro Rata Share of Operating Costs paid by Tenant for the period in question. The obligations set forth in the preceding sentence will survive the Expiration Date or earlier termination of this Lease.

Final Partial Year. If the Term will expire or this Lease has ------------------ been terminated prior to a final determination of Tenant's actual Pro Rata Share of Electricity Costs or Pro Rata Share of Operating Costs, the amount of adjustment between Tenant's estimated pro rata share of such costs and Tenant's actual pro rata share of such costs payable for the preceding calendar year and/or the final partial calendar year of the Term will be projected by the Landlord based upon the best data available to Landlord at the time of the estimate. Within thirty (30) days after receipt of a statement from Landlord setting forth Landlord's projections, Tenant will pay to Landlord, or Landlord will pay to Tenant, as the case may be, the difference between Tenant's projected actual Pro Rata Share of Electricity Costs and Pro Rata Share of Operating Costs for the period in question and Tenant's estimated Pro Rata Share of Electricity Costs and Pro Rata Share of Operating Costs paid by Tenant for the period in question. Notwithstanding the foregoing, Tenant shall have the right to require that the adjustment be based upon the actual Operating Costs, in which event the adjustment shall be delayed until the actual Operating Costs are determined. The obligations set forth in the preceding sentence will survive the Expiration Date or earlier termination of this Lease.