Final Written Statement Sample Clauses

Final Written Statement. Within ninety (90) days after the close of each calendar year after the Base Year during the term of this Lease, or as soon thereafter as practical, Landlord shall deliver to Tenant a written statement (the “Operating Statement”) setting forth Tenant’s actual Proportionate Share of the increases, if any, in Operating Expenses and of the Taxes for the preceding calendar year over the Base Year. In the event Tenant’s share of the actual Operating Expenses is in excess of the amount actually paid by Tenant for Operating Expenses on an estimated basis for the year in question, Tenant shall pay the amount of such deficiency to Landlord within thirty (30) days following the date of such statement. In the event Tenant’s share of actual Operating Expenses is less than the amount actually paid by Tenant for Operating Expenses on an estimated basis for the year in question, then Landlord shall either apply the overpayment to Tenant’s next Rent payment, or promptly reimburse the excess to Tenant. In the event Tenant’s share of the actual Taxes is in excess of the amount actually paid by Tenant for Taxes on an estimated basis for the year in question, Tenant shall pay the amount of such deficiency to Landlord within thirty (30) days following the date of such statement. In the event Tenant’s share of actual Taxes is less than the amount actually paid by Tenant for Taxes on an estimated basis for the year in question, then Landlord shall either apply the overpayment to Tenant’s next Rent payment, or promptly reimburse the excess to Tenant. In no event shall Base Rent decrease pursuant to the provisions of Section 3 or Section 4 of this Lease.

Final Written Statement. Within ninety (90) days after the close of each Operating Year during the Lease Term, Landlord shall deliver to Tenant a written statement (the “Operating Statement”) setting forth the actual increase in Landlord’s Operating Expenses for the preceding Operating Year. If the actual increase in Landlord’s Operating Expenses is in excess of the estimated increase in Landlord’s Operating Expenses, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenant. If the actual increase in Landlord’s Operating Expenses is less than the estimated increase in Landlord’s Operating Expenses actually paid by Tenant, then the amount of the excess overpayment shall be paid by Landlord to Tenant within thirty (30) days following the date of such statement if Tenant requests full reimbursement, or otherwise Landlord may elect to apply the overpayment to Tenant’s next Rent payment, reimbursing only the excess over such next payment, if any.

Final Written Statement. Within ninety (90) days after the close of each Operating Year during the Term, or as soon thereafter as available, Landlord shall deliver to Tenant a written statement (the “Operating Statement”) setting forth Tenant’s actual Proportionate Share of the Excess Operating Expenses for the preceding Operating Year. If Tenant’s Proportionate Share of the actual Excess Operating Expenses is in excess of the amount actually billed to Tenant for the prior year, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days following the date of such statement. If Tenant’s Proportionate Share of actual Excess Operating Expenses is less than the amount actually billed to Tenant for the prior year, then Landlord shall apply the credit to Tenant’s next Excess Operating Expense payment(s), as and when due. In no event shall Landlord be liable for damages to Tenant based upon any incorrect or disputed Excess Operating Expense or Allocation nor shall Tenant have any right to terminate this Lease by reason of any incorrect or disputed Excess Operating Expense or Allocation. The sole remedy of Tenant regarding any Excess Operating Expense or Allocation dispute shall be refund of any charge which exceeds the amount allowed by this Lease. Tenant may review Landlord’s books and records regarding Excess Operating Expenses for a year at the Property Manager’s office during normal business hours if Tenant requests such review by written notice given within thirty (30) days of receipt of the Operating Statement for such year. Such books and records shall be kept strictly confidential; Tenant may review the same and may cause the same to be reviewed by the CPA employed by Tenant to prepare its tax returns (who shall first agree in writing to maintain the confidentiality of the books and records) but Tenant shall not otherwise disclose the contents of Landlord’s books and records. Any dispute regarding an Excess Operating Expense must be commenced by written notice specifying the disputed item given within sixty (60) days of receipt of Landlord’s books and records following a request by Tenant to audit as provided above; otherwise such dispute is waived by Tenant. Any such dispute shall be determined, at the election of Landlord, by an independent CPA or property manager whose cost shall be paid by the non-prevailing party.

Final Written Statement. Within 120 days after the close of each Operating Year during the Term, ▇▇▇▇▇▇▇▇ will deliver to Tenant a written statement the "Operating Statement" setting forth Tenant's Share of the actual increase in Operating Expenses for the preceding Operating Year over the Base Year for each such item. If ▇▇▇▇▇▇'s Share of the actual increase in Operating Expenses is greater than the amount paid by Tenant for the Operating Expenses, Tenant will pay the amount due to Landlord as Additional Rent within 30 days after receipt by Tenant of the statement. If ▇▇▇▇▇▇'s Share of the actual increase in Operating Expenses is less than the amount paid by Tenant for the Operating Expenses and Taxes, then Landlord will elect to either (a) pay the amount of Tenant's overpayment to Tenant within 30 days following the date of the statement, or (b) apply the overpayment to Tenant's next Rent payment, reimbursing only the excess over the next Rent payment, if any. Any unpaid overpayment as of the expiration of the Term shall be paid to Tenant within 30 days thereafter.

Final Written Statement. Within ninety (90) days after the close of each Operating Year during the Lease Term, Landlord shall deliver to Tenant a written statement (the “Operating Statement”) setting forth the actual increase in Landlord’s Operating Expenses for the preceding Operating Year. If the actual increase in Landlord’s Operating Expenses is in excess of the estimated increase in Landlord’s Operating Expenses, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenant. If the actual increase in Landlord’s Operating Expenses is less than the estimated increase in Landlord’s Operating Expenses actually paid by Tenant, then the amount of the excess overpayment shall be paid by Landlord to Tenant within thirty (30) days following the date of such statement if Tenant requests full reimbursement, or otherwise Landlord may elect to apply the overpayment to Tenant’s next Rent payment, reimbursing only the excess over such next payment, if any.