Common use of Final Written Statement Clause in Contracts

Final Written Statement. Within 120 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 Tenant's actual pro rata share of the increase in Operating Expenses for the preceding Operating Year. In the event Tenant's pro rata share of the actual increase in Operating Expenses is in excess of the Tenant's pro rata estimated increase in 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. In the event Tenant's pro rata share of the actual increase in Operating Expenses is less than the Tenant's pro rata share of the estimated increase in 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 or Landlord may elect to apply the overpayment to Tenant's next Rent payment, reimbursing only the excess over such next payment, if any. The late delivery of any written statement by Landlord shall not constitute a waiver of Tenant's obligation to pay its pro rata share of Operating Expenses, but Landlord shall use reasonable efforts to deliver such written statements as soon as reasonably possible after the commencement of each Operating Year.

Final Written Statement. Within 120 days after the close of each ----------------------- Operating Year during the Lease termTerm, Landlord shall deliver to Tenant a written statement (the "Operating Statement") setting forth Tenant's actual pro rata share of the increase in Operating Expenses for the preceding Operating Year. In the event Tenant's pro rata share of the actual increase in Operating Expenses is in excess of the Tenant's pro rata estimated increase in 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. In the event Tenant's pro rata share of the actual increase in Operating Expenses is less than the Tenant's pro rata share of the estimated increase in 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 or Landlord may elect to apply the overpayment to Tenant's next Rent payment, reimbursing only the excess over such next payment, if any. The late delivery of any written statement by Landlord shall not constitute a waiver of Tenant's obligation to pay its pro rata share of Operating Expenses, but Landlord shall use reasonable efforts to deliver such written statements as soon as reasonably possible after the commencement of each Operating Year.

Final Written Statement. Within 120 days after the close of each ----------------------- Operating Year during the Lease termTerm, Landlord shall deliver to Tenant a written statement (the "Operating Statement") setting forth Tenant's actual pro rata share Percentage of the increase in Operating Expenses for the preceding Operating Year. In the event Tenant's pro rata share Percentage of the actual increase in Operating Expenses is in excess of the Tenant's pro rata estimated increase in 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 TenantXxxxxx. In the event Tenant's pro rata share Percentage of the actual increase in Operating Expenses is less than the Tenant's pro rata share Percentage of the estimated increase in 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 or Landlord may elect to apply the overpayment to Tenant's next Rent payment, reimbursing only the excess over such next payment, if anypayment(s). The late delivery of any written statement by Landlord shall not constitute a waiver of Tenant's obligation to pay its pro rata share of Operating Expenses, but Landlord shall use reasonable efforts to deliver such written statements as soon as reasonably possible after the commencement of each Operating Year.

Final Written Statement. Within 120 days after the close of each ----------------------- Operating Year during the Lease termTerm, Landlord shall deliver to Tenant a written statement (the "Operating Statement") setting forth Tenant's actual pro rata share of the increase in Operating Expenses for the preceding Operating Year. In the event Tenant's pro rata share of the actual increase in Operating Expenses is in excess of the Tenant's pro rata estimated increase in 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 TenantXxxxxx. In the event Tenant's pro rata share of the actual increase in Operating Expenses is less than the Tenant's pro rata share of the estimated increase in Operating Expenses actually paid by Tenant Xxxxxx then the amount of the excess overpayment shall be paid by Landlord to Tenant within thirty (30) days following the date of such statement or Landlord may elect to apply the overpayment to Tenant's next Rent payment, reimbursing only the excess over such next payment, if any. The late delivery of any written statement by Landlord shall not constitute a waiver of Tenant's obligation to pay its pro rata share of Operating Expenses, but if not timely delivered, Landlord shall use best reasonable efforts to deliver such written statements as soon as reasonably possible after the commencement of each Operating Yearpossible.

Final Written Statement. Within 120 days after the close of each ----------------------- Operating Year during the Lease term, Landlord shall deliver to the Manager of Corporate Facilities for Tenant a written statement (the "Operating StatementOPERATING STATEMENT") setting forth Tenant's actual pro rata share of the increase in Operating Expenses for the preceding Operating Year. In the event Tenant's pro rata share of the actual increase in Operating Expenses is in excess of the Tenant's pro rata share of estimated increase in 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. In the event Tenant's pro rata share of the actual increase in Operating Expenses is less than the Tenant's pro rata share of the estimated increase in Operating Expenses actually paid by Tenant 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 or Landlord may elect to apply the overpayment to Tenant's next Rent payment, reimbursing only the excess over such next payment, if any. The late delivery of any written statement by Landlord shall not constitute a waiver of Tenant's obligation to pay its pro rata share of Operating Expenses, but Landlord shall use reasonable efforts to deliver such written statements as soon as reasonably possible after the commencement of each Operating Year.

Final Written Statement. Within 120 ninety (90) days after the ----------------------- close of each ----------------------- Operating Year during the Lease termTerm of this Sublease after the year 2000, Landlord Sublessor shall deliver to Tenant Sublessee a written statement (the "Operating Statement") setting forth TenantSublessee's actual pro rata share of the increase in Operating Expenses for the preceding Operating Year. In the event TenantSublessee's pro rata share of the actual increase in Operating Expenses is in excess of the TenantSublessee's pro rata estimated increase in Operating Expenses, Tenant Sublessee shall pay the amount of such excess to Landlord Sublessor as Additional Rent within thirty (30) days after receipt of such statement by TenantSublessee. In the event TenantSublessee's pro rata share of the actual increase in Operating Expenses is less than the TenantSublessee's pro rata share of the estimated increase in Operating Expenses actually paid by Tenant Sublessee then the amount of the excess overpayment shall be paid by Landlord Sublessor to Tenant Sublessee within thirty (30) days following the date of such statement or Landlord Sublessor may elect to apply the overpayment to TenantSublessee's next Rent payment, reimbursing only the excess over such next payment, if any. The late delivery of any written statement by Landlord Sublessor shall not constitute a waiver of TenantSublessee's obligation to pay its pro rata share of Operating Expenses, but Landlord Sublessor shall use reasonable efforts to deliver such written statements as soon as reasonably possible after the commencement of each Operating Year.