Common use of Landlord’s Right to Estimate Clause in Contracts

Landlord’s Right to Estimate. Anything contained in the foregoing provisions of this subsection to the contrary notwithstanding, the Landlord may, at its discretion, (a) make from time to time during the Term a reasonable estimate of the Additional Rent which may become due under such provisions for any calendar year, (b) require the Tenant to pay to the Landlord for each calendar month during such year one twelfth (1/12) of such Additional Rent, at the time and in the manner that the Tenant is required hereunder to pay the monthly installment of the Base Rent for such month, and (c) at the Landlord's reasonable discretion, increase or decrease from time to time during such calendar year the amount initially so estimated for such calendar year, all by giving the Tenant written notice thereof, accompanied by a schedule setting forth in reasonable detail the expenses comprising the Annual Operating Costs, as so estimated. In such event, the Landlord shall cause the actual amount of such Additional Rent to be computed and certified to the Tenant within 120 days after the end of such calendar year, and the Tenant or the Landlord, as the case may be, shall promptly thereafter pay to the other the amount of any deficiency or overpayment therein, as the case may be./8// ____________________________ /8// Right to Audit:

Landlord’s Right to Estimate. Anything contained in the foregoing provisions of this subsection to the contrary notwithstanding, the Landlord mayLandlord, at its reasonable discretion, may (a) make from time to time during the Term a reasonable estimate of the Additional Rent which may become due under such provisions this subsection for any calendar year, (b) require the Tenant to pay to the Landlord for each calendar month during such year one twelfth (1/12) of such Additional Rent, at the time and in the manner that the Tenant is required hereunder to pay the monthly installment of the Base Rent for such month, and (c) at the Landlord's reasonable discretion, increase or decrease from time to time during such calendar year the amount initially so estimated for such calendar year, all by giving the Tenant written notice thereof, accompanied by a schedule setting forth in reasonable detail the expenses comprising the Annual Operating Costs, as so estimated. In such event, the Landlord shall cause the actual amount of such Additional Rent to be computed and certified to the Tenant within 120 one hundred twenty (120) days after the end of such calendar year, . Any overpayment or deficiency in the Tenant’s payment of Tenant’s Share of Increased Operating’ Costs shall be adjusted between the Landlord and the Tenant; the Tenant shall pay the Landlord or the LandlordLandlord shall credit to the Tenant’s account (or, if such adjustment is at the end of the Term, the Landlord shall pay to the Tenant), as the case may be, shall promptly thereafter pay within thirty (30) days after such notice to the other Tenant, such amount necessary to effect such adjustment. The Landlord’s failure to provide such notice within the amount time prescribed above shall not relieve the Tenant of any deficiency or overpayment therein, as the case may be./8// ____________________________ /8// Right to Audit:of its obligations hereunder.

Landlord’s Right to Estimate. Anything contained in the foregoing provisions of this subsection Section 2 to the contrary notwithstanding, the Landlord may, at its discretiondiscretion in any calendar year of the Term, commencing with calendar year 2013, (a) make from time to time during the Term a reasonable estimate of the Additional Rent which may become due under such provisions for any calendar year, (b) require the Tenant to pay to the Landlord for each calendar month during such year one one-twelfth (1/121/12th) of such estimated Additional Rent, at the time and in the manner that the Tenant is required hereunder to pay the monthly installment of the Base Rent for such month, and (c) at the Landlord's ’s reasonable discretion, increase or decrease from time to time during such calendar year the amount initially so estimated for such calendar year, all by giving the Tenant written notice thereof, accompanied by a schedule setting forth the same in reasonable detail the expenses comprising the Annual Operating Costs, detail. As soon as so estimated. In such event, the Landlord shall cause the actual amount of such Additional Rent to be computed and certified to the Tenant within 120 days practicable after the end of calendar year 2013, and as soon as practicable after the end of each calendar year thereafter, Landlord shall provide to Tenant a statement (the “Expense Statement”) setting forth Tenant’s Additional Operating Costs and Tenant’s Additional Real Property Taxes for such calendar year, calculated in accordance with, respectively, Sections 2.1.2(a) and 2.1.2(b) above. Within twenty (20) days after the delivery of such Expense Statement, Tenant shall pay to Landlord any deficiency between (a) the sum of the amounts shown as Tenant’s Additional Operating Costs and Tenant’s Additional Real Property Taxes for such calendar year, and (b) the total of any payments made by Tenant or on account thereof in accordance with this subsection 2.2.3. If the Landlord, as payments made by Tenant exceed the case may be, shall promptly thereafter pay to the other sum of the amount shown in the Expense Statement as Tenant’s Additional Operating Costs and Tenant’s Additional Real Property Taxes for such calendar year, the excess amount shall be applied against the next payment(s) of any deficiency Base Rent or overpayment thereinAdditional Rent coming due hereunder, as unless the case may be./8// ____________________________ /8// Right to Audit:Lease shall have expired, in which event Landlord shall refund such excess at the time of its delivery of the Expense Statement.

Landlord’s Right to Estimate. Anything contained in the foregoing provisions of this subsection to the contrary notwithstanding, the Landlord mayLandlord, at its reasonable discretion, may (a) make from time to time during the Term a reasonable estimate of the Additional Rent which may become due under such provisions this subsection for any calendar year, (b) require the Tenant to pay to the Landlord for each calendar month during such year one twelfth (1/12) of such Additional Rent, at the time and in the manner that the Tenant is required hereunder to pay the monthly installment of the Base Rent for such month, and (c) at the Landlord's reasonable discretion, increase or decrease from time to time during such calendar year the amount initially so estimated for such calendar year, all by giving the Tenant written notice thereof, accompanied by a schedule setting forth in reasonable detail the expenses comprising the Annual Operating Costs, as so estimated. In such event, the Landlord shall cause the actual amount of such Additional Rent to be computed and certified to the Tenant within 120 one hundred twenty (120) days after the end of such calendar year, . Any overpayment or deficiency in the Tenant’s payment of Tenant’s Share of Increased Operating Costs shall be adjusted between the Landlord and the Tenant; the Tenant shall pay the Landlord or the LandlordLandlord shall credit to the Tenant’s account (or, if such adjustment is at the end of the Term, the Landlord shall pay to the Tenant), as the case may be, shall promptly thereafter pay within thirty (30) days after such notice to the other Tenant, such amount necessary to effect such adjustment. The Landlord’s failure to provide such notice within the amount time prescribed above shall not relieve the Tenant of any deficiency or overpayment therein, as the case may be./8// ____________________________ /8// Right to Audit:of its obligations hereunder.

Landlord’s Right to Estimate. Anything contained in the foregoing provisions of this subsection to the contrary notwithstanding, the Landlord mayLandlord, at its reasonable discretion, may (a) make from time to time during the Term a reasonable estimate of the Additional Rent which may become due under such provisions this subsection for any calendar year, (b) require the Tenant to pay to the Landlord for each calendar month during such year one twelfth (1/12) of such Additional Rent, at the time and in the manner that the Tenant is required hereunder to pay the monthly installment of the Base Rent for such month, and (c) at the Landlord's reasonable discretion, increase or decrease from time to time during such calendar year the amount initially so estimated for such calendar year, all by giving the Tenant written notice thereof, accompanied by a schedule setting forth in reasonable detail the expenses comprising the Annual Operating Costs, as so estimated. In such event, the Landlord shall cause the actual amount of such Additional Rent to be computed and certified to the Tenant within 120 one hundred twenty (120) days after the end of such calendar year, . Any overpayment or deficiency in the Tenant’s payment of Tenant’s Share of Operating Costs shall be reconciled between the Landlord and the Tenant; the Tenant shall pay the Landlord or the LandlordLandlord shall credit to the Tenant’s account (or, if such reconciliation is at the end of the Term, the Landlord shall pay to the Tenant), as the case may be, shall promptly thereafter pay within thirty (30) days after such notice to the other Tenant, such amount necessary to effect such reconciliation. Except as otherwise set forth herein, the amount Landlord’s failure to provide such notice within the time prescribed above shall not relieve the Tenant of any deficiency or overpayment therein, as the case may be./8// ____________________________ /8// Right to Audit:of its obligations hereunder.

Landlord’s Right to Estimate. Anything contained in the foregoing provisions of this subsection to the contrary notwithstanding, the Landlord mayLandlord, at its reasonable discretion, may (a) make from time to time during the Term a reasonable estimate of the Additional Rent Tenant’s Share of Increased Operating Costs which may become due under such provisions this subsection for any calendar year, (b) require the Tenant to pay to the Landlord for each calendar month during such year one twelfth (1/12) of such Additional RentTenant’s share of increased Operating Costs, at the time and in the manner that the Tenant is required hereunder to pay the monthly installment of the Base Rent for such month, and (c) at the Landlord's reasonable discretion, increase or decrease from time to time during such calendar year the amount initially so estimated for such calendar year, all by giving the Tenant written notice thereof, accompanied by a schedule setting forth in reasonable detail the expenses comprising the Annual Operating Costs, as so estimated. In such event, the Landlord shall cause the actual amount of such Additional Rent Tenant’s Share of Increased Operating Costs to be computed and certified to the Tenant in a reasonably detailed written statement (the “Tenant’s Share of Increased Operating Costs Statement”) within 120 one hundred twenty (120) days after the end of such calendar year, . Any overpayment or deficiency in the Tenant’s payment of Tenant’s Share of Increased Operating Costs shall be adjusted between the Landlord and the Tenant; the Tenant shall pay the Landlord or the LandlordLandlord shall credit to the Tenant’s account (or, if such adjustment is at the end of the Term, the Landlord shall pay to the Tenant), as the case may be, within fifteen (15) days after such notice to the Tenant, such amount necessary to effect such adjustment. The Landlord’s failure to provide such notice within the time prescribed above shall promptly thereafter not relieve the Tenant of any of its obligations hereunder. The Tenant shall have the right to review the books and records of the Landlord with respect to the calculation of Operating Costs for the prior Lease Year at the Landlord’s office during normal business hours, at the Tenant’s sole expense, provided (i) the Tenant provides at least fifteen (15) days’ advance written notice to the Landlord of its desire to inspect such books and records, and (ii) such request is made within ninety (90) days after the Operating Costs Statement is delivered by the Landlord to the Tenant. If the results of Tenant’s audit show that Tenant overpaid Tenant’s Share of Increased Operating Costs by 10% or more, then Landlord shall reimburse Tenant for the costs of the audit (provided that such costs must be reasonable and not-to-exceed $1,000.00), and Landlord shall credit to the Tenant’s account (or, if such adjustment is at the end of the Term, the Landlord shall pay to the other the amount of any deficiency or overpayment thereinTenant), as the case may be./8// ____________________________ /8// Right be, within fifteen (15) days after such notice to Audit:the Tenant, such amount necessary to effect such adjustment.

Landlord’s Right to Estimate. Anything contained in the foregoing provisions of this subsection to the contrary notwithstanding, the Landlord mayLandlord, at its reasonable discretion, may (a) make from time to time during the Term a reasonable estimate of the Additional Rent Tenant’s Share of Increased Operating Costs which may become due under such provisions this subsection for any calendar year, (b) require the Tenant to pay to the Landlord for each calendar month during such year one twelfth (1/12) of such Additional RentTenant’s Share of Increased Operating Costs, at the time and in the manner that the Tenant is required hereunder to pay the monthly installment of the Base Rent for such month, and (c) at the Landlord's reasonable discretion, increase or decrease from time to time during such calendar year the amount initially so estimated for such calendar year, all by giving the Tenant written notice thereof, accompanied by a schedule setting forth in reasonable detail the expenses comprising the Annual Operating Costs, as so estimated. In such event, the Landlord shall cause the actual amount of such Additional Rent Tenant’s Share of Increased Operating Costs to be computed and certified to the Tenant in a reasonably detailed written statement (the “Tenant’s Share of Increased Operating Costs Statement”) within 120 one hundred twenty (120) days after the end of such calendar year, . Any overpayment or deficiency in the Tenant’s payment of Tenant’s Share of Increased Operating Costs shall be adjusted between the Landlord and the Tenant; the Tenant shall pay the Landlord or the LandlordLandlord shall credit to the Tenant’s account (or, if such adjustment is at the end of the Term, the Landlord shall pay to the Tenant), as the case may be, within fifteen (15) days after such notice to the Tenant, such amount necessary to effect such adjustment. The Landlord’s failure to provide such notice within the time prescribed above shall promptly thereafter not relieve the Tenant of any of its obligations hereunder. The Tenant shall have the right to review the books and records of the Landlord with respect to the calculation of Operating Costs for the prior Lease Year at the Landlord’s office during normal business hours, at the Tenant’s sole expense, provided (i) the Tenant provides at least fifteen (15) days’ advance written notice to the Landlord of its desire to inspect such books and records, and (ii) such request is made within ninety (90) days after the Operating Costs Statement is delivered by the Landlord to the Tenant. If the results of Tenant’s audit show that Tenant overpaid Tenant’s Share of Increased Operating Costs by 5% or more, then Landlord shall reimburse Tenant for the costs of the audit (provided that such costs must be reasonable and not-to-exceed $1,000.00), and Landlord shall credit to the Tenant’s account (or, if such adjustment is at the end of the Term, the Landlord shall pay to the other the amount of any deficiency or overpayment thereinTenant), as the case may be./8// ____________________________ /8// Right be, within fifteen (15) days after such notice to Audit:the Tenant, such amount necessary to effect such adjustment.

Landlord’s Right to Estimate. Anything contained in the foregoing provisions of this subsection to the contrary notwithstanding, the Landlord mayLandlord, at its reasonable discretion, may (a) make from time to time during the Term a reasonable estimate of the Additional Rent which may become due under such provisions this subsection for any calendar year, (b) require the Tenant to pay to the Landlord for each calendar month during such year one twelfth (1/12) of such Additional Rent, at the time and in the manner that the Tenant is required hereunder to pay the monthly installment of the Base Rent for such month, and (c) at the Landlord's reasonable discretion, increase or decrease from time to time during such calendar year the amount initially so estimated for such calendar year, all by giving the Tenant written notice thereof, accompanied by a schedule setting forth in reasonable detail the expenses comprising the Annual Operating Costs, as so estimated. In such event, the Landlord shall cause the actual amount of such Additional Rent to be computed and certified to the Tenant within 120 one hundred twenty (120) days after the end of such calendar year, . Any overpayment or deficiency in the Tenant's payment of Tenant's Proportionate Share of Operating Costs shall be adjusted between the Landlord and the Tenant; the Tenant shall pay the Landlord or the LandlordLandlord shall credit to the Tenant's account (or, if such adjustment is at the end of the Term, the Landlord shall pay to the Tenant), as the case may be, shall promptly thereafter pay within fifteen (15) days after such notice to the other Tenant, such amount necessary to effect such adjustment. The Landlord's failure to provide such notice within the amount time prescribed above shall not relieve the Tenant of any deficiency or overpayment therein, as the case may be./8// ____________________________ /8// Right to Audit:of its obligations hereunder.

Landlord’s Right to Estimate. Anything contained in the foregoing provisions of this ---------------------------- subsection to the contrary notwithstanding, the Landlord mayLandlord, at its reasonable discretion, may (a) make from time to time during the Term make, not more than once in any 12-month period, a reasonable estimate or adjustment of the Additional Rent which may become due under such provisions this subsection for any calendar yearyear in 2000 or later, and (b) require the Tenant to pay to the Landlord for each calendar month during such year one twelfth (1/12) of such Additional Rent, at the time and in the manner that the Tenant is required hereunder to pay the monthly installment of the Base Rent for such month, and (c) at the Landlord's reasonable discretion, increase or decrease from time to time during such calendar year the amount initially so estimated for such calendar year, all by giving the Tenant written notice thereof, accompanied by a schedule setting forth in reasonable detail the expenses comprising the Annual Operating Costs, as so estimated. In such event, the Landlord shall cause the actual amount of such Additional Rent to be computed and certified to the Tenant within 120 one hundred twenty (120) days after the end of such calendar year, . Any overpayment or deficiency in the Tenant's payment of Tenant's Proportionate Share of Operating Costs shall be adjusted between the Landlord and the Tenant; the Tenant shall pay the Landlord or the LandlordLandlord shall credit to the Tenant's account (or, if such adjustment is at the end of the Term, the Landlord shall pay to the Tenant), as the case may be, shall promptly thereafter pay within thirty (30) days after such notice to the other Tenant, such amount necessary to effect such adjustment. The Landlord's failure to provide such notice within the amount time prescribed above shall not relieve the Tenant of any deficiency or overpayment therein, as the case may be./8// ____________________________ /8// Right to Audit:of its obligations hereunder.