Landlord’s Statement. No later than 120 days after the end of each calendar year within the Term, Landlord will determine the actual amount of Property Taxes, Operating Expenses and Tenant’s Share of Expenses for the expired calendar year, and will deliver to Tenant a written statement of such amounts (“Landlord’s Statement”); provided, however, that Landlord shall use commercially reasonable efforts to deliver each Landlord’s Statement to Tenant within 90 days after the end of each calendar year within the Term. Each Landlord’s Statement shall be binding on Landlord once delivered (except as provided in Section 3.5.2), and shall contain a reasonably detailed breakdown of the various components of Expenses, showing how Tenant’s Share of Expenses was determined. If Tenant paid less than the actual amount of Tenant’s Share of Expenses specified in Landlord’s Statement, Tenant will pay the difference to Landlord as Additional Rent within 30 days after its receipt of Landlord’s Statement in the manner Section 2.2 describes. If Tenant paid more than the actual amount of Tenant’s Share of Expenses specified in Landlord’s Statement, Landlord will, at Tenant’s option, either (a) refund the excess amount to Tenant within 30 days after delivery of Landlord’s Statement, or (b) credit the excess amount against Tenant’s next due monthly installment or installments of Rent; provided, however, that if Tenant elects to require Landlord to provide such credit for any such excess in lieu of refunding the same to Tenant, but the amount of such credit is in excess of the amount of Rent due for the balance of the Term, then Landlord shall pay the amount by which the total amount of the credit exceeds the remaining Rent to Tenant within 30 days after the end of the Term. If Landlord is delayed in delivering any Landlord’s Statement to Tenant, such delay does not constitute a waiver of either party’s rights under this Section 3.5. The respective obligations of Landlord and Tenant to reconcile the payment of Tenant’s Share of Expenses, as set forth above, shall survive the expiration of the Term or sooner termination of this Lease for a period of one year.
Landlord’s Statement. Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year’s Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.2.2 for such calendar year, as determined by Landlord (the “Landlord’s Statement”). Such Landlord’s Statement shall be binding upon Tenant, except as specifically provided in Section 4.4 below. If the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord within ten (10) days of receipt of Landlord’s Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the Statement shall act as a waiver of Landlord’s right to increase in payment pursuant to the Tax and Operating Expense Adjustment.
Landlord’s Statement. Inspection of Records Landlord shall cause to be kept books and records showing Operating Costs during each calendar year during the Term in accordance with an appropriate system of accounts and accounting practices consistently maintained from year to year. Landlord shall deliver the Landlord’s Statement to Tenant as promptly as practical following the close of each calendar year. The Landlord’s Statement shall certify the amount of Operating Costs for such calendar year and that the Landlord’s Statement has been prepared in accordance with the applicable provisions of this Lease and in accordance with generally accepted accounting principles. Tenant shall have the right to examine the Landlord’s books and records showing the Operating Costs at any time during normal business hours within forty-five (45) days following the receipt of each Landlord’s Statement. Unless Tenant shall notify Landlord of its exception to any items in such Landlord’s Statement within such period, such Landlord’s Statement shall be deemed accepted by Tenant. Tenant shall not be entitled to defer or withhold any payment of Additional Rent due pursuant to Section 3.3 pending the examination of Landlord’s books and records or the resolution of any dispute with respect thereto.
Landlord’s Statement. (a) Landlord’s failure to render a Landlord’s Statement with respect to any payment period shall not prejudice Landlord’s right to thereafter render a Landlord’s Statement with respect thereto or with respect to any subsequent payment period, nor shall the rendering of a Landlord’s Statement prejudice Landlord’s right to thereafter render a corrected Landlord’s Statement for that payment period. Nothing herein contained shall restrict Landlord from issuing a Landlord’s Statement at any time there is an increase in Pilot, Taxes or Operating Expenses during any payment period or any time thereafter. Notwithstanding the foregoing provisions of this Section 7.5(a), Landlord shall not be entitled to issue a Landlord’s Statement with respect to an Operating Year or Tax Year after the date which is (i) in the case of Taxes, three (3) years after the expiration of the one hundred eighty (180) day period set forth in Section 7.3(c) applicable to such Tax Year and (ii) in the case of Operating Expenses, two (2) years after the expiration of the one hundred eighty (180) day period set forth in Section 7.3(c) applicable to such Operating Year. For the avoidance of doubt, Landlord shall render a Landlord’s Statement with respect to Taxes and Operating Expenses for the Base Pilot Year and the Base Operating Year, as applicable.
Landlord’s Statement. Landlord shall deliver to Tenant within one hundred twenty (120) days after the end of each calendar year during the Term a written statement (the “Statement”) setting out in reasonable detail Tenant’s Proportionate Share of the Common Area Maintenance Costs for such year certified to be correct by Landlord. If the aggregate of the monthly installments actually paid by Tenant to Landlord on account of the estimated Tenant’s Proportionate Share of the Common Area Maintenance Costs during any calendar year (the “Actual Payments”) differs from the amount of Tenant’s Proportionate Share of the Common Area Maintenance Costs payable according to the Statement (the “Obligated Payments”), Tenant shall:
Landlord’s Statement. Landlord represents and warrants to Tenant, to survive the expiration or sooner termination of the Lease, all of the following: (i) Landlord is duly authorized and empowered to enter into and perform the Lease, and no other party has a prior right to the Premises or any part thereof, (ii) Landlord is not aware of any unrecorded agreements which may be binding upon Tenant and which may affect the Premises, except those which shall be given by Landlord to Tenant within ten (10) days after the Effective Date, (iii) INTENTIONALLY OMITTED, (iv) it will not amend or enter into (or otherwise allow) any new covenants, restrictions, easements, agreements or encumbrances so as to prohibit Tenant's use or so as to materially adversely affect Tenant's rights or materially increase Tenant's obligations under the Lease; (v) INTENTIONALLY OMITTED, (vi) to the best of Landlord's knowledge, there is no pending or threatened condemnation or similar proceeding affecting the Premises or any portion thereof, (vii) except for a construction lien claim (app. $3,000) in favor of Waste Management (which if still unresolved at the end of the Inspection Period, Landlord shall then bond off), there are no legal actions, suits, or other legal or administrative proceedings pending or threatened, which affect the Premises, and Landlord is not aware of any facts which might result in any such action, suit or other proceedings, (viii) no portion of the Premises is affected by any special assessment, pending or certified, whether or not constituting a lien thereon, (ix) the Property Data delivered or to be delivered to Tenant, constitutes and shall constitute all of the information and data known or available to Landlord relating to the Premises and all aspects thereof, and (x) Landlord has delivered to Tenant a copy of that certain Dynatech Engineering Corp. report dated October 1, 1999, and if there are any other environmental reports in Landlord's possession, Landlord shall deliver them to Tenant within ten (10) days after the Effective Date. Landlord acknowledges that each of the representations contained in this paragraph separately constitutes a material inducement to Tenant in entering into the Lease, and any breach of any such representation shall entitle Tenant to cancel and terminate the Lease immediately upon notice of such breach to Landlord, and such right shall be cumulative with all other rights of Tenant.
Landlord’s Statement. Lessor shall, within ten (10) days after receipt of written request from Lessee, execute a statement certifying (i) that, to Lessor's knowledge without any duty of inquiry or investigation, the Lease, as modified, if modified, is in full force and effect, and (ii) the date to which Base Rent has been paid in advance. EXHIBIT "A" THE PREMISES [ATTACHED] MAP
Landlord’s Statement. A written statement compiled by Landlord, at Landlord’s sole discretion, setting forth the Projections for the appropriate Calculation Year, and providing a calculation of the Rent Adjustment Deposit based on such Projections to become effective as of the first day of January of each calendar year.
Landlord’s Statement. To the best of Landlord's knowledge there are no Hazardous Materials (other than normal quantities of Hazardous Materials customarily used in connection with the operation, administration, maintenance and repair of office complexes similar to the Project) located in the Building or Premises. For purposes of this Section, the clause "best of Landlord's knowledge" shall mean the actual present knowledge of Xxxxxx Xxxxxxxxx and Xxxx Xxxxxxxxx.
Landlord’s Statement. At any time, and from time to time in connection with any proposed sale or financing by Tenant or in connection with the preparation of
