Common use of MONTHLY PAYMENT OF EXPENSES Clause in Contracts

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(3) during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(3).

Appears in 3 contracts

Samples: Work Letter Agreement (Blue Nile Inc), Work Letter Agreement (Auteo Media Inc), Basic Lease Terms (Helix Biomedix Inc)

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MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, advance as Additional additional Rent, one-twelfth (1/12) of the Annual Estimate of XxxxxxEstimated Tenant's Share of Expenses beginning on January 1 and on the date Tenant takes possession first day of each succeeding month of the PremisesComparison Year. As soon as practical following each calendar year but not later than July 1 of the following year, Landlord shall prepare an accounting of actual Expenses incurred during said year in the prior calendar year form attached hereto as EXHIBIT E and such accounting shall reflect the actual amount of Tenant's Share of Expenses; provided, however, in the event that Landlord fails to deliver such accounting by July 1 of the following year, Landlord shall not be deemed to be in default under this Lease unless Landlord fails to deliver such accounting within thirty (30) days after receipt of written notice from Tenant requesting such accounting. If the Additional additional Rent paid by Tenant under this Section 4(b)(3during the preceding calendar year was more than the actual amount of Tenant's Share of Expenses for such year, the amount overcharged shall be paid to Tenant within thirty (30) days of receipt of such notice. If the additional Rent paid by Tenant under this Section during the preceding calendar year was less than the actual amount of Tenant's Share of ExpensesExpenses for such year, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though if the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(3).

Appears in 2 contracts

Samples: WWW Holdings Inc, Earthlink Inc

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of XxxxxxTenant's Share of Expenses beginning on the date Tenant takes possession of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(34(c)(3) during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(34(c)(3). If such overpayment is determined after termination of this Lease, then such overpayment shall be paid by Landlord to Tenant within thirty (30) days after the annual expense statement is completed with deduction of any remaining sums owed by Tenant to Landlord.

Appears in 2 contracts

Samples: Office Lease Agreement (F5 Networks Inc), Office Lease Agreement (F5 Networks Inc)

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, as additional rent, its share of said estimate of Expenses in monthly in advance, as Additional Rent, installments of one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses such total amount beginning on the date Tenant takes possession first day of the Premisesfirst month of the Term hereof (or if the Term does not commence on the 1st day of a calendar month, then the installment shall be pro-rated over the partial month), and one-twelfth (1/12) of such total amount on the first day of each succeeding calendar month. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share ’s share of Expenses. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3Subparagraph 6(c) during the preceding calendar year was less than the actual amount of Tenant's Share ’s share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's Tenant’s receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share ’s share of Expensesexpenses. If Tenant's ’s payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses all present rent due under this Section 4(b)(3)Paragraph 5 and 6.

Appears in 1 contract

Samples: Letter Agreement (Curon Medical Inc)

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rentadditional rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3) 4.c.3 during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share of Expensesexpenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses all present rent due under this Section 4(b)(3)4.c.3.

Appears in 1 contract

Samples: Styrochem International LTD

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Tenant’s Share of Expenses beginning on the date Tenant takes possession of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's ’s Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(3) during the preceding calendar year was less than the actual amount of Tenant's ’s Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's Tenant’s receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to audit Landlord’s books and records or contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's ’s Share of Expenses. If Tenant's ’s payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's ’s Share of Expenses due under this Section 4(b)(3).

Appears in 1 contract

Samples: Letter Agreement (Blue Nile Inc)

MONTHLY PAYMENT OF EXPENSES. If Tenaxx'x xortion of said estimate of Expenses shows an increase for the remainder of the calendar year over the Annual Expense Base, as set forth in Section 1, Tenant shall pay to Landlord, as additional rent, such estimated increase in monthly in advance, as Additional Rent, installments of one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession of the Premises. If Tenaxx'x xortion of said estimate of Expenses shows an increase for subsequent calendar years over the Annual Expense Base, as set forth in Section 1 ,Tenant shall pay to Landlord as additional rent, such estimated increase in monthly installments o, one-twelfth f1/12) beginning on January 1 of the forthcoming calendar year, and one-twelfth 11/12) on the first day of each succeeding calendar month. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share share of Expenses. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3) 4.c.3 during the preceding calendar year was less than the actual amount of Tenant's Share share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though though, the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, due BUT TENANT SHALL PAY ITS SHARE OF THE EXPENSES DURING SUCH PROTEST; failure to so notify Landlord shall represent final determination of Tenant's Share share of Expensesexpenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses all present rent due under this Section 4(b)(3)4.c.3. TENANT SHALL HAVE THE RIGHT TO A REASONABLE INSPECTION OR AUDIT OF THE BOOKS AND RECORDS OF LANDLORD UPON NOTICE AND DURING REGULAR BUSINESS HOURS AT TENANT'S SOLE COST.

Appears in 1 contract

Samples: Security Associates International Inc

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rentadditional rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3) 4.c.3 during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's receipt Tenaxx'x xeceipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share of Expensesexpenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses all present rent due under this Section 4(b)(3)4.c.3.

Appears in 1 contract

Samples: Optiva Corp /Wa/

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of XxxxxxTxxxxx's Share of Expenses beginning on the date Tenant takes possession of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(3) during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTxxxxx's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(3).

Appears in 1 contract

Samples: Basic Lease Terms (Helix Biomedix Inc)

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, as additional rent, Tenant's Percentage of THE estimated Expenses in monthly in advance, as Additional Rent, one-installments of one twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession commencement of the Premisesterm and 1/12/ on the first day of each succeeding calendar month. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share share of Expenses. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3) 4.c.3 during the preceding calendar year was less than the actual amount of Tenant's Share share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share share of Expensesexpenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses all present rent due under this Section 4(b)(3)4.c.3.

Appears in 1 contract

Samples: Invivo Corp

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rentadditional rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3) 4.c.3 during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease lease has been terminated prior to XxxxxxTenant's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share of Expensesexpenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses all present rent due under this Section 4(b)(3)4.c.3.

Appears in 1 contract

Samples: Quality Care Solutions Inc

MONTHLY PAYMENT OF EXPENSES. Subject to the provisions of Exhibit "K," R-3, Tenant shall pay to Landlord, as additional rent, such estimated expenses in monthly in advanceinstallments of one twelfth (1/12) beginning on Lease Commencement, as Additional Rent, and one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession first day of the Premiseseach succeeding calendar month. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expensesyear. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3) 4.c.3 during the preceding calendar year was less than the actual amount of Tenant's Share of the Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice, subject to the provisions of Exhibit "K," R-4. Tenant shall have thirty ninety (3090) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share the amount of the Expenses. If Tenant's payments were greater than the actual amount, then such overpayment ove1payment shall be credited by Landlord to Tenant's Share and xxxxx an equal amount of Expenses rent due under this Section 4(b)(3)4c3; provided that if the Lease has expired or terminated and no rent or other expense is due and payable by Tenant to Landlord under this Lease, any such overpayment shall be refunded to Tenant at the same time that Landlord issues its statement of accounting to Tenant.

Appears in 1 contract

Samples: Letter Agreement (KBS Real Estate Investment Trust II, Inc.)

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Tenant’s Share of Expenses beginning on the date Tenant takes possession Commencement Date for that portion of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's ’s Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(34(c)(3) during the preceding calendar year was less than the actual amount of Tenant's ’s Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's Tenant’s receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's ’s Share of Expenses. If Tenant's ’s payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's ’s Share of Expenses due under this Section 4(b)(34(c)(3). If such overpayment is determined after termination of this Lease, then such overpayment shall be paid by Landlord to Tenant within thirty (30) days after the annual expense statement is completed with deduction of any remaining sums owed by Tenant to Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (F5 Networks Inc)

MONTHLY PAYMENT OF EXPENSES. If Xxxxxx’s portion of said estimate of Expenses for the forthcoming calendar year is greater than Tenant’s portion of the Expenses established for the Base Year shown in Subparagraph 1(m), Tenant shall pay to Landlord, as additional rent, such estimated excess in monthly in advance, as Additional Rent, installments of one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses such total excess amount beginning on the date Tenant takes possession January 1 of the Premisesforthcoming calendar year, and one-twelfth (1/12) of such total excess amount on the first day of each succeeding calendar month. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share ’s share of Expenses. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3Subparagraph _(c) during the preceding calendar year was less than the actual amount of Tenant's Share ’s share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term Term of this Lease Leases has expired or this Lease has been terminated prior to Xxxxxx's Tenant’s receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share ’s share of Expenses. If Tenant's ’s payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses ____ present rent due under this Section 4(b)(3)Lease.

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

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MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent Expenses paid by Tenant under this Section 4(b)(3) during the preceding calendar year was were less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 thirty (30) days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(3).

Appears in 1 contract

Samples: Basic Lease Terms (Cellcyte Genetics Corp)

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of XxxxxxTenant's Share of Expenses beginning on the date Tenant takes possession of possessxxx xx the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent Expenses paid by Tenant under this Section xxxx Xection 4(b)(3) during the preceding calendar year was were less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 thirty (30) days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice. Tenant shall have thirty (3000) days xxys from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(3).

Appears in 1 contract

Samples: Lease (Source Energy Corp /Ut/)

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of XxxxxxTenant's Share of Expenses beginning on the date Tenant takes possession xxxxxssion of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(3) during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice. Tenant shall have thirty (30) days from daxx xxxm receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(3).

Appears in 1 contract

Samples: Work Letter Agreement (Neah Power Systems, Inc.)

MONTHLY PAYMENT OF EXPENSES. Subject to the provisions of Exhibit "K," R-3, Tenant shall pay to Landlord, as additional rent, such estimated expenses in monthly in advanceinstallments of one twelfth (1/12) beginning on Lease Commencement, as Additional Rent, and one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession first day of the Premiseseach succeeding calendar month. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expensesyear. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3) 4.c.3 during the preceding calendar year was less than the actual amount of Tenant's Share of the Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice, subject to the provisions of Exhibit "K," R-4. Tenant shall have thirty ninety (3090) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share the amount of the Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share and xxxxx an equal amount of Expenses rent due under this Section 4(b)(3)4c3; provided that if the Lease has expired or terminated and no rent or other expense is due and payable by Tenant to Landlord under this Lease, any such overpayment shall be refunded to Tenant at the same time that Landlord issues its statement of accounting to Tenant.

Appears in 1 contract

Samples: Letter Agreement (KBS Real Estate Investment Trust II, Inc.)

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses for the period beginning on with the date Tenant takes possession second month of the PremisesLease Term. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(34(c) (4) during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of TenantXxxxxx's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(34(c)(3).

Appears in 1 contract

Samples: Lease (Tripath Imaging Inc)

MONTHLY PAYMENT OF EXPENSES. Landlord, at its sole discretion, may provide Tenant with an estimate of Expenses for the forthcoming calendar, and Tenant shall pay to Landlord, as additional rent, such estimated excess in monthly in advance, as Additional Rent, installments of one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses such total amount beginning on the date Tenant takes possession January 1 of the Premisesforthcoming calendar year, and one-twelfth (1/12) of such total amount on the first day of each succeeding calendar month. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share share of Expenses. If the Additional Rent additional rent paid by Tenant under this Section 4(b)(3Subparagraph 6(c) during the preceding calendar year was less than the actual amount of Tenant's Share share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to XxxxxxTenant's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, ; failure to so notify Landlord shall represent final determination of Tenant's Share share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses all present rent due under this Section 4(b)(3)Paragraph 5 and 6. In the event that no further Rent is due under the Lease, the Landlord shall refund such overpayment to Tenant. Tenant shall have the right to perform an audit of Landlord's books and records for the purpose of determining the accuracy of Landlord's Expenses. The audit shall: a) be performed at the sole cost and expense of Tenant, b) shall be conducted for the immediately preceding calendar year only, c) be performed at the Landlord's office where such records are kept, and d) be conducted during normal business hours and shall not exceed one (1) business day in length. If such audit reveals that the actual Expenses for any given year were less that the amount that Tenant paid therefor, then Landlord shall pay to Tenant the amount of the overpayment in the manner specified above. If such audit reveals that the actual Expenses for any given year were more than the amount that Tenant paid, then the Tenant shall pay to Landlord the amount of the overpayment within thirty (30) days of such audit.

Appears in 1 contract

Samples: Letter Agreement (Vidamed Inc)

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-one- twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession of the PremisesJanuary 1, 1999. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(3) 4.c.3 during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's receipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(3)4.c.3, or if the Lease has expired or been terminated, any overpayment net of other sums due from Tenant to Landlord shall be refunded to Tenant by check.

Appears in 1 contract

Samples: Onyx Software Corp/Wa

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share of Expenses beginning on the date Tenant takes possession of the PremisesCommencement Date. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(3) during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's receipt of this notice. Tenant shall have thirty ninety (3090) days from receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(3).'s

Appears in 1 contract

Samples: Basic Lease Terms (Applied Microsystems Corp /Wa/)

MONTHLY PAYMENT OF EXPENSES. Tenant shall pay to Landlord, monthly in advance, as Additional Rent, one-twelfth (1/12) of the Annual Estimate of Xxxxxx's Share Tenaxx'x Xhare of Expenses beginning on the date Tenant takes possession of the Premises. As soon as practical following each calendar year, Landlord shall prepare an accounting of actual Expenses incurred during the prior calendar year and such accounting shall reflect Tenant's Share of Expenses. If the Additional Rent paid by Tenant under this Section 4(b)(3) 4.c.3 during the preceding calendar year was less than the actual amount of Tenant's Share of Expenses, Landlord shall so notify Tenant and Tenant shall pay such amount to Landlord within 30 days of receipt of such notice. Such amount shall be deemed to have accrued during the prior calendar year and shall be due and payable from Tenant even though the term of this Lease has expired or this Lease has been terminated prior to Xxxxxx's receipt Tenaxx'x xeceipt of this notice. Tenant shall have thirty (30) days from receipt of such notice to contest the amount due, failure to so notify Landlord shall represent final determination of Tenant's Share of Expenses. If Tenant's payments were greater than the actual amount, then such overpayment shall be credited by Landlord to Tenant's Share of Expenses due under this Section 4(b)(34.c.3. Tenant or its accountants shall have the right to inspect and audit Landlord's books and records with respect to this Lease once each calendar to verify actual Expenses for the prior calendar year. Tenant may not use a property manager or developer (or an affiliate of a property manager or developer) to conduct such an audit. The books and records shall be kept in accord with generally accepted accounting principles. If Tenaxx'x xudit of the Expenses reveals an overcharge of more than three percent (3%), Landlord promptly shall reimburse Tenant for the out-of-pocket cost of the audit paid to third-party auditors. Any overcharge or underpayment of Expenses shall be due from one party to the other within thirty (30) days after the amount of the overcharge or underpayment has been fixed.

Appears in 1 contract

Samples: Eden Bioscience Corp

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