Common use of Operating Charges Clause in Contracts

Operating Charges. Tenant shall pay to Landlord, as additional rent, Tenant’s Proportionate Share of Operating Charges as defined below. Estimated amounts of such additional rent shall be paid in monthly installments in advance on the first day of each month during the Term. The initial estimated payment of Tenant’s Proportionate Share of Operating Charges is set forth in Section 1.9. From time to time during the Term, Landlord may notify Tenant in writing of any adjustment to the monthly installments to be paid by Tenant hereunder and thereafter Tenant shall make payments accordingly. Within sixty (60) days after the expiration of each calendar year or as soon thereafter as is reasonably practicable (but not later than 90 days after the expiration of each calendar year), Landlord shall notify Tenant of the actual Operating Charges for such calendar year and provide Tenant a written statement thereof in reasonable detail. Within thirty (30) days after such notice, Tenant shall pay to Landlord or Landlord shall credit against the obligations of Tenant, as the case may be, the difference between the estimated payments made by Tenant during the prior calendar year and the actual amount of Tenant’s Proportionate Share of Operating Charges as shown on such statement. Tenant’s Proportionate Share of Operating Charges for the years in which the Term commences and ends shall be prorated based upon the number of days of the Term during such years. Tenant’s obligation for Tenant’s Proportionate Share of Operating Charges through the Termination Date shall survive termination.

Operating Charges. Tenant shall pay to Landlord, as additional rent, Tenant’s 's Proportionate Share of Operating Charges as defined below. Estimated amounts of such additional rent shall be paid in monthly installments in advance on the first day of each month during the Term. The initial estimated payment of Tenant’s 's Proportionate Share of Operating Charges is set forth in Section 1.91.8. Commencing in calendar year 2002, prior to the end of each calendar year, Landlord shall provide Tenant a budget of estimated Operating Charges for the forthcoming calendar year. Such budget shall be based on the actual Operating Charges for the current calendar year and any reasonably anticipated adjustments thereto. From time to time during the Term, Landlord may notify Tenant in writing of any adjustment to the monthly installments to be paid by Tenant hereunder and thereafter Tenant shall make payments accordingly. Within sixty (60) days after the expiration of each calendar year or as soon thereafter as is reasonably practicable (but not later than 90 days after the expiration of each calendar year)practicable, Landlord shall notify Tenant of the actual Operating Charges for such calendar year and provide Tenant a written statement thereof in reasonable detail. Within thirty (30) days after such noticereceipt of Landlord's statement, Tenant shall pay to Landlord or Landlord shall credit against the obligations of Tenant, as the case may be, the difference between the estimated payments made by Tenant during the prior calendar year and the actual amount of Tenant’s 's Proportionate Share of Operating Charges as shown on such statement. Tenant’s 's Proportionate Share of Operating Charges for the years in which the Term commences and ends shall be prorated based upon the number of days of the Term during such years. Tenant’s 's obligation for Tenant’s 's Proportionate Share of Operating Charges through the Termination Date and Landlord's obligation to refund any overpayment by Tenant shall survive termination.

Operating Charges. From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, Tenant’s 's Proportionate Share of Operating Charges (as defined below). Estimated amounts of such Such additional rent shall be paid within ten days after demand from Landlord or, at Landlord's option, in advance in monthly installments in advance on the first day of each calendar month during the TermTerm in an amount estimated by Landlord from time to time to provide funds sufficient to pay Tenant's annual obligation for such costs and expenses. Landlord shall deliver to Tenant a budget setting forth anticipated Operating Charges for the remainder of the first calendar year of the term of this Lease (an "Estimated Budget"). Prior to the commencement of each successive calendar year during the term of this Lease, Landlord shall deliver to Tenant an Estimated Budget for the upcoming calendar year. The initial Estimated Budget shall set forth the estimated payment of Tenant’s Proportionate Share of Operating Charges is set forth in Section 1.9reasonable detail with respect to each category of expense. From time to time during the TermTerm (but not more than once annually), Landlord may notify Tenant in writing of any reasonable adjustment to in the monthly installments to be paid by Tenant hereunder due hereunder, and thereafter Tenant shall make payments accordingly. Within sixty (60) days after the expiration of each calendar year or as soon thereafter as is reasonably practicable (but not later than 90 ninety days after the expiration of each calendar year), or as soon thereafter as is reasonably practicable, Landlord shall notify Tenant of the actual Operating Charges for such calendar year and provide Tenant a written statement thereof in reasonable detaildetail showing the actual amount of additional rent, if any, payable by Tenant under this section 3.2, and showing the amounts with respect to the various categories of Operating Charges. Within thirty (30) ten days after such notice, Tenant shall pay to Landlord or Landlord shall credit against the obligations of Tenant or if at the end of the term, refund any excess amounts paid by Tenant, as the case may be, the difference between the estimated payments made by Tenant during the prior calendar year and the actual amount of Tenant’s Proportionate Share of Operating Charges additional rent due from Tenant as shown on such statement. Tenant’s Proportionate Share of Operating Charges 's obligation for additional rent under this section 3.2 for the years year in which the Term commences and ends shall be prorated based upon the number of days of the Term during such years. Tenant’s 's obligation for Tenant’s Proportionate Share of Operating Charges additional rent under this section 3.2 through the Termination Date and Landlord's obligation to refund any excess amounts paid by Tenant shall survive termination.