Common use of Operating Expense Excess Clause in Contracts

Operating Expense Excess. With respect to the Expansion Space only, Tenant shall pay to Landlord, with respect to any Operating Year, Tenant’s Proportionate Share of the amount (if any) by which Operating Costs for the Expansion Space only for such Operating Year exceeds Operating Costs in the Operating Costs Base Year, such sum being hereinafter referred to as “Operating Expense Excess”. In determining Operating Costs in the Operating Costs Base Year, there shall be excluded from the Operating Costs for said Operating Costs Base Year any nonrecurring Operating Costs. In implementation and not in limitation of the foregoing, Tenant shall remit to Landlord pro rata monthly installments on account of projected Operating Expense Excess, calculated by Landlord on the basis of the most recent Operating Costs date or budget available. If the total of such monthly remittances on account of any Operating Year is greater than the actual Operating Expense Excess for such Operating Year, Tenant may credit the different against the next installment of rent or other charges due to Landlord hereunder. If the total of such remittances is less than actual Operating Expense Excess for such Operating Year, Tenant shall pay the difference to Landlord when billed therefor.

Operating Expense Excess. With respect to If the Expansion Space onlyOperating Costs in any Operating Year exceed the Operating Costs in the Base Year, Tenant shall pay to Landlord, with respect to any Operating Year, Landlord Tenant’s 's Proportionate Share of the amount (if any) by which Operating Costs for the Expansion Space only for such Operating Year exceeds Operating Costs in the Operating Costs Base Yearexcess, such sum amount being hereinafter referred to as “"Operating Expense Excess”. In determining ." Operating Costs in the Operating Costs Base Year, there Expense Excess shall be excluded from due thirty (30) days after the Operating Costs for said Operating Costs Base Year any nonrecurring Operating Costsdate of billing by Landlord. In implementation and not in limitation of the foregoing, Tenant shall remit to Landlord pro rata monthly installments on account of projected Operating Expense Excess, calculated in good faith by Landlord on the basis of the most recent Operating Costs date data or budget available. If the total of such monthly remittances on account of any Operating Year is greater than the actual Operating Expense Excess for such Operating Year, Tenant may credit the different difference against the next installment of rent or other charges due to Landlord hereunder, except that if such difference is determined after the end of the term of the Lease, Landlord shall refund such difference to Tenant to the extent that such difference exceeds any amounts then due from Tenant to Landlord. If the total of such remittances is less than actual Operating Expense Excess for such Operating Year, Tenant shall pay the difference to Landlord when billed thirty (30) days after billing therefor.