Common use of Operating Expense Increases Clause in Contracts

Operating Expense Increases. (a) Tenant shall during the term of this lease pay as additional rent an amount (per each square foot of rentable area within the leased premises) equal to the excess ("Excess") from time to time of actual Basic Cost per rentable square foot in the Building over $the operating expenses from the period of January 1, 1993 through December 31, 1993. *Landlord, at its option, may collect such additional rent in a lump sum, to be due and payable within thirty (30) days after Landlord furnishes to Tenant a statement of actual Basic Cost of the previous year, or beginning with January 1 of the first full calendar year following the Commencement Date, and on each January 1 thereafter. Landlord shall also have the option to make a good faith estimate of the Excess for each upcoming calendar year and upon thirty (30) days' written notice to Tenant may require the monthly payment of such additional rent equal to one-twelfth (1/12) of such estimate. (b) By April 30th of each calendar year during Tenant's occupancy, or as soon thereafter as practical Landlord shall furnish to Tenant a statement of Landlord's actual Basic Cost for the previous year. If for any calendar year additional rent collected for the prior year as a result of Landlord's estimate of Basic Costs is in excess of the additional rent actually due during such prior year, then Landlord shall refund to Tenant any overpayment. Likewise, Tenant shall pay to Landlord, on demand, any underpayment with respect to the prior year.

Operating Expense Increases. (a) Tenant shall during the term of this lease pay as additional rent an amount (per each square foot of rentable area within the leased premises) equal to the excess ("Excess") from time to time of actual Basic Cost per rentable square foot in the Building over $the --- operating expenses from the period of January 1, 1993 1995 through ------------------------------------------------ ------- December 31, 1993. *1995 Landlord, at its option, may collect such ------------ additional rent in a lump sum, to be due and payable within thirty (30) days after Landlord furnishes to Tenant a statement of actual Basic Cost of for the previous year, or beginning with January 1 of the first full calendar year following the Commencement Date1, 1996, and on each January 1 thereafter. Landlord shall also have the option to make a good faith estimate of the Excess for each upcoming calendar year and upon thirty (30) days' written notice to Tenant may require the monthly payment of such additional rent equal to one-one- twelfth (1/12) of such estimate.. SEE ALSO SECTION 40.10 (b) By April 30th of each calendar year during Tenant's occupancy, or as soon thereafter as practical practical, Landlord shall furnish to Tenant a statement of Landlord's actual Basic Cost for the previous year. If for any calendar year additional rent collected for the prior year as a result of Landlord's estimate of Basic Costs is in excess of the additional rent actually due during such prior year, then Landlord shall refund to Tenant within 10 days of written notice any overpayment. Likewise, Tenant shall pay to Landlord, on demandwithin 10 days of written notice, any underpayment with respect to the prior year.

Operating Expense Increases. (a) Tenant shall during the term of this lease pay as additional rent an amount (per each square foot of rentable area within the leased premises) equal to the excess ("Excess") from time to time of actual Basic Cost per rentable square foot in the Building over $the --- operating expenses from the period of January 1, 1993 1995 through December ------------------------------------------------ ---------------- 31, 1993. *1995 Landlord, at its option, may collect such additional rent in --- a lump sum, to be due and payable within thirty (30) days after Landlord furnishes to Tenant a statement of actual Basic Cost of for the previous year, or beginning with January 1 of the first full calendar year following the Commencement Date1, 1996, and on each January 1 thereafter. Landlord shall also have the option to make a good faith estimate of the Excess for each upcoming calendar year and upon thirty (30) days' written notice to Tenant may require the monthly payment of such additional rent equal to one-twelfth (1/12) of such estimate.. SEE ALSO SECTION 40.10 (b) By April 30th of each calendar year during Tenant's occupancy, or as soon thereafter as practical practical, Landlord shall furnish to Tenant a statement of Landlord's actual Basic Cost for the previous year. If for any calendar year additional rent collected for the prior year as a result of Landlord's estimate of Basic Costs is in excess of the additional rent actually due during such prior year, then Landlord shall refund to Tenant within 10 days of written notice any overpayment. Likewise, Tenant shall pay to Landlord, on demandwithin 10 days of written notice, any underpayment with respect to the prior year.