Common use of Operating Expense Payments Clause in Contracts

Operating Expense Payments. Landlord shall deliver to Tenant a written estimate of Operating Expenses for each calendar year during the Term (the “Annual Estimate”), which may be revised by Landlord from time to time during such calendar year. Commencing on (i) with respect to the First Floor Premises, the earlier to occur of the First Floor Delivery Date or the date that Landlord could have Delivered the First Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendment, and (ii) with respect to the Second Floor Premises, the earlier to occur of the Second Floor Delivery Date or the date that Landlord could have Delivered the Second Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendment, and continuing thereafter on the first day of each month during the Term, Tenant shall pay Landlord an amount equal to 1/12th of Tenant’s Share of the Annual Estimate. Payments for any fractional calendar month shall be prorated. Notwithstanding anything to the contrary contained in this Lease, for the period commencing on the First Floor Delivery Date through the Second Floor Delivery Date, Tenant shall only be required to pay Operating Expenses with respect to the First Floor Premises (and during such period Tenant’s Share of Operating Expenses of the Building shall be 49.53% and Tenant’s Share of Operating Expenses of Project shall be 18.81%). Tenant shall commence paying Operating Expenses with respect to the Second Floor Premises on the Second Floor Delivery Date; provided, however, that for the period commencing on the Second

Operating Expense Payments. (a) Landlord shall deliver to Tenant a written estimate of Operating Expenses for each calendar year during the Term (the “Annual Estimate”), which may be revised by Landlord from time to time during such calendar year. Commencing on (i) with respect the Commencement Date, subject to the First Floor Premises, the earlier to occur of the First Floor Delivery Date or the date that Landlord could have Delivered the First Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendment, and (ii) with respect to the Second Floor Premises, the earlier to occur of the Second Floor Delivery Date or the date that Landlord could have Delivered the Second Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendmentfollowing paragraph, and continuing thereafter on the first day of each calendar month during the Term, Tenant shall pay Landlord an amount equal to 1/12th of Tenant’s Share of the Annual Estimate. Payments for any fractional calendar month shall be prorated. . (b) Notwithstanding anything to the contrary contained in this Lease, for the period commencing on the First Floor Delivery Date through the Second Floor Delivery Dateherein, Tenant shall only be required to pay Operating Expenses with respect (including Project Amenities Expenses and Property Management Expenses) attributable to 22,000 rentable square feet of the First Floor Premises (and during such period Tenanti.e., ▇▇▇▇▇▇’s Share of Operating Expenses of the Building shall be 49.53% and Tenant’s Share of Operating Expenses of Project shall be 18.8123.57%)) during the Abatement Period. Commencing on the Rent Commencement Date, Tenant shall commence paying pay Operating Expenses with respect to the Second Floor Premises entire Premises, except with respect to the Project Amenities Expenses as reflected in the immediately following paragraph and the Property Management Expenses as reflected in Section 5(b) below. (c) With respect to the Project Amenities Expenses, commencing on the Second Floor Delivery Rent Commencement Date; provided, howeverTenant shall only be required to pay such expenses (i) attributable to 22,000 rentable square feet of the Premises (i.e., that 23.57%) for the period commencing on the SecondRent Commencement Date and ending on the last day of the 16th month after the Commencement Date, and (ii) attributable to 30,000 rentable square feet of the Premises (i.e., 32.14%) for the period commencing on the first day of the 17th month following the Commencement Date and ending on the last day of the Base Term.

Operating Expense Payments. Landlord shall deliver to Tenant a written estimate of Operating Expenses for each calendar year during Beginning on the Term (the “Annual Estimate”)Rent Commencement Date, which may be revised by Landlord from time to time during such calendar year. Commencing on (i) with respect to the First Floor Premises, the earlier to occur of the First Floor Delivery Date or the date that Landlord could have Delivered the First Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendment, and (ii) with respect to the Second Floor Premises, the earlier to occur of the Second Floor Delivery Date or the date that Landlord could have Delivered the Second Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendment, and continuing thereafter on the first day of each calendar month during the Term, Tenant shall pay Landlord to Landlord, as Additional Rent, an amount of money equal to 1/12th of Tenant’s Share of the Annual Estimate. Payments for any fractional calendar month shall be prorated. Notwithstanding anything to the contrary contained in this Lease, for the period commencing on the First Floor Delivery Date through the Second Floor Delivery Date, Tenant shall only be required to pay Operating Expenses with respect to the First Floor Premises (and during such period Tenant’s Share of Operating Expenses Costs (“Tenant’s Operating Costs Payment”), for each year or fractional year during the Term, such amount to be calculated and paid as follows: A. Within sixty (60) days following the Commencement Date, and on the first day of January of each year during the Building Term thereafter, or as soon thereafter as is practicable, Landlord shall be 49.53% furnish Tenant with a statement (“Landlord’s Operating Costs Estimate”) setting forth Landlord’s reasonable estimate of Operating Costs as defined in Section 5.2 and as adjusted pursuant to Section 5.3 for the forthcoming year and Tenant’s Share Operating Costs Payment for such year, as adjusted pursuant to Section 5.3. On the first day of Operating Expenses of Project shall be 18.81%). each calendar month during such year, Tenant shall commence paying pay to Landlord one-twelfth (1/12th) of Tenant’s Operating Expenses Costs Payment as estimated on Landlord’s Operating Costs Estimate. If during any calendar year actual Operating Costs exceed Landlord’s Operating Costs Estimate for such calendar year, Landlord may send Tenant a revised Landlord’s Operating Costs Estimate, and, upon receipt thereof, Tenant shall thereafter make monthly payments as set forth in the revised Landlord’s Operating Cost Estimate. If for any reason Landlord has not provided Tenant with respect to the Second Floor Premises Landlord’s Operating Costs Estimate on the Second Floor Delivery Date; providedfirst day of January of any year during the Term, howeverthen until the first day of the calendar month following the month in which Tenant is given Landlord’s Operating Costs Estimate, that Tenant shall continue to pay to Landlord on the first day of each calendar month the sum, if any, payable by Tenant under this Section 5.1 for the period commencing on month of December of the Secondpreceding year.

Operating Expense Payments. (a) Subject to Paragraph 6(e), if Operating Expenses payable in any calendar year falling wholly or partially within the Term shall be in such amount as shall constitute an increase above the Base Factor, Tenant shall pay as Additional Rent for such calendar year Tenant's Operating Payment. (b) Notwithstanding any other provision contained herein to the contrary, if the Building is not fully occupied during any calendar year or if the entire Building is not provided with building standard service during any calendar year, then for purposes of the computation of Tenant's Operating Payment, each component of Operating Expenses including, but not limited to, electrical power, management fees, insurance, janitorial expenses, on-site labor, shall be computed for such year as though 95% of the entire Building had been provided with building standard services during such year. (c) Landlord shall deliver may, with respect to any calendar year, furnish to Tenant a written reasonable estimate of Tenant's Operating Expenses Payment for each calendar year during the Term (the “Annual Estimate”), which may be revised by Landlord from time to time during such calendar year. Commencing on (i) with respect to the First Floor Premises, the earlier to occur of the First Floor Delivery Date or the date that Landlord could have Delivered the First Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendment, and (ii) with respect upon receipt of such estimate, Tenant will thereafter pay to the Second Floor Premises, the earlier to occur of the Second Floor Delivery Date or the date that Landlord could have Delivered the Second Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendment, and continuing thereafter on the first day of each month during the Termsuch year an amount equal to one-twelfth of such estimate. Landlord may revise such estimate from time to time. Until such estimate has been furnished to Tenant, Tenant shall pay Landlord to Landlord, on the first day of each month during such year, an amount equal to 1/12th one-twelfth of the Tenant's Operating Payment for the previous calendar year. Within ninety (90) days of the end of each calendar year, Landlord shall furnish Tenant with a reconciliation statement, with supporting documents reasonably satisfactory to Tenant, setting forth the Tenant's Operating Payment for such prior calendar year and the amounts paid by Tenant on account thereof. Tenant may, at its cost, review all paid invoices and other calculations furnished by Landlord and Landlord's books pertaining to Operating Expenses. Any deficiency in the payment of Tenant’s Share of the Annual Estimate. Payments for any fractional calendar month 's Operating Payment pursuant to such statement shall be prorated. Notwithstanding anything payable within thirty (30) days after receipt of such statement, and the amount of any overpayment by Tenant shall be applied to the contrary contained next month's installment of Tenant's Operating Payment then due, with the residual thereafter, if any, refunded by Landlord to Tenant within thirty (30) days after delivery of such statement. (d) Any Additional Rent payable by Tenant pursuant to this Paragraph 6 shall be collectible by Landlord in this Leasethe same manner as Basic Rent. (e) If the Commencement Date or the Expiration Date shall occur on a date other than January 1 or December 31, respectively, any Tenant's Operating Payment for the period commencing on calendar year in which the First Floor Delivery Commencement Date through or Expiration Date shall occur, as the Second Floor Delivery Datecase may be, shall be prorated based upon actual number of days. In no event shall Basic Rent ever be reduced by operation of this Paragraph 6. The rights and obligations of Landlord and Tenant shall only be required to pay Operating Expenses under the provisions of this Paragraph 6 with respect to any Additional Rent shall survive the First Floor Premises (and during such period Tenant’s Share of Operating Expenses Expiration Date or any sooner termination of the Building shall Term. (f) Tenant will be 49.53% responsible for ad valorem taxes on its personal property and on the value of leasehold improvements in the Premises made after the Commencement Date. If the taxing authorities do not separately assess Tenant’s Share 's leasehold improvements, Landlord may make reasonable allocation of Operating Expenses of Project shall be 18.81%). Tenant shall commence paying Operating Expenses with respect the ad valorem taxes allocated to the Second Floor Premises on the Second Floor Delivery Date; provided, however, that for the period commencing on the SecondBuilding to give effect to this paragraph).

Operating Expense Payments. Landlord shall endeavor to deliver to Tenant Tenant, at least 30 days prior to the beginning of each calendar year of the Term, a written estimate of Operating Expenses for each calendar year during the Term (the “Annual Estimate”), which may be revised by Landlord from time to time during such calendar yearyear but no more than quarterly. Commencing on (i) with respect to the First Floor Premises, the earlier to occur of the First Floor Delivery Rent Commencement Date or the date that Landlord could have Delivered the First Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendment, and (ii) with respect to the Second Floor Premises, the earlier to occur of the Second Floor Delivery Date or the date that Landlord could have Delivered the Second Floor Premises to Tenant but for Tenant Delays occurring after the date of the First Amendment, and continuing thereafter on the first day of each month during of the Term, Tenant shall pay Landlord an amount equal to 1/12th of Tenant’s Share of the Annual Estimate. Payments for any fractional calendar month shall be prorated. Notwithstanding anything to the contrary contained in this Lease, for the period commencing on the First Floor Delivery Date through the Second Floor Delivery Dateherein, Tenant shall only be required to pay Operating Expenses under this Lease with respect to only (i) 96,000 rentable square feet of the First Floor Premises (commencing on the Rent Commencement Date through the expiration of the 18th full calendar month after the Rent Commencement Date and during such period Tenant’s Share of Operating Expenses for the Building and Project shall be 56.27% and 31.99%, respectively, and (ii) 128,000 rentable square feet of the Building shall be 49.53% Premises commencing on the first day of the 19th full calendar month after the Rent Commencement Date through the expiration of the 30th full calendar month after the Rent Commencement Date and during such period Tenant’s Share of Operating Expenses of for the Building and Project shall be 18.8175.02% and 42.66%), respectively. Tenant shall commence paying all of Tenant’s Share of Operating Expenses with respect to for the Second Floor Premises Building and Project on the Second Floor Delivery first day of the 31st full calendar month after the Rent Commencement Date; provided, however, that for the period commencing on the Second.