Common use of Payment of Other Charges Clause in Contracts

Payment of Other Charges. Within ninety (90) days after the expiration of each Lease Year of the Lease Term (or as soon thereafter as such information becomes available), Landlord shall notify Tenant in writing of Landlord's estimate of Tenant's Share of the Other Charges due for the next Lease Year. Tenant shall pay the estimated Tenant's Share in advance in equal monthly installments on the first day of each month of such Lease Year. During the period of time following the expiration of a Lease Year and Tenant's receipt of its estimated Tenant's Share, Tenant shall continue to pay Landlord the same amounts that were estimated for the prior Lease Year. Within ninety (90) days after the end of each Lease Year, or as soon thereafter as such information becomes available, Landlord shall compute Tenant's Share for such Lease Year based upon the actual amount of the Other Charges for that Lease Year, and if the total amount paid by Tenant for such Lease Year is less than the actual amount of Tenant's Share for such Lease Year, Tenant shall pay Landlord any deficiency promptly upon receipt of a written notice of the amount thereof from Landlord. If the total amount paid by Tenant for such Lease Year exceeds the actual amount of Tenant's Share, Landlord shall credit such excess to the next monthly payments of Tenant's Share of Other Charges which thereafter come due. If this Lease commences at a time other than the beginning of a calendar year, Tenant shall pay the estimated Tenant's Share for the remaining portion of the initial Lease Year from and including the Commencement Date. If this Lease expires at a time other than the last day of a calendar year, Tenant shall be obligated to pay immediately any deficiencies which shall be computed at the expiration of that Lease Year. If the estimated amount Tenant has paid for that Lease Year exceeds the actual amount of Tenant's Share, and if Tenant has otherwise complied with all of the terms and provisions of this Lease and has paid all amounts that are or may otherwise become payable to Landlord, Landlord shall credit such excess to the next payment or payments of Additional Rent due hereunder, or refund such excess to Tenant if such excess occurs in the final Lease Year of the Lease Term. If at any time during a Lease Year the amount of the estimated Other Charges increases over the actual amount thereof for the preceding Lease Year, or if the estimated Other Charges for a Lease Year are revised and exceed the previously estimated Other Charges for such Lease Year, then Landlord may, at its election, adjust the amount of monthly estimated installments due during the balance of that Lease Year to compensate for such increase. Any increased payments required to be made pursuant to this Section shall be made within thirty (30) days after Landlord has notified Tenant thereof. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.

Appears in 2 contracts

Samples: Eddie Bauer Holdings, Inc., Eddie Bauer Holdings, Inc.

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Payment of Other Charges. Within ninety sixty (9060) days after the expiration of each Lease Year Accounting Period of the Lease Term (or as soon thereafter as such information becomes available), Landlord shall will notify Tenant in writing of Landlord's ’s estimate of Tenant's Share ’s share of the Other Charges due for the next Lease Yearthen current Accounting Period. Landlord’s estimate shall be based upon the actual amount of the Other Charges for the previous Accounting Period plus Landlord’s reasonable estimate of the increase in such operation costs for the then current Accounting Period. Notwithstanding Landlord’s actual estimate, in no event shall Tenant’s payment to Landlord for the portion of University Village Expenses payable by Tenant increase by more than five percent (5%) per year on a non-cumulative basis. Tenant shall pay the estimated Tenant's Share ’s share in advance in equal monthly installments on the first day of each month of such Lease Year. During the period of time following the expiration of a Lease Year and Tenant's receipt of its estimated Tenant's Share, Tenant shall continue to pay Landlord the same amounts that were estimated for the prior Lease YearAccounting Period. Within ninety sixty (9060) days after the end of each Lease Year, or as soon thereafter as such information becomes availableAccounting Period, Landlord shall will compute Tenant's Share ’s share for such Lease Year Accounting Period based upon the actual amount of the Other Charges for that Lease YearAccounting Period. Landlord shall furnish Tenant with a reasonably detailed statement of Tenant’s proportionate share, and if the total amount paid by Tenant for such Lease Year Accounting Period is less than the actual amount of Tenant's Share ’s share for such Lease YearAccounting Period, Tenant shall pay Landlord any deficiency promptly upon receipt of a written notice of deficiency, subject to the amount thereof from Landlord5% cap on annual increases described above. If the total amount paid by Tenant for such Lease Year Accounting Period exceeds the actual amount of Tenant's Share’s share, Landlord shall credit such excess to the next monthly payments of Tenant's Share of Other Charges ’s share which thereafter come due. If this Lease commences at a time Any excess payments made by Tenant of taxes, common area maintenance expenses, promotional fund payments, Merchants’ Association Dues or any other than the beginning items of a calendar yearAdditional Rent, shall be refunded to Tenant shall pay the estimated Tenant's Share for the remaining portion within thirty (30) days following reconciliation of the initial Lease Year from and including accounting period for which such payments were made, unless credited to the Commencement Datenext Rent due. If this Lease expires at a time other than the last day expiration date of a calendar yearan Accounting Period, Tenant shall be obligated to pay immediately any deficiencies which shall be computed at the expiration of that Lease YearAccounting Period. If the estimated amount Tenant has paid for that Lease Year Accounting Period exceeds the actual amount of Tenant's Share’s share, and if Tenant has otherwise complied with all of the terms and provisions of this Lease and has paid all amounts that are or may otherwise become payable to LandlordLease, Landlord shall credit such excess to the next payment or payments of Additional Rent due hereunder, or refund such excess to Tenant if such excess occurs in the final Lease Year of the Lease TermTenant. If at any time during a an Accounting Period after the first Lease Year Year, the amount of the estimated Other Charges increases over the actual amount thereof for the preceding Lease YearAccounting Period, or if the estimated Other Charges for a Lease Year are revised and exceed the previously estimated Other Charges for such Lease Year, then Landlord may, at its election, but not more than once in any Accounting Period and subject to the cap on increases, adjust the amount of monthly estimated installments due during the balance of that Lease Year calendar year to compensate for reflect such increase. Any increased payments required to be made pursuant to this Section shall be made within thirty (30) days after Landlord has notified Tenant thereof. Tenant's ’s obligations under this Section shall survive the expiration or termination of this Lease. Landlord shall provide Tenant with a receipted copy of the tax xxxx upon Tenant’s written request.

Appears in 1 contract

Samples: University Village (J Crew Operating Corp)

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Payment of Other Charges. Within ninety (90) days after Prior to the expiration first day of each Lease Year of the Lease Term (or as soon thereafter as such information becomes available), ) Landlord shall will notify Tenant in writing of Landlord's estimate of Tenant's Share share of the Other Charges due for the next Lease Year. Landlord's estimate shall be based upon the actual amount of the Other Charges for the immediately preceding Lease Year and Landlord's estimate of Other Charges for the next Lease Year. Tenant shall pay the estimated Tenant's Share share in advance in twelve (12) equal monthly installments on the first day of each month of such Lease Year. During the period of time following the expiration of a Lease Year and Tenant's receipt of its estimated Tenant's Share, Tenant shall continue to pay Landlord the same amounts that were estimated for the prior Lease Yearyear. Within ninety thirty (9030) days after the end of each Lease Year, or as soon thereafter as such information becomes available, Landlord shall will compute Tenant's Share share for such Lease Year based upon the actual amount of the Other Charges for that Lease Year, and if the total amount paid by Tenant for such Lease Year is less than the actual amount of Tenant's Share share for such Lease YearYears, Tenant shall pay Landlord any deficiency promptly upon receipt of a written notice of the amount thereof from Landlorddeficiency. If the total amount paid by Tenant for such Lease Year exceeds the actual amount of Tenant's Shareshare, Landlord shall credit such excess to the next monthly payments of Tenant's Share of Other Charges which thereafter come due. If this Lease the Term commences at a time other than the beginning of Of a calendar yearLease Year, Tenant shall pay the estimated estimate of Tenant's Share share for the portion remaining portion of the initial Lease Year from and including based upon the Commencement Datenumber of days of the Term in such Lease Year. If this Lease expires at a time other than the last day expiration date of a calendar yearLease Year, Tenant shall be obligated to pay immediately any deficiencies which shall be computed at the expiration of that Lease Year. If the estimated amount Tenant has paid for that Lease Year exceeds the actual amount of Tenant's Share, and if Tenant has otherwise complied with all of the terms and provisions of this Lease and has paid all amounts that are or may otherwise become payable to Landlordshare, Landlord shall credit such excess to the next payment or payments of Additional Rent due hereunder, or refund such excess to Tenant if such excess occurs in the final Lease Year of the Lease TermTenant. If at any time during a Lease Year the amount of the estimated Other Charges increases over the actual amount thereof for the preceding Lease Yearestimated amount, or if the estimated Other Charges for a Lease Year are revised and exceed the previously estimated Other Charges for such Lease Year, then Landlord may, at its election, adjust the amount of monthly estimated installments due during the balance of that Lease Year to compensate for reflect such increase. Any increased payments required to be made pursuant to this Section Subsection shall be made within thirty (30) days after Landlord has notified Tenant thereof. Tenant's obligations under this Section Subsection shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Lease (Eschelon Telecom Inc)

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