Common use of Statement of Actual Direct Expenses and Payment by Tenant Clause in Contracts

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the “Statement”) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, of any Excess. Upon receipt of the Statement for each Expense Year ending during the Lease Term, if an Excess is present, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as Estimated Excess. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is present, Tenant shall immediately pay to Landlord an amount as calculated pursuant to the provisions of Section 4.3.1 above. The provisions of this Section 4.3.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

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Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the "Statement") which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of any the Excess. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, if an Excess is present, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 4.4.2, below. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s 's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is if present, Tenant shall immediately pay to Landlord an amount as calculated pursuant to the provisions of Section 4.3.1 abovesuch amount. The provisions of this Section 4.3.2 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Team Communication Group Inc)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the “Statement”"STATEMENT") which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of any the Excess. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, if an Excess is present, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 4.4.2, below. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s 's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is if present, Tenant shall immediately pay to Landlord an amount as calculated pursuant to the provisions of Section 4.3.1 abovesuch amount. The provisions of this Section 4.3.2 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Salon Media Group Inc)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, Year a statement (the “Statement”) which shall state setting forth the Direct Expenses incurred or accrued for such that preceding Expense Year, Year and which shall indicate indicating the amount, if any, of any Excessexcess over Direct Expenses applicable to the Base Year. Upon On receipt of the Statement statement for each Expense Year ending during the Lease Term, if Term for which such an Excess is presentexcess exists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excess for such Expense Yearexcess, less the amounts, amounts (if any, ) paid during such that Expense Year as Estimated ExcessExcess (as defined in subsection 6.4.3). The Landlord's failure of Landlord to timely furnish the Statement statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 46. Even though if the Lease Term has expired and Tenant has vacated the Premises, if an excess exists when the final determination is made of Tenant’s 's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is present, Tenant shall immediately pay to Landlord an the amount as calculated pursuant to the provisions of Section 4.3.1 aboveunder subsection 6.4.1. The provisions of this Section 4.3.2 subsection 6.4.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Sublease Agreement (Starent Networks, Corp.)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the "Statement") which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of any the Excess. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, if an Excess is present, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 4.4.2, below. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant Xxxxxx has vacated the Premises, when the final determination is made of Tenant’s 's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is if present, Tenant shall immediately pay to Landlord an amount as calculated pursuant to the provisions of Section 4.3.1 abovesuch amount. The provisions of this Section 4.3.2 4.4.1 shall survive the expiration or earlier termination of the Lease Term.. 4.4.2

Appears in 1 contract

Samples: Aadi Bioscience, Inc.

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant Tenart on or before the first day of April following the end of each Expense Year, Year a statement (the “Statement”) which shall state stating the Direct Expenses incurred or accrued for such that preceding Expense Year, Year and which shall indicate indicating the amount, if any, of any Excess. Upon On receipt of the Statement for each Expense Year ending during the Lease Term, if Term for which an Excess is presentexists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excess for such Expense Yearthat Excess, less the amounts, amounts (if any, ) paid during such that Expense Year as Estimated ExcessExcess (as defined in subsection 4.3.3). The Landlord’s failure of Landlord to timely furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing enforchg its rights under this Article 4. Even though if the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant’s Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is present, Tenant shall immediately pay to Landlord an the amount as calculated pursuant to the provisions of Section 4.3.1 aboveunder subsection 4.3.1. The provisions of this Section subsection 4.3.2 shall survive the expiration expiation or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Inpixon)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, Year a statement (the “"Statement") which shall state stating the Direct Expenses incurred or accrued for such that preceding Expense Year, Year and which shall indicate indicating the amount, if any, of any Excess. Upon On receipt of the Statement for each Expense Year ending during the Lease Term, if Term for which an Excess is presentexists, Tenant shall pay, with its next installment of Base Basic Rent due, the full amount of the Excess for such Expense Yearthat Excess, less the amounts, amounts (if any, ) paid during such the Expense Year as Estimated ExcessExcess (as defined in Subsection 5.3.3). The Landlord's failure of Landlord to timely furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 45. Even though if the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant’s 's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is present, Tenant shall immediately pay to Landlord an the amount as calculated pursuant to the provisions of Section 4.3.1 aboveunder Subsection 5.3.1. The provisions of this Section 4.3.2 Subsection 5.3.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Cayenta Inc

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Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, Year a statement (the “Statement) which shall state stating the Direct Expenses incurred or accrued for such that preceding Expense Year, Year and which shall indicate indicating the amount, if any, of any Excess. Upon On receipt of the Statement for each Expense Year ending during the Lease Term, if Term for which an Excess is presentexists, Tenant shall pay, with its next installment of Base Basic Rent due, the full amount of the Excess for such Expense Yearthat Excess, less the amounts, amounts (if any, ) paid during such that Expense Year as Estimated ExcessExcess (as defined in Subsection 5.3.3). The Landlord's failure of Landlord to timely furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 45. Even though if the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant’s 's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is present, Tenant shall immediately pay to Landlord an the amount as calculated pursuant to the provisions of Section 4.3.1 aboveunder Subsection 5.3.1. The provisions of this Section 4.3.2 Subsection 5.3.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Acc Consumer Finance Corp

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, Year a statement (the “Statement) which shall state stating the Direct Expenses incurred or accrued for such that preceding Expense Year, Year and which shall indicate indicating the amount, if any, of any Excess. Upon On receipt of the Statement for each Expense Year ending during the Lease Term, if Term for which an Excess is presentexists, Tenant shall pay, with its next installment of Base Rent due, the full amount of the Excess for such Expense Yearthat Excess, less the amounts, amounts (if any, ) paid during such that Expense Year as Estimated ExcessExcess (as defined in subsection 5.3.3). The Landlord's failure of Landlord to timely furnish the Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 45. Even though if the Lease Term has expired and Tenant has vacated the Premises, if an Excess exists when the final determination is made of Tenant’s 's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is present, Tenant shall immediately pay to Landlord an the amount as calculated pursuant to the provisions of Section 4.3.1 aboveunder subsection 5.3.1. The provisions of this Section 4.3.2 subsection 5.3.2 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Stock Grant Agreement (Quokka Sports Inc)

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant on or before the first day of April following the end of each Expense Year, a statement (the “Statement”"STATEMENT") which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount, if any, amount of any the Excess. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, if an Excess is present, Tenant shall pay, with its next installment within thirty (30) days following receipt of Base Rent duethe Statement, the full amount of the Excess for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Excess," as that term is defined in Section 4.4.2, below. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s 's Share of the Direct Expenses for the Expense Year in which this Lease terminates, if an Excess is if present, Tenant shall immediately pay to Landlord an amount as calculated pursuant to the provisions of Section 4.3.1 abovesuch amount, within thirty (30) days following demand from Landlord. The provisions of this Section 4.3.2 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

Appears in 1 contract

Samples: Office Lease (Schuler Homes Inc)

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