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 give to Tenant following the end of each Expense Year (and no later than the following May 1st), a statement (the “Statement”) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of 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, provided that failure to furnish the Statement for more than twenty-four (24) months following the date it should have been delivered shall be deemed Landlord’s waiver if its right to demand any Excess. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s Share of Direct Expenses for the Expense Year in which this Lease terminates, if an Excess if present, Tenant shall immediately pay to Landlord such amount. The provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant following the end of each Expense Year (and no later than the following May 1st)Year, a statement (the “Statement”"STATEMENT") which shall state the Building Direct Expenses and Project Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of the ExcessExpense Payment. 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 Expense Payment for such Expense Year (prorated to reflect the period of the Lease Term included in such Expense Year), less the amounts, if any, paid during such Expense Year as “an "Estimated ExcessPayment,” " 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, provided that failure to furnish the Statement for more than twenty-four (24) months following the date it should have been delivered shall be deemed Landlord’s waiver if its right to demand any Excess. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s 's Building Share of Building Direct Expenses and Tenant's Project Share of Project Direct Expenses for the Expense Year in which this Lease terminates, if an Excess if present, Tenant shall immediately pay to Landlord such amount. The provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

Statement of Actual Direct Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant within 150 days following the end of each Expense Year (and no later than the following May 1st)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 of 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 Direct Expenses for such Expense Year, less the amounts, if any, paid during such Expense Year as “Estimated Excess,” Expenses (as that term is defined in Section 4.4.24.4.2 below) or Landlord shall credit any overpayment by Tenant against the next installments of Direct Expenses coming due, belowor refund to Tenant any such overpayment made in the last Expense Year of the Lease Term. 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, provided that failure to furnish the Statement for more than twenty-four (24) months following the date it should have been delivered shall be deemed Landlord’s waiver if its right to demand any Excess. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s Share of Direct Expenses for the Expense Year in which this Lease terminates, if an Excess if present, Tenant shall immediately pay to Landlord such amount. The provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

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 (and no later than the following May 1st)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 amount, if any, of the any 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; provided, provided that failure however, Tenant shall have no liability for Operating Expenses not contained in a Statement given to furnish Tenant within one (l) year after the Statement for more than twenty-four (24) months following end of the date it should have been delivered shall be deemed Landlord’s waiver if its right to demand any ExcessExpense Year in which the expense was incurred. 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 if is present, Tenant shall immediately pay to Landlord such amount. The an amount as calculated pursuant to the provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.4.3.1