Escalated Amount definition
Escalated Amount means an amount equal to the total of all real estate tax and operating expense escalation additional rent due under Article 46 of this Lease for the 1999 comparative year (as hereinafter defined in said Article 46). The Escalated Amount shall not include any amount paid under said Article 46 during the 1999 comparative year on account of any other comparative year. Landlord acknowledges that the final determination of the real estate tax and operating expense escalation additional rent due under said Article 46 for the 1999 comparative year may be delayed due to Tenant's right under said Article 46 to dispute such amounts and to audit Landlord's books and records with respect to the operating expenses for the Building; pending the resolution of any such dispute, the Escalated Amount shall be deemed to be the amounts set forth in the statements furnished to Tenant under Article 46 for the 1999 comparative year; upon the resolution of any such dispute (and the final determination of the real estate tax and operating expense escalation additional rent due under said Article 46 for the 1999 comparative year), Landlord and Tenant shall make adjustment for any overage paid by Tenant or for any deficiency owed by Tenant. C. Supplementing Article 41 of this Lease and Subdivision A of this Article: Tenant acknowledges that it has been advised that the demised premises is currently occupied by a certain tenant (the "Existing Tenant") pursuant to a certain lease with Landlord, the term of which expires on May 31, 1996. Landlord shall not be liable to Tenant in any way if the Existing Tenant fails to vacate all or any portion of the demised premises by or before the May 31, 1996 expiration date of the term of its Lease. However, if such tenant fails to vacate such space by or before such expiration date, Landlord will then use reasonable diligence to cause such tenant to vacate such space, including, without limitation, the commencement and diligent prosecution of a summary holdover dispossess proceeding.