Common use of Actual Costs Clause in Contracts

Actual Costs. Within ninety (90) days after the close of each ------------ Lease Year during the term hereof, Landlord shall deliver to Tenant a written statement of the Actual Costs, with a line item breakdown, and the Actual Costs Allocable to the Premises, during the preceding Lease Year. The first such statement shall be for the Base Services Year, although no Rent shall be due from Tenant on account thereof. If such costs for any Lease Year less the Base Amount exceed the amounts paid by Tenant to Landlord pursuant to Section 9.3, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenant. If such statement shows such costs to be less than the amount paid by Tenant to Landlord pursuant to Section 9.3, then the amount of such overpayment by Tenant shall be credited by Landlord to the next Rent payable by Tenant. In the event such overpayment cannot be fully credited by Landlord to the next Rent payable by Tenant due to the expiration of the term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30) days of the Lease Expiration Date.

Actual Costs. Within ninety (90) days after the close end of each ------------ Lease year after the Base Year during the term hereofor as soon thereafter as practicable, Landlord shall deliver to Tenant a written statement setting forth Tenant's Pro Rata Share of the Actual Costs, with a line item breakdown, actual Operating Costs and Taxes in excess of the Actual Costs Allocable to the Premises, Base Amounts during the preceding Lease Year. The first such statement shall be for the Base Services Year, although no Rent shall be due from Tenant on account thereofyear. If such costs for any Lease Year less the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base Amount, or both, exceed the amounts estimates for each paid by Tenant to Landlord pursuant to Section 9.3during the year, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty forty-five (3045) days after receipt of such statement by Tenantstatement. If such statement shows such costs to be the actual Operating Costs in excess of the Base Amount or actual Taxes in excess of the Base Amount, or both, are less than the amount paid by Tenant to Landlord pursuant to Section 9.3Landlord, then the amount of such overpayment by Tenant shall be be, at Landlord's option, credited against any amounts owed by Landlord Tenant under this Lease, refunded by check to the next Rent payable by Tenant. In the event such overpayment cannot be fully , or credited by Landlord to against the next Rent payable by Tenant due to the expiration of the term hereunder. Notwithstanding any other provision of this LeaseSection 10, Tenant shall not receive any remaining overpayment shall be credited by Landlord to credit or offset against any other charges due amount payable under this Lease and, to the extent no such charges either actual Operating Costs or Taxes are due, shall be refunded to Tenant by Landlord within thirty (30) days of less than the Lease Expiration Dateapplicable Base Amount.

Actual Costs. Within ninety (90) days after the close of ------------ each ------------ Lease Year during the term Term hereof, Landlord shall deliver to Tenant a written statement of the Actual Costs, with a line item breakdown, and setting forth the Actual Costs Allocable to the Premises, Premises during the preceding Lease Year. The first such statement shall be for the Base Services Year, although no Rent shall be due from Tenant on account thereof. If such costs for any Lease Year less the Base Amount exceed the amounts paid by Tenant to Landlord pursuant to Section 9.3, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenant. If such statement shows such costs to be less than the amount paid by Tenant to Landlord pursuant to Section 9.3, then the amount of such overpayment by Tenant shall be credited by Landlord to the next Rent payable by Tenant. In the event such overpayment cancan not be fully credited by Landlord to the next Rent payable by Tenant due to the expiration of the term Term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30) days of the Lease Expiration Date.

Actual Costs. Within ninety (90) days after the close end of each ------------ Lease Year during the term hereofYear, Landlord shall deliver to Tenant a written statement setting forth Tenant's Pro Rata Share of the Actual Costs, with a line item breakdown, actual Operating Costs and the Actual Costs Allocable to the Premises, Taxes during the preceding Lease Year. The first Landlord shall be entitled to correct such statement shall be for to increase the Base Services Year, although no Rent shall be due from amounts charged to Tenant on account thereofonly if such correction is made within three (3) years after the initial delivery of the statement to Tenant (or such longer period in the case of increased actual Taxes billed to Landlord by applicable taxing authorities). If such costs for any Lease Year less the Base Amount actual Operating Costs or actual Taxes, or both, exceed the amounts estimates for each paid by Tenant to Landlord pursuant to Section 9.3during the Year, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenantstatement. If such statement shows such costs to be the actual Operating Costs or actual Taxes, or both, are less than the amount paid by Tenant to Landlord pursuant to Section 9.3Landlord, then the amount of such overpayment by Tenant shall be be, at Landlord's option, credited against any amounts owed by Landlord Tenant under this Lease, refunded by check to Tenant (which shall occur if the next Rent payable by Tenant. In the event such overpayment cannot be fully reconciliation is after termination of this Lease), or credited by Landlord to against the next Rent payable by Tenant due to hereunder. Notwithstanding this Section 10, the expiration of Rent payable by Tenant shall in no event be less than the term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30Rent specified in Section 1(h) days of the Lease Expiration Datehereof.

Actual Costs. Within ninety (90) days after the close of each ------------ Lease Year during the term hereof, Landlord shall deliver to Tenant a written statement of the Actual Costs, with a line item breakdown, and setting forth the Actual Costs Allocable to the Premises, Premises during the preceding Lease Year. The first such statement shall be for the Base Services Year, although no Rent shall be due from Tenant on account thereof. If such costs for any Lease Year less the Base Amount exceed the amounts paid by Tenant to Landlord pursuant to Section 9.3, Tenant shall pay the amount of such excess to Landlord as Additional Rent within thirty (30) days after receipt of such statement by Tenant. If such statement shows such costs to be less than the amount paid by Tenant to Landlord pursuant to Section 9.3, then the amount of such overpayment by Tenant shall be credited by Landlord to the next Rent payable by Tenant. In the event such overpayment cancan not be fully credited by Landlord to the next Rent payable by Tenant due to the expiration of the term of this Lease, any remaining overpayment shall be credited by Landlord to any other charges due under this Lease and, to the extent no such charges are due, shall be refunded to Tenant by Landlord within thirty (30) days of the Lease Expiration Date.