Common use of Retroactive Adjustments Clause in Contracts

Retroactive Adjustments. After the end of the year which includes the Lease Commencement Date, and after the end of each calendar year thereafter, Landlord shall determine the actual Operating Expenses and Real Estate Tax Expenses for such calendar year, Landlord shall calculate the foregoing sums and Landlord shall provide to Tenant a statement of Tenant’s Share of Operating Expenses and Tenant’s Share of Real Estate Tax Expenses for the calendar year. Within thirty (30) days after delivery of any such statement, Tenant shall pay to Landlord (i) any deficiency between the amount shown as Tenant’s Share of Operating Expenses for the calendar year and the estimated payments thereof made by Tenant and (ii) any deficiency between the amount shown as Tenant’s Share of Real Estate Tax Expenses for the calendar year and the estimated payments thereof made by Tenant. Tenant shall be credited with any excess estimated payments toward the payments of Rent next becoming due and payable by Tenant, or, if the Term has expired, then following Landlord’s determination of such overpayment by Tenant, Landlord shall refund any excess estimated payments to Tenant within thirty (30) days after the later to occur of (i) the date on which Tenant has cured all defaults under this Lease, if any, or (ii) the date on which Tenant vacates the Premises.

Retroactive Adjustments. After the end of the year which includes the Lease Commencement Date, and after the end of each calendar year thereaftercommencing on January 1, 2008, Landlord shall determine the actual Increased Operating Expenses and the actual Increased Real Estate Tax Expenses for such calendar year, . Landlord shall calculate the foregoing sums and Landlord shall provide to Tenant a statement in reasonable supporting detail of Tenant’s Share of Increased Operating Expenses and Tenant’s Share of Increased Real Estate Tax Expenses for the such calendar year. Within thirty (30) days after delivery Tenant’s receipt of any such statement, Tenant shall pay to Landlord (i) any deficiency between the each amount shown as Tenant’s Share of Increased Operating Expenses for the calendar year and the estimated payments thereof made by Tenant and (ii) any deficiency between the amount shown as Tenant’s Share of Increased Real Estate Tax Expenses for the calendar year and the estimated payments thereof for each of Operating Expenses and Real Estate Tax Expenses made by Tenant. Tenant shall be credited with any excess If such statement indicates that the aggregate amount of such estimated payments exceeds Tenant’s actual liability, then Landlord shall credit the net overpayment toward the payments Tenant’s next payment(s) of Base Rent next becoming due and payable by Tenant, estimated payment(s) pursuant to this Section or, if in the case of the reconciliation for the calendar year in which the Lease Term has expiredexpires, then following Landlord’s determination of such overpayment by Tenant, Landlord shall refund pay Tenant the net overpayment (after deducting therefrom any excess estimated payments amounts then due from Tenant to Tenant Landlord) within thirty (30) days after the later to occur expiration of (i) the date on which Tenant has cured all defaults under this LeaseTerm or the completion of the reconciliation for such year, if any, or (ii) completed after the date on which Tenant vacates expiration of the PremisesTerm.

Retroactive Adjustments. After the end of the year Fiscal Year which includes the first anniversary of the Lease Commencement Date, and after the end of each calendar year Fiscal Year thereafter, Landlord shall determine the actual Increased Operating Expenses and Increased Real Estate Tax Expenses for such calendar yearFiscal Year, Landlord shall calculate the foregoing sums and Landlord shall provide to Tenant a statement of Tenant’s 's Share of Increased Operating Expenses and Tenant’s Share of Increased Real Estate Tax Expenses for the calendar yearFiscal Year, which shall be substantially in the form of the statement which is attached hereto as Exhibit F and made a part hereof. Within thirty (30) days after delivery of any such statement, Tenant shall pay to Landlord (i) any deficiency between the amount shown as Tenant’s 's Share of Increased Operating Expenses for the calendar year and the estimated payments thereof made by Tenant and (ii) any deficiency between the amount shown as Tenant’s Share of Real Estate Tax Expenses for the calendar year Fiscal Year and the estimated payments thereof made by Tenant. Tenant shall be credited with any excess estimated payments toward the subsequent Rent payments of Rent next becoming due and payable by Tenant, or, or if the Term has expired, then following Landlord’s determination of such overpayment by Tenant, Landlord shall refund any excess estimated payments such amount to Tenant within thirty (30) days after the later to occur of (i) following the date on which of issuance of Landlord's statement if Tenant has cured all defaults is not then in default under this Lease, if any, or (ii) the date on which Tenant vacates the Premises.