Statement of Estimated Direct Expenses. In addition, Landlord shall give Tenant a yearly expense estimate statement (the "Estimate Statement") which shall set forth Landlord's reasonable estimate (the "Estimate") of what the total amount of Direct Expenses for the then-current Expense Year shall be and the estimated Tenant's Share of Direct Expenses (the "Estimated Direct Expenses"). The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Direct Expenses under this Article 4, nor shall Landlord be prohibited from revising any Estimate Statement or Estimated Direct Expenses theretofore delivered to the extent necessary. Thereafter, Tenant shall pay, with its next installment of Base Rent due that is at least thirty (30) days thereafter, a fraction of the Estimated Direct Expenses for the then-current Expense Year (reduced by any amounts paid pursuant to the last sentence of this Section 4.4.2). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliver to Tenant at any time), Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Expenses set forth in the previous Estimate Statement delivered by Landlord to Tenant.
Statement of Estimated Direct Expenses. In addition, Landlord shall endeavor to give Tenant a yearly expense estimate statement (the "Estimate Statement"“Estimate Statement”) which shall set forth Landlord'’s reasonable estimate (the "Estimate"“Estimate”) of what the total amount of Direct Expenses for the then-current Expense Year shall be and the estimated Tenant'’s Share of Direct Expenses (the "Estimated“Estimated Direct Expenses"Expenses”). The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Direct Expenses under this Article 4, nor shall Landlord be prohibited from revising any Estimate Statement or Estimated Direct Expenses theretofore delivered to the extent necessary. Thereafter, Tenant shall pay, within thirty (30) days following demand by and continuing thereafter with its nexteach installment of Base Rent due that is at least thirty (30) days thereafter,due, a fraction of the Estimated Direct Expenses for the then-current Expense Year (reduced by any amounts paid pursuant to the last sentence of this Section 4.4.2). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliver to Tenant at any time), Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Expenses set forth in the previous Estimate Statement delivered by Landlord to Tenant..
Statement of Estimated Direct Expenses. In addition, Landlord shall endeavor to give Tenant a yearly expense estimate statement within one hundred twenty (120) days after the end of each Expense Year (the " XE "Estimate Statement" Estimate Statement") which shall set forth Landlord's reasonable estimate (the " XE "Estimate" Estimate") of what the total amount of Direct Expenses for the then-current Expense Year shall be and the estimated Tenant's Share of Direct Expenses (the " XE "Estimated Direct Expenses" Estimated Direct Expenses"). The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Direct Expenses under this Article 4, nor shall Landlord be prohibited from revising any Estimate Statement or Estimated Direct Expenses theretofore delivered to the extent necessary.necessary, but not more than once per Estimated Statement. Thereafter, Tenant shall pay, with its next installment of Base Rent due that is at least thirty (30) days thereafter, a fraction of the Estimated Direct Expenses for the then-current Expense Year (reduced by any amounts paid pursuant to the last sentence of this Section 4.4.2). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliver to Tenant at any time), Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Expenses set forth in the previous Estimate Statement delivered by Landlord to Tenant.
Statement of EstimatedActual Direct Expenses. In addition,Expenses and Payment by Tenant. Landlord shall give to Tenant within five (5) months following the end of each Expense Year, a yearly expense estimate statement (the "Estimate Statement""Statement") which shall set forth Landlord's reasonable estimate (the "Estimate") of whatstate the totalDirect Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Direct Expenses for the then-current Expense Year shall be and the estimated Tenant's Share of Direct Expenses (the "Estimated Direct Expenses"). The failureExpenses. Upon receipt of Landlord to timely furnish the Estimate Statement for anyeach Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Direct Expenses under this Article 4, nor shall Landlord be prohibited from revising any Estimate Statementcommencing or Estimated Direct Expenses theretofore delivered toending during the extent necessary. Thereafter,Lease Term, Tenant shall pay, with its next installment of Base Rent due that is at least thirty (30) days thereafter, the full amount of Tenant's Share of Direct Expenses for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Direct Expenses," as that term is defined in Section 4.4.2, below, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant's Share of Direct Expenses, Tenant shall receive a fractioncredit in the amount of Tenant's overpayment against Rent next due under this Lease. The failure of Landlord to timely furnish the EstimatedStatement 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 Share of Direct Expenses for the then-current Expense Year (reduced by any amountsin which this Lease terminates, Tenant shall immediately pay to Landlord such amount, and if Tenant paid pursuantmore as Estimated Direct Expenses than the actual Tenant's Share of Direct Expenses, Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the last sentenceamount of the overpayment. The provisions of this Section 4.4.2). Such fraction1 shall have as its numeratorsurvive the numberexpiration or earlier termination of monthsthe Lease Term. Notwithstanding the immediately preceding sentence, Tenant shall not be responsible for Tenant’s Share of any Direct Expenses attributable to any Expense Year which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliverare first billed to Tenant more than two (2) calendar years after the earlier of the expiration of the applicable Expense Year or the Lease Expiration Date, provided that in any event Tenant shall be responsible for Tenant’s Share of Direct Expenses levied by any governmental authority or by any public utility companies at any time),time following the Lease Expiration Date which are attributable to any Expense Year (provided that Landlord delivers Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12)a bill for such amounts within two (2) years following Landlord’s receipt of the total Estimated Direct Expenses set forth in the previous Estimate Statement delivered by Landlord to Tenant.bill therefor).
Statement of EstimatedActual Direct Expenses. In addition,Expenses and Payment by Tenant. Landlord shall endeavor to give to Tenant within one hundred twenty (120) days following the end of each Expense Year, a yearly expense estimate statement (the "Estimate" XE "Statement" Statement") which shall set forth Landlord's reasonable estimate (the "Estimate") of whatstate the totalDirect Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Direct Expenses for the then-current Expense Year shall be and the estimated Tenant's Share of Direct Expenses (the "Estimated Direct Expenses"). The failureExpenses. Upon receipt of Landlord to timely furnish the Estimate Statement for anyeach Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Direct Expenses under this Article 4, nor shall Landlord be prohibited from revising any Estimate Statementcommencing or Estimated Direct Expenses theretofore delivered toending during the extent necessary. Thereafter,Lease Term, Tenant shall pay, with its next installment of Base Rent due, the full amount of Tenant's Share of Direct Expenses for such Expense Year, less the amounts, if any, paid during such Expense Year as "Estimated Direct Expenses XE "Estimated Direct Expenses" ," as that term is defined in Section 4.4.2, below, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant's Share of Direct Expenses, Tenant shall receive a credit in the amount of Tenant's overpayment against Rent next due that is at leastunder this Lease or within thirty (30) days thereafter, a fractionif the Lease Term has expired. The failure of Landlord to timely furnish the EstimatedStatement 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 Share of Direct Expenses for the then-current Expense Year (reduced byin which this Lease terminates, Tenant shall pay to Landlord such amount within thirty (30) days, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant's Share of Direct Expenses, Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the amount of the overpayment or apply such overpayment against any amounts paid pursuant to the last sentenceunpaid Rent. The provisions of this Section 4.4.2). Such fraction1 shall have as its numeratorsurvive the numberexpiration or earlier termination of monthsthe Lease Term. Notwithstanding the immediately preceding sentence, Tenant shall not be responsible for Tenant’s Share of any Direct Expenses attributable to any Expense Year which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliverare first billed to Tenant more than two (2) calendar years after the expiration of the applicable Expense Year or one (1) calendar year after the Lease Expiration Date, provided that in any event Tenant shall be responsible for Tenant’s Share of Direct Expenses levied by any governmental authority or by any public utility companies at any time),time following the Lease Expiration Date which are attributable to any Expense Year (provided that Landlord delivers Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12)a bill for such amounts within two (2) years following Landlord’s receipt of the total Estimated Direct Expenses set forth in the previous Estimate Statement delivered by Landlord to Tenant.bill therefor).
Statement of Estimated Direct Expenses. In addition, Landlord shall give Tenant a yearly expense estimate statement (the "Estimate Statement") which shall set forth Landlord's reasonable estimate (the "Estimate") of what the total amount of Direct Expenses for the then-current Expense Year shall be and the estimated Tenant's Share of Direct Expenses (the "Estimated Direct Expenses"). The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Direct Expenses under this Article 4, nor shall Landlord be prohibited from revising any Estimate Statement or Estimated Direct Expenses theretofore delivered to the extent necessary. Thereafter, Tenant shall pay, with its next installment of Base Rent due that is at least thirty (30) days thereafter,due, a fraction of the Estimated Direct Expenses for the then-current Expense Year (reduced by any amounts paid pursuant to the last sentence of this Section 4.4.2). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliver to Tenant at any time), Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Expenses set forth in the previous Estimate Statement delivered by Landlord to Tenant.
Statement of EstimatedActual Direct Expenses. In addition, LandlordExpenses and Payment by . shall endeavor to give Tenantto following the end of each Expense Year, a yearly expense estimate statement (the "Estimate Statement"“Statement”) which shall set forth Landlord'sstate in general the major categories of the Direct Expenses incurred or accrued for such preceding Expense Year, as applicable (inclusive of a reasonable estimate (the "Estimate")description of whatany Permitted Capital Expenditures which are included in Operating Expenses and, if applicable, the totalcalculations made by to adjust Direct Expenses pursuant to the final paragraph of Section 4.2.4), and which shall indicate the amount of ’s share of Direct ExpensesExpenses. Upon receipt of the Statement for the then-currenteach Expense Year shall be andcommencing or ending during the estimated Tenant'Lease Term, if underpaid ’s Share of Direct Expenses (the "Estimated Direct Expenses"). The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Directsuch Expenses under this Article 4, nor shall Landlord be prohibited from revising any Estimate Statement or Estimated Direct Expenses theretofore delivered to the extent necessary. Thereafter, TenantYear, shall pay, with its next installment of Base Rent which is due that is at leastwithin thirty (30) days thereafter, a fractionfollowing receipt of the Statement, the full amount of ’s Share of Direct Expenses for such Expense Year, less the amounts, if any, paid during such Expense Year as “Estimated Direct Expenses,” as that term is defined in Section 4.4.2, below, and if paid more as Estimated Direct Expenses than the actual ’s Share of Direct Expenses, shall receive a credit in the amount of ’s overpayment against Rent next due under this Lease unless the Lease Term has expired, in which event shall refund the appropriate amount to . The failure of to timely furnish the Statement for the then-currentany Expense Year (reduced by any amounts paid pursuant to the last sentence of this Section 4.4.2). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliver to Tenant at any time), Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Expenses set forth in the previous Estimate Statement delivered by Landlord to Tenant.not prejudice or from
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