Payments Clause Example with 5 Variations from Business Contracts

Payments. 1.1 1.01. Tenant shall pay (i) Tenant's Building Pro Rata Share of the amount, if any, by which Expenses (defined below) for each calendar year during the Term exceed Expenses for the Base Year (the "Expense Excess") and also Excess"), (ii) Tenant's Common Area Pro Rata Share of the amount, if any, by which Taxes (defined below) for each calendar year during the Term exceed Taxes for the Base Year (the "Tax Excess") and (iii) Tenant's Common Area Pro Rata Share of the amount, if any, by which Co...mmon Area Expenses (defined below) for the each calendar during the Term exceed Common Area Expenses for the Base Year (the "Common Area Expense Excess"). If Expenses, Taxes or Common Area Expenses or Taxes in any calendar year decrease below the amount of Expenses, Taxes or Common Area Expenses or Taxes for the Base Year, Tenant's Building Pro Rata Share of Expenses or Taxes, and Tenant's Common Area Pro Rata Share of Taxes and Common Area Expenses, as the case may be, for that calendar year shall be $0. Landlord shall provide Tenant with a good faith estimate of the Expense Excess, Tax Excess and of the Tax Common Area Expense Excess for each calendar year during the Term. On or before the first day of each month, Tenant shall pay to Landlord a monthly installment equal to one-twelfth of Tenant's Building Pro Rata Share of Landlord's estimate of both the Expense Excess and one-twelfth of Tenant's Common Area Pro Rata Share of Landlord's estimate of the Tax Excess and Common Area Expense Excess. If Landlord determines that its good faith estimate of the Expense Excess, the Tax Excess or the Common Area Expense Excess was incorrect by a material amount, Landlord may provide Tenant with a revised estimate, provided that Landlord shall not provide a revised estimate more than twice per calendar year. After its receipt of the revised estimate, Tenant's monthly payments shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Expense Excess, the Tax Excess or the Tax Common Area Expense Excess by January 1 of a calendar year, Tenant shall continue to pay monthly installments based on the previous year's estimate(s) until Landlord provides Tenant with the new estimate. Landlord shall endeavor to provide Tenant with Upon delivery of the new estimates estimate, an adjustment shall be made for any month for which Tenant paid monthly installments based on the previous year's estimate. Tenant shall pay Landlord the amount of any underpayment within 30 days after receipt of the new estimate. Any overpayment shall be refunded to Tenant within 30 days or before credited against the first (1st) day next due future installment(s) of May following the end of each calendar year. 1.2 Additional Rent. 1.02. As soon as is practical following the end of each calendar year, Landlord shall furnish Tenant with a statement of the actual Expenses and Expense Excess and Excess, the actual Taxes and Tax Excess and the actual Common Area Expenses and Common Area Expense Excess for the prior calendar year. Landlord shall use reasonable efforts to furnish the statement of actual B-1 Expenses on or before June 1 of the calendar year immediately following the calendar year to which the statement applies. If the estimated Expense Excess, the estimated Tax Excess or the estimated Tax Common Area Expense Excess for the prior calendar year is more than the actual Expense Excess or Excess, actual Tax Excess and actual Common Area Expense Excess, as the case may be, for the prior calendar year, Landlord shall either provide Tenant with a refund or apply any overpayment by Tenant against Additional Rent due or next becoming due, provided if the Term expires before the determination of the overpayment, Landlord shall refund any overpayment to Tenant after first deducting the amount of Rent due. If the estimated Expense Excess, estimated Tax Excess or estimated Tax Common Area Expense Excess for the prior calendar year is less than the actual Expense Excess, actual Tax Excess or actual Tax Common Area Expense Excess, as the case may be, for such prior year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Expenses Expenses, Taxes or Taxes, Common Area Expenses, any underpayment for the prior calendar year. View More

Payments. 1.1 Tenant 1.01Tenant shall pay Tenant's Pro Rata Share of the amount, if any, by which Expenses (defined below) for each calendar year during the Term exceed Expenses for the Base Year (the "Expense Excess") and also the amount, if any, by which Tenant's Pro Rata Share of Taxes (defined below) for each calendar year during the Term exceed Taxes for the Base Year (the "Tax Excess"). If Expenses or Taxes in any calendar year decrease below the amount of Expenses or Taxes for the Base Year, Tenant...'s Pro Rata Share of Expenses or Taxes, as the case may be, for that calendar year shall be $0. Term. Landlord shall provide Tenant with a good faith estimate of the Expense Excess Expenses and of the Tax Excess Taxes for each calendar year during the Term. On or before the first day of each month, Tenant shall pay to Landlord a monthly installment equal to one-twelfth one- twelfth of Tenant's Pro Rata Share of Landlord's estimate of both the Expense Excess Expenses and Tax Excess. Taxes. After its receipt of the revised estimate, Tenant's monthly payments shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Expense Excess Expenses or the Tax Excess Taxes by January 1 of a calendar year, Tenant shall continue to pay monthly installments based on the previous year's estimate(s) until Landlord provides Tenant with the new estimate. The failure of Landlord to timely furnish any such statement for any year shall endeavor not preclude Landlord from enforcing its rights to provide Tenant with the new estimates on collect any Expenses or before the first (1st) day of May following the end of each calendar year. 1.2 As Taxes under this Exhibit B. 1.02As soon as is practical following the end of each calendar year, but no later than May 1st of each calendar year, Landlord shall furnish Tenant with a statement of the actual Expenses and Expense Excess and the actual Taxes and Tax Excess for the prior calendar year. If the estimated Expense Excess Expenses or estimated Tax Excess Taxes for the prior calendar year is more than the actual Expense Excess Expenses or actual Tax Excess, Taxes, as the case may be, for the prior calendar year, Landlord shall either provide Tenant with a refund or apply any overpayment by Tenant against Additional Rent due or next becoming due, provided if the Term expires before the determination of the overpayment, Landlord shall refund any overpayment to Tenant after first deducting the amount of Rent due. If the estimated Expense Excess Expenses or estimated Tax Excess Taxes for the prior calendar year is less than the actual Expense Excess Expenses or actual Tax Excess, Taxes, as the case may be, for such prior year, Tenant shall pay Landlord, within 30 calendar days after its receipt of the statement of Expenses or Taxes, any underpayment for the prior calendar year. Notwithstanding the foregoing to the contrary, Tenant shall not be responsible for any Expenses or Taxes which were first billed to Tenant more than eighteen (18) months after the expiration of the applicable calendar year for which such charges were incurred. View More

Payments. 1.1 1.01 Tenant shall pay Tenant's Pro Rata Share of the amount, if any, by which Expenses (defined below) for each calendar year during the Term exceed Expenses for the Base Year (the "Expense Excess") and also the amount, if any, by which Taxes (defined below) for each calendar year Fiscal Year during the Term exceed the Base Year amount of Taxes for the Base Year Building as described in Section 1.05 above (the "Tax Excess"). If Expenses or Taxes in any calendar year or Fiscal Year decrease b...elow the amount of Expenses or Taxes for the Base Year, Tenant's Pro Rata Share of Expenses or Taxes, as the case may be, for that calendar year or Fiscal Year shall be $0. Landlord shall provide Tenant with a good faith estimate of the Expense Excess and of the Tax Excess for each calendar year or Fiscal Year during the Term. On or before the first day of each month, Tenant shall pay to Landlord a monthly installment equal to one-twelfth of Tenant's Pro Rata Share of Landlord's estimate of both the Expense Excess and Tax Excess. If Landlord determines that its good faith estimate of the Expense Excess or of the Tax Excess was incorrect by a material amount, Landlord may (but not more than twice in any 12 month period) provide Tenant with a revised estimate. After its receipt of the a revised estimate, Tenant's monthly payments shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Expense Excess or the Tax Excess by January 1 the first day of a calendar year, year or Fiscal Year, as the case may be, Tenant shall continue to pay monthly installments based on the previous year's estimate(s) until Landlord provides Tenant with the new estimate. Landlord shall endeavor to provide Tenant with Upon delivery of the new estimates estimate, an adjustment shall be made for any month for which Tenant paid monthly installments based on the previous year's estimate. Tenant shall pay Landlord the amount of any underpayment within 30 days after receipt of the new estimate. Any overpayment shall be refunded to Tenant within 30 days or before credited against the first (1st) day next due future installment(s) of May following the end of each calendar year. 1.2 Rent. 1.02 As soon as is practical following the end of each calendar year, year or Fiscal Year, as the case may be, Landlord shall furnish Tenant with a statement of the actual Expenses and Expense Excess and the actual Taxes and Tax Excess for the prior calendar year. year or Fiscal Year, as the case may be. Landlord shall use reasonable efforts to furnish the statement of actual Expenses on or before June 1 of the calendar year immediately following the calendar year to which the statement applies. If the estimated Expense Excess or estimated Tax Excess for the prior calendar year or Fiscal Year, as the case may be, is more than the actual Expense Excess or actual Tax Excess, Excess for the prior calendar year or Fiscal Year, as the case may be, for the prior calendar year, Landlord shall either provide Tenant with a refund or apply any overpayment by Tenant against Additional Rent due or next becoming due, provided if the Term expires before the determination of the overpayment, Landlord shall refund any overpayment to Tenant after first deducting the amount of Rent due. If the estimated Expense Excess or estimated Tax Excess for the prior calendar year or Fiscal Year, as the case may be, is less than the actual Expense Excess or actual Tax Excess, for such prior calendar year or Fiscal Year, as the case may be, for such prior year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Expenses or Taxes, any B-1 underpayment for the prior calendar year. year or Fiscal Year, as the case may be. Any Expenses not billed to Tenant within 1 year after the end of the calendar year in question shall be deemed waived by Landlord and Tenant shall have no further obligation in connection with such Expenses. View More

Payments. 1.1 1.01 Commencing on the first day of the thirteenth (13th) month following the Commencement Date, Tenant shall pay Tenant's Pro Rata Share of the amount, if any, by which Expenses (defined below) for each calendar year during the Term exceed Expenses for the Base Year (the "Expense Excess") and also the amount, if any, by which Taxes (defined below) for each calendar year during the Term exceed Taxes for the Base Year (the "Tax Excess"). If Expenses or Taxes in any calendar year decrease belo...w the amount of Expenses or Taxes for the Base Year, Tenant's Pro Rata Share of Expenses or Taxes, as the case may be, for that calendar year shall be $0. In each year following the Base Year, Landlord shall provide Tenant with a good faith estimate of the Expense Excess and of the Tax Excess for each calendar year during the Term. On or before the first day of each month, Tenant shall pay to Landlord a monthly installment equal to one-twelfth of Tenant's Pro Rata Share of Landlord's estimate of both the Expense Excess and Tax Excess. After its receipt of the revised estimate, Tenant's monthly payments shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Expense Excess or the Tax Excess by January 1 of a calendar year, Tenant shall continue to pay monthly installments based on the previous year's estimate(s) until Landlord provides Tenant with the new estimate. Landlord shall endeavor to provide Tenant with the new estimates on or before the first (1st) day of May following the end of each calendar year. 1.2 1.02 As soon as is practical following the end of each calendar year, Landlord shall furnish Tenant with a statement of the actual Expenses and Expense Excess and the actual Taxes and Tax Excess for the prior calendar year. If the estimated Expense Excess or estimated Tax Excess for the prior calendar year is more than the actual Expense Excess or actual Tax Excess, as the case may be, for the prior calendar year, Landlord shall either provide Tenant with a refund or apply any overpayment by Tenant against Additional Rent due or next becoming due, provided if the Term expires before the determination of the overpayment, Landlord shall refund any overpayment to Tenant after first deducting the amount of Rent due. If the estimated Expense Excess or estimated Tax Excess for the prior calendar year is less than the actual Expense Excess or actual Tax Excess, as the case may be, for such prior year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Expenses or Taxes, any underpayment for the prior calendar year. Landlord's failure to render any Landlord's statement with respect to any year shall not prejudice Landlord's right thereafter to render a Landlord's statement with respect thereto (provided such statement is rendered within eighteen (18) months following the expiration of the year in question) or with respect to any subsequent year, as the case may be, nor shall the rendering of a Landlord's statement prejudice Landlord's right thereafter to render a corrected Landlord's statement for that year. View More

Payments. 1.1 1.01 Tenant shall pay Tenant's Pro Rata Share of the amount, if any, by which Expenses (defined below) for each calendar year during the Term exceed Expenses for the Base Year (the "Expense Excess") and also the amount, if any, by which Taxes (defined below) for each calendar year during the Term exceed Taxes for the Base Year (the "Tax Excess"). If Expenses or Taxes in any calendar year decrease below the amount of Expenses or Taxes for the Base Year, Tenant's Pro Rata Share of Expenses or ...Taxes, as the case may be, for that calendar year shall be $0. Landlord shall provide Tenant with a good faith estimate of the Expense Excess and of the Tax Excess for each calendar year during the Term. On or before the first day of each month, Tenant shall pay to Landlord a monthly installment equal to one-twelfth of Tenant's Pro Rata Share of Landlord's estimate of both the Expense Excess and Tax Excess. After its receipt of the revised estimate, Tenant's monthly payments shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Expense Excess or the Tax Excess by January 1 of a calendar year, Tenant shall continue to pay monthly installments based on the previous year's estimate(s) until Landlord provides Tenant with the new estimate. Landlord shall endeavor to provide Tenant with the new estimates on or before the first (1st) day of May following the end of each calendar year. 1.2 1.02 As soon as is practical following the end of each calendar year, Landlord shall furnish Tenant with a statement of the actual Expenses and Expense Excess and the actual Taxes and Tax Excess for the prior calendar year. If the estimated Expense Excess or estimated Tax Excess for the prior calendar year is more than the actual Expense Excess or actual Tax Excess, as the case may be, for the prior calendar year, Landlord shall either provide Tenant with a refund or apply any overpayment by Tenant against Additional Rent due or next becoming due, provided if the Term expires before the determination of the overpayment, Landlord shall refund any overpayment to Tenant after first deducting the amount of Rent due. If the estimated Expense Excess or estimated Tax Excess for the prior calendar year is less than the actual Expense Excess or actual Tax Excess, as the case may be, for such prior year, Tenant shall pay Landlord, within 30 days after its receipt of the statement of Expenses or Taxes, any underpayment for the prior calendar year. Landlord's failure to render any Landlord's statement with respect to any year shall not prejudice Landlord's right thereafter to render a Landlord's statement with respect thereto or with respect to any subsequent year, as the case may be, nor shall the rendering of a Landlord's statement prejudice Landlord's right thereafter to render a corrected Landlord's statement for that year. Notwithstanding anything contained herein to the contrary, Landlord agrees that the Expense Excess for the Premises for each year after calendar year 2016 shall be capped at a maximum increase amount per year of five percent (5%) of controllable expenses. There shall be no cap to the increase amount per year of the Tax Excess. View More