C. As soon as reasonably feasible after the expiration of each Calendar Year, Landlord will furnish Tenant a statement (Adjustment Statement) showing the following:
(i) Expenses and Taxes attributable to the Calendar Year last ended, the Base Expense Year and the Base Tax Year;
(ii) The amount of Rent Adjustment due Landlord for the Calendar Year last ended, less credits for Rent Adjustment Deposits paid, if any; and
(iii) The Rent Adjustment Deposit due in the current Calendar Year.
D. Within thirty (30) days after Tenants receipt of each Adjustment Statement, Tenant shall pay to Landlord:
(i) The amount of Rent Adjustment shown on said statement to be due Landlord for the Calendar Year last ended, which amount due shall reflect credits for Rent Adjustment Deposits paid, if any; plus
(ii) The amount, which when added to the Rent Adjustment Deposit theretofore paid in the current Calendar Year, would provide that Landlord has then received such portion of the Rent Adjustment Deposit as would have theretofore been paid to Landlord had Tenant paid one twelfth (1/12) of the Rent Adjustment Deposit, for the current Calendar Year, to Landlord monthly on the first day of each month of such Calendar Year.
Commencing on the first day of the first month after Tenants receipt of each Adjustment Statement, and on the first day of each month thereafter until Tenant receives a more current Adjustment Statement, Tenant shall pay to Landlord one-twelfth (1/12) of the annual Rent Adjustment Deposit shown on said statement. During the last complete Calendar Year, Landlord may include in the Rent Adjustment Deposit its estimate of the Rent Adjustment which may not be finally determined until after the expiration of the Term. Tenants obligation to pay the Rent Adjustment shall survive the expiration of the Term.
E. Tenants monthly payments of the Rent Adjustment Deposit for each Calendar Year shall be credited against the Rent Adjustment for such Calendar Year. Rent Adjustment Deposit may be co-mingled with other funds of Landlord and no interest shall be paid to Tenant thereon. If the Rent Adjustment Deposit paid by Tenant for any Calendar Year exceeds the Rent Adjustment for such Calendar Year, then Landlord shall give a credit to Tenant in an amount equal to such excess against the Rent Adjustment due for the next succeeding Calendar Year, except that if any such excess relates to the last Calendar Year of the Term, then Landlord shall refund such excess to Tenant, provided that all of the following have first occurred:
(i) The Term has expired or otherwise been terminated;
(ii) Tenant has vacated the Premises and removed all of its property and improvements therefrom in accordance with this Lease;
(iii) Tenant has surrendered the Premises to Landlord in accordance with this Lease; and
(iv) Tenant has paid all Annual Rent and Rent Adjustment due under this Lease and has no other monetary obligations outstanding to Landlord.
F. Tenant or its representative shall have the right to examine Landlords books and records with respect to the items in the Adjustment Statement during normal business hours at any time within sixty (60) days following the furnishing by Landlord to Tenant of such Adjustment Statement. Unless Tenant shall take written exception to any item within thirty (90) days after the furnishing of the foregoing statement such statement shall be considered as final and accepted by Tenant. Any amount due to Landlord as shown on any such statement, whether or not written exception is taken thereto, shall be paid by Tenant within thirty (30) days after Landlord shall have submitted the statement, without prejudice to any such written exception. If Landlord charged Tenant more than 5% over what was actually due (for either operating Expenses or Taxes separately), Landlord shall pay Tenants actual costs of the audit.
G. If the Commencement Date is on any day other than the first day of January, or if the Termination Date is on any day other than the last day of December, any Rent Adjustment due Landlord shall be prorated accordingly.
A. Landlord shall, so long as Tenant is not in default under any covenant or condition herein contained, furnish: