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<br />gives Tenant a new notice of the estimated Rental Adjustment. It is the intention <br />hereunder to estimate from time to time the amount of Tenant's Rental <br /> <br />Adjustment for each Adjustment Period and then to effect a reconciliation in the <br />following year based on the actual expenses incurred for the preceding <br /> <br />Adjustment Period. <br />2.3.9 Reconciliation. On or before April 1 st of each year after the <br /> <br />first Adjustment Period (or as soon thereafter as is practical), Landlord shall <br />deliver to Tenant a statement (the "Statement") setting forth the Rental <br /> <br />Adjustment for the preceding year. Failure of Landlord to timely notify Tenant <br /> <br />shall not waive or eliminate Tenant's or landlord's obligation and responsibility to <br />pay Rental Adjustments for any deficiency or any credit. If the actual Rental <br /> <br />Adjustment for the preceding Adjustment Period exceeds the total of the <br />estimated monthly payments made by Tenant for such Adjustment Period, <br /> <br />Tenant shall pay Landlord the amount of the deficiency within thirty (30) days of <br />the receipt of the statement. If such total of estimated payments made exceeds <br /> <br />the actual Rental Adjustment for such Adjustment Period, then Landlord shall <br />credit against Tenant's next ensuing monthly installment(s) of Rent or estimated <br /> <br />Rental Adjustment an amount equal to the difference until the credit is <br /> <br />exhausted, provided that if such payment is to be made after the expiration or <br /> <br />termination of this lease, landlord shall include payment of such amount to <br />Tenant with delivery of the Statement to Tenant. If the credit is due from <br /> <br />landlord on the Expiration Date, Landlord shall pay Tenant the amount of the <br />credit. The obligations of Tenant and landlord to make payments required under <br /> <br />this Section 2.3.9 shall survive the Expiration Date. <br />2.3.10 Landlord's Records. Landlord shall maintain records <br /> <br />respecting Real Estate Taxes and Operating Expenses and determine the same <br /> <br />2~ <br />