Adjustment for Occupancy Clause Samples

Adjustment for Occupancy. During any calendar year in which the Building has less than full occupancy, those Building Operating Costs and Energy Costs that are not fixed costs and that under ordinary circumstances vary with variances in occupancy of the Building will be computed as though the Building had been ninety five percent (95%) occupied for the entire calendar year.

Adjustment for Occupancy. Notwithstanding any other provision herein to the contrary, if during any year of the Term the Project is not fully occupied or all premises within the Project do not receive Basic Services (as defined in Section 5.1 below), then an adjustment shall be made in computing Operating Costs for such year so that Operating Costs which vary based on the occupancy of the Building or the Project, as applicable, shall be computed as though the Project had been fully occupied and provided with Basic Services during such year; provided, however, that in no event shall Landlord collect in total, from Tenant and all other tenants of the Project, an amount greater than one hundred percent (100%) of Operating Costs during any year of the Term.

Adjustment for Occupancy. Notwithstanding any provision herein to the contrary, in the event the Project is less than ninety-five percent (95%) occupied during all or any portion of any calendar year of the Term, an adjustment shall be made in computing Taxes and Operating Expenses for such year so that the same shall be computed for such year as though the Project had been ninety-five percent (95%) occupied during such year.

Adjustment for Occupancy. Notwithstanding any provision herein to the contrary, in the event the Building is less than ninety-five percent (95%) occupied during all or any portion of any calendar year of the Term, including, without limitation, the Base Year, an adjustment shall be made in computing variable Operating Expenses and Utility Costs for such year so that the same shall be computed for such year as though the Building had been ninety-five percent (95%) occupied during all of such year.

Adjustment for Occupancy. Notwithstanding any other provision herein to the contrary, if during any year of the Term the Building is not fully occupied by tenants paying full rent, then an adjustment shall be made in computing Operating Costs for such year so that Operating Costs shall be computed as though the Building had been fully occupied by tenants paying full rent during such year; provided, however, that in no event shall Landlord collect in total, from Tenant and all other tenants of the Building, an amount greater than one hundred percent (100%) of Operating Costs during any year of the Term.