Common use of Adjustments to Costs Clause in Contracts

Adjustments to Costs. Notwithstanding any other provisions herein to the contrary: (i) in the event the Building is not fully occupied during the year, an adjustment shall be made in computing the Operating Expenses for such year so that the costs shall be computed for such year as though the Building had been ninety-five percent (95%)occupied during such year; and (ii) the Landlord shall have the right, in its reasonable judgment (and upon reasonable substantiation of such allocation to the Tenant), to allocate Operating Expenses to the Tenant, or to other tenants of the Building, in a manner which deviates from the exact Tenant’s Pro Rata Share, or those of such other tenants, as may be necessary to more accurately reflect accountability for unusual or extra costs resulting from excessive usage, the manner of layout or finishes requiring special maintenance, or the like. The terms of this Subsection shall be solely for the benefit of the Landlord and may not be relied upon nor construed for the benefit of the Tenant, other tenants in the Building, or any other person.

Adjustments to Costs. Notwithstanding any other provisions herein to the contrary: (i) in the event the Building Property is not fully occupied during the year, an adjustment shall be made in computing the Operating Expenses Landlord's Costs for such year so that the costs shall be computed for such year as though the Building Property had been ninety-five percent (95%)occupied fully occupied during such a year; and (ii) the Landlord shall have the right, in its reasonable judgment (and upon reasonable substantiation of such allocation to the Tenant), to allocate Operating Expenses Landlord's Costs to the Tenant, or to other tenants of the BuildingProperty, in a manner which deviates from the exact Tenant’s 's Pro Rata Share, or those of such other tenants, as may be necessary to more accurately reflect accountability for unusual or extra costs resulting from excessive usage, the manner of layout or finishes requiring special maintenance, or the like. The terms of this Subsection shall be solely for the benefit of the Landlord and may not be relied upon nor construed for the benefit of the Tenant, other tenants in the Buildingbuilding, or any other person.