Allocation of Operating Expenses. The parties acknowledge that the Building is a part of a multi-building project, and that the costs and expenses incurred in connection with the Complex (i.e., the Operating Expenses) shall be shared between the tenants of the Building and the tenants of the other buildings of the Complex. Accordingly, as set forth above, Operating Expenses are determined annually for the Complex as a whole, and a portion of the Operating Expenses, which portion shall be determined by Landlord on a reasonable and equitable basis, shall be allocated to the tenants of the Building (as opposed to the tenants of such other buildings), and such portion so allocated shall be the amount of Operating Expenses payable with respect to the Building upon which Tenant’s Share shall be calculated. Such portion of the Operating Expenses allocated to the tenants of the Building shall include all Operating Expenses which are attributable solely to the Building, and a reasonable and equitable portion of the Operating Expenses attributable to the Complex as a whole.
Allocation of Operating Expenses. Tax Expenses and Utilities Costs to Building. The parties acknowledge that the Building is a part of a multi-building project, and that the costs and expenses incurred in connection with the Real Property i.e. the Operating Expenses, Tax Expenses and Utilities Costs) should be shared between the tenants of the Building and the tenants of the Adjacent Building. Accordingly, as set forth in Sections 4.1 and 4.2 above, Operating Expenses, Tax Expenses and Utilities Costs are determined annually for the Real Property as a whole. and a portion of the Operating Expenses, Tax Expenses and Utilities Costs, which portion shall be determined by Landlord on an equitable basis, shall be allocated to the Building (as opposed to the Adjacent Building), and such portion so allocated shall be the amount of Operating Expenses, Tax Expenses and Utilities Costs payable with respect to the Building upon which Tenant's Share shall be calculated. Such portion of the Operating Expenses, Tax Expenses and Utilities Costs allocated to the Building shall include all Operating Expenses, Tax Expenses and Utilities Costs which are attributable solely to the Building, and an equitable portion of the Operating Expenses, Tax Expenses and Utilities Costs attributable to the Real Property as a whole. As an example of such allocation with respect to Tax Expenses and Utilities Costs, it is anticipated that Landlord may receive separate tax bills which separately assess the improvements component of Tax Expenses for each building in the Project and/or Landlord may receive separate utilities bills from the utilities companies identifying the Utilities Costs for certain of the utilities costs directly incurred by each such building (as measured by separate meters installed for each such building), and such separately assessed Tax Expenses and separately metered Utilities Costs shall be calculated for and allocated separately to each such applicable building. In addition, in the event Landlord elects, at its sole option, to subdivide certain common area portions of the Real Property such as landscaping, public and private streets, driveways, walkways, courtyards, plazas, transportation facilitation areas, accessways and/or parking areas into a separate parcel or parcels of land (and/or separately convey all or any of such parcels to a common area association to own, operate and/or maintain same), the Operating Expenses, Tax Expenses and Utilities Costs for such common area parcels of land may be ...
Allocation of Operating Expenses. If at any time during the Term less than one hundred percent (100%) of the then current Rentable Area of the Building is occupied by tenants, at Landlord's option, those components of Operating Expenses which vary with occupancy shall be removed from general Operating Expenses and allocated to the portion of the Building which is actually occupied by tenants and generating such components of Operating Expenses. Such special allocation shall be made on a pro rata basis over the occupied Rentable Area in the Building, based on both the comparative Rentable Areas of the occupied premises and the portion of such Calendar Year during which such premises were occupied. Operating Expenses which do not vary with occupancy, such as public liability insurance and lobby maintenance, will continue to be allocated on a pro rata basis over the Rentable Area of the Building whether or not then occupied and Tenant shall only be responsible for its Proportionate Share of such Operating Expenses.
Allocation of Operating Expenses. The operating costs (as defined in Appendix A) will be paid from the Operating Fund, which will be funded in the following priority order.
Allocation of Operating Expenses. Tenant acknowledges that, because the Project contains multiple buildings and both retail and office elements, Landlord shall equitably allocate some or all of the Operating Expenses for the Project among different portions or occupants of the Project (the "Cost Pools"), in Landlord's reasonable discretion, based on (i) those Project Operating Expenses which are attributable solely to the Building, and (ii) a portion of the Operating Expenses which are attributable to the common areas of the Project as a whole.
Allocation of Operating Expenses. Notwithstanding the allocations set forth in Section 10.1 and 10.2, Operating Expenses for any fiscal year shall be specially allocated Pro Rata to the Partners; provided, however, that, if the General Partner waives any portion of the Management Fee attributable to the General Partner or its Affiliates pursuant to Section 5.2(c) hereof, the General Partner or its Affiliates, as the case may be, will not be allocated any portion of the Management Fee so waived.
Allocation of Operating Expenses. .... 7 X. Xxxxxx's Right to Examine Landlord's Books and Records............... 7
Allocation of Operating Expenses. If at any time during the Term less than ninety-five percent (95%) of the then current Rentable Area of the Building is occupied by tenants, at Landlord’s option those components of Operating Expenses which vary with occupancy shall be removed from general Operating Expenses and allocated to the portion of the Building which is actually occupied by tenants and generating such components of Operating Expenses. Such special allocation shall be made on a pro rata basis over the occupied Rentable area in the Building, based on both the comparative Rentable Areas of the occupied premises and the portion of such Calendar Year during which such premises were occupied. Notwithstanding the foregoing, Tenant shall not be obligated to pay more for any such allocated expense than Tenant would pay if the then current Rentable Area of the Building was ninety-five percent (95%) occupied by tenants. Operating Expenses which do not vary with occupancy, such as public liability insurance and lobby maintenance, will continue to be allocated on a pro rata basis over the Rentable Area of the Building whether or not occupied and Tenant shall only be responsible for its Proportionate Share of such Operating Expenses.
Allocation of Operating Expenses. Landlord shall pay that portion of Tenant's Proportionate Share of the Operating Expenses for each year during the term hereof which is equal to the Operating Expenses for Tenant's Base Year. The Basic Rent is established on the basis that Landlord shall pay only such amount in connection with the Operating Expenses and that Tenant will reimburse Landlord to the extent that Tenant's Proportionate Share of the Operating Expenses for any year exceed the Operating Expenses for Tenant's Base Year and on the basis that the Basic Rent shall never be decreased if Tenant's Proportionate Share of the actual Operating Expenses for any year is less than the Operating Expenses for Tenant's Base Year. Therefore, if Tenant's Proportionate Share of the Operating Expenses for any year shall be greater than the Operating Expenses for Tenant's Base Year, then Tenant shall pay as additional rent during such year an amount equal to the difference between Tenant's Proportionate Share of the Operating Expenses for such year and the Operating Expenses for Tenant's Base Year, all in accordance with the provisions of Section 4.2(d).
Allocation of Operating Expenses. Tenant shall pay as Additional Rent Tenant's Percentage Share of Project Operating Expenses and
