Building Operating Costs Sample Clauses

Building Operating Costs. Subject to the Excluded Costs (as defined below) relating to the Buildings, the term “Building Operating Costs” means all expenses, costs, and amounts of every kind or nature that Landlord pays or incurs (in good faith) because of or in connection with the ownership, operation, management, maintenance, or repair of each Building (which includes the land and any parking areas located under such Building). Building Operating Costs include, without limitation, the following amounts paid or incurred in good faith by Landlord relative to a Building: (a) the cost of supplying utilities to all portions of the Building (to the extent such cost is not payable directly by Tenant or any other tenant of the Building), including without limitation water, electricity, heating, ventilation, and air conditioning, (b) Tax Expenses relating to the Building, to the extent the Building is separately assessed by the taxing authority, (c) the cost of providing janitorial services for the Building and of operating, managing, maintaining, and repairing all building systems, including without limitation utility, mechanical, sanitary, storm drainage, and elevator systems, and the cost of supplies, tools, and equipment, as well as maintenance and service contracts in connection with those systems, (d) the cost of licenses, certificates, permits, and inspections relating to the operation of the Building, (e) the cost of contesting in good faith the validity or applicability of any government enactments that may affect the Building Operating Costs, (f) the cost of maintenance and repair of any parking areas located under the Building (if any), including, without limitation, resurfacing (such as slurry sealing), repainting, restriping, and cleaning costs, (g) reasonable fees, charges, and other costs for administration, management, and accounting, whether paid to Landlord, an affiliate of Landlord, or a third party, consulting fees, legal fees, and accounting fees of all persons engaged by Landlord or otherwise reasonably incurred by Landlord in connection with the operation, management, maintenance, and repair of the Building; provided however that such management fees and charges when combined with any management fee for the Project pursuant to Paragraph 8.1.7(h), are not in excess of three percent (3%) of the Project’s gross rents, (h) subject to the limitations set forth below, wages, salaries, and other compensation and benefits of all persons to the extent engaged in the operatio...
AutoNDA by SimpleDocs
Building Operating Costs. Tenant will pay to Landlord, as additional rental hereunder, in the manner set forth below, an amount ("Tenant's Pro Rata Share") equal to the Premises' Pro Rata Share of the amount by which Building Operating Costs for each calendar year of the Term exceeds Landlord's Share of Building Operating Costs. For purposes hereof, the term "Building Operating Costs" means all costs, charges, and expenses incurred by Landlord in connection with owning, operating, maintaining, repairing, insuring and managing the Building and Common Areas except those costs, charges, and expenses included within the definition of Energy Costs. Building Operating Costs include, without limitation, the items enumerated on Exhibit "C" to this Lease. If the Building Operating Costs for any calendar year is less than Landlord's Share of Building Operating Costs, the Premises' Pro Rata Share of Building Operating Costs will be deemed to be equal to Landlord's Share of Building Operating Costs. Notwithstanding the foregoing, Tenant’s Pro Rata Share of Controllable Operating Costs (defined below) shall not increase by more than 5% over Tenant’s Pro Rata Share of Controllable Operating Costs in the previous calendar year, including the Base Year, on a cumulative, compounded basis. However, any increases in Building Operating Costs not recovered by Landlord due to the foregoing limitation shall be carried forward into succeeding calendar years during the Term (subject to the foregoing limitation) until fully recouped by Landlord. For example, if Controllable Operating Costs were $100.00 in 2017, then the total Controllable Operating Costs that could be included in Building Operating Costs in 2018 would be $105.00, for 2019 the amount would be $110.25, for 2020 the amount would be $115.76, and so on. In the preceding example, if Controllable Operating Costs in both 2018 and 2019 were $107.00, then Landlord could include only $105.00 in Building Operating Costs in 2018, but $109.00 (the Controllable Operating Costs plus the carry-forward from 2018) in 2019. The term “Controllable Operating Costs” means all Building Operating Costs excluding expenses relating to the cost of utilities, security expenses, insurance, real estate taxes and assessments, and other expenses arising from legal requirements. Any category of expenses which was not included in Landlord’s Share of Building Operating Costs shall not be included in Building Operating Costs unless the cost of such new category is added to Lan...
Building Operating Costs. Tenant agrees to pay as additional rent the following out of pocket building operating costs and expenses incurred in the Leased Premises: all costs and expenses paid or incurred by the Landlord in maintaining, equipping, policing, securing, lighting, cleaning, painting, signing, and repairing the Building (including pipes, ducts, conduits, plate glass, electrical, and lighting fixtures but excluding exterior and structural repairs); the Premises on which the Building is located (including paving, curbs, walkways, drainage, striping, sweeping, sanding); exterior Building cleaning, pest control, refuse removal, snow removal, landscaping maintenance costs, the parking facilities and other areas (including seasonal decorations) of the Leased Premises. Tenant shall not be responsible for any management fees, indirect expenses or overhead.
Building Operating Costs. “Building Operating Costs” for the Base Year and each subsequent Calendar Year means all costs and expenses of every kind and nature, incurred by Landlord for operating, maintaining, managing, cleaning, equipping, insuring, securing, repairing, replacing, restoring and making improvements to the Building Property, including, but in no way limited to, the following (which are for broad general illustration purposes only):
Building Operating Costs. (1) Tenant hereby agrees that for each Operating Year during the term of this Lease for which the total Building Operating costs (as hereinafter defined) shall exceed the Building Operating Costs for the First Operating Year, Tenant shall pay to Landlord, as additional rent, an amount equal to the Occupancy Percentage of such excess within 30 days after presentation of Landlord's statement (the "Operating Statement") therefor. The Operating Statement shall indicate (i) the intial additional amount required to be paid by Tenant as additional rent as in this Article provided; (ii) the Tenant's new Adjusted Minimum Rent; and (iii) the manner in which such adjustment is computed. Landlord shall present its Operating Statement within 90 days after the commencement of each such Operating Year ("Billing Date"). Tenant shall thereafter, for the balance of that Operating Year and for that portion of the next Operating Year until the Billing Date during such year, make monthly payments of 1/12th of such increase to reflect the change as of the Billing Date, which amounts shall be credited for the account of Tenant against the annual payment due on the succeeding Billing Date.
Building Operating Costs. The following are, without limitation, examples of Building Operating Costs:
Building Operating Costs. From time to time, Landlord may determine that certain costs otherwise included within the definition of Operating Costs more properly relate solely or primarily to less than all of the Buildings in the Project (as a hypothetical example, elevator maintenance for elevators serving only the Building). If Landlord so elects, these costs will be deducted from Operating Costs and allocated only to tenants of the applicable Building(s), Tenant’s share of these costs will be calculated by dividing Tenant’s rentable square footage by the rentable square footage leased to all tenants in the applicable Building(s) and otherwise Tenant will pay its share of these costs in the manner described in Section 6.1. Operating Costs shall not include any capital expenditure (including, without limitation, costs of repairs, alterations, additions, changes and other items which under generally acceptable accounting principles are properly classified as capital expenditures if they upgrade the building) otherwise includable in Operating Costs for the year in which it was made, they shall nevertheless be included in such Operating Costs for such year and subsequent lease years an amount equal to the original expenditure divided by the number of years of useful life thereof.
AutoNDA by SimpleDocs
Building Operating Costs. Tenant agrees to pay their proportionate share of any increase in the building operating costs over the base year 1999 as determined by the building owners. The amount of any increase will be payable on a monthly basis separate from the base rent.
Building Operating Costs. 3.2.2.1 During the Initial Term and Renewal Term, Tenant will pay to Landlord, as Additional Rent, the amounts provided in subparagraph 3.2.2 based on Tenant’s pro rata share (adjusted in accordance with 3.2.2.2 below) of the amount by which the Building Operating Costs for each 12-month period (or part thereof, pro-rated) beginning April 1, 2003, exceed the Building Operating Costs for the Operating Base Year. The “Operating Base Year” is the 12-month period ending March 31, 2003. (Tenant will pay no share of Building Operating Costs for the Operating Base Year.) Those Building Operating Costs which vary with occupancy (i.e., janitorial services, HVAC costs) will be adjusted to reflect the Building Operating Costs for such expenses Landlord would have incurred if the Building is not fully occupied. Building Operating Costs which do not vary with occupancy, such as insurance and lobby maintenance, will continue to be allocated on a pro rata basis (adjusted in accordance with 3.2.2.2 below) over the space in the Building whether or not occupied.
Building Operating Costs. Tenant will pay to Landlord, as additional rental hereunder, in the manner set forth below, an amount equal to the excess of the PremisesPro Rata Share of Building Operating Costs for each calendar year of the Term over Landlord’s Share of Building Operating Costs (“Tenant’s Pro Rata Share”). For purposes hereof, the term “Building Operating Costs” means all costs, charges, and expenses incurred by Landlord in connection with owning, operating, maintaining, repairing, insuring and managing the Building and Common Areas except those costs, charges, and expenses included within the definition of Energy Costs. Building Operating Costs include, without limitation, the items enumerated on Exhibit “C” to this Lease. If the Premises’ Pro Rata Share of Building Operating Costs for any calendar year is less than Landlord’s Share of Building Operating Costs, the Premises’ Pro Rata Share of Building Operating Costs will be deemed to be equal to Landlord’s Share of Building Operating Costs.
Time is Money Join Law Insider Premium to draft better contracts faster.