CAP ON EXPENSES Sample Clauses

CAP ON EXPENSES. Notwithstanding anything to the contrary contained in this Lease, Tenant's obligation to pay Expenses (excluding costs for snow removal, insurance, utilities and other noncontrollable costs) shall:
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CAP ON EXPENSES. Notwithstanding anything in the Lease to the --------------- contrary, for the purpose of computing Additional Rent under the Lease only, the amount of Expenses for Adjustment Years 1996, 1997, 1998, 1999 and 2000 which shall be payable by Tenant shall be subject to the following limitation: Expenses payable by the Tenant for Adjustment Year 1996 (if any) shall not exceed an amount equal to $5.40 per rentable square foot of the Premises. Thereafter for Adjustment Years 1997, 1998, 1999 and 2000 (the "Capped Years"), Tenant's expense Adjustment (hereinafter defined) with respect to Expenses (or components of Expenses) which are not "Uncontrollable Expenses," shall not increase by more than five percent (5%) over the prior Adjustment Year during the Capped Years on a cumulative compounding basis. The capped amount of Expenses for any Capped Year is herein referred to as the "Capped Expense Amount." The portion of the Expense Adjustment attributable to Expenses (or components of Expenses) which are Uncontrollable Expenses (as hereinafter defined) shall not be capped. "Uncontrollable Expenses (including uncontrollable components of Expenses)" shall mean: the cost of snow removal, the cost of road salt, the cost of insurance premiums required to be carried by Landlord hereunder, the cost of internal and external common area utilities, including electricity, water and gas, supplies and union wages for both direct employees and employees of contractors.
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CAP ON EXPENSES. Notwithstanding anything herein to the contrary it is agreed that in no event will the Building Operating Expenses be increased by more than 5% on Controllable Expenses in any calender year over the Building Operating Expenses for the preceding year. For the purposes of this Office Lease, Controllable Expenses are described as Operating Expenses which are within the reasonable control of the Lessor, but specifically excluding taxes, utilities, costs associated with providing security, insurance, costs incurred to comply with governmental requirments and wages and salaries affected by the minimum wage. EXHIBIT D Page One of Two ACKNOWLEDGMENT OF LEASE (TO BE SIGNED AT MOVE-IN) The undersigned parties acknowledge that the lease described below is in full force and effect and that Xxxxxx has taken possession of the space. Date of lease: September 1, 2008 Lessor: Xxxxxx Blackacre, Ltd. Lessee: WhiteGlove House Call Health, Inc. Building name: Building I Suite No.: Suite 100 Building address: 0000 Xxx Xxxx Xxxx, Xxxxxxxx X City/County/State/Zip: Austin / Xxxxxx / Texas / 78746 Legal description of property: See Exhibit B of Lease The commencement date, annual anniversary date, and ending date of the initial lease term as defined in paragraph 4.1 of above lease are as follows: Commencement date (month, day, year): Annual Anniversary date (month, day): Ending date (month, day, year): The parties acknowledge that the lease has not been amended or modified and that this acknowledgment may be filed of record with the Texas Secretary of State or the county where the Building is located in order to record (1) Xxxxxx’s possession rights to the Leased Premises, and (2) Lessor’s contractual landlord lien rights over all personal property therein and any security deposit posted by Xxxxxx. The entire lease is hereby affirmed and incorporated herein. The lease will cease to be an encumbrance to Xxxxxx’s title if Lessor files an affidavit of record, stating that Xxxxxx no longer occupies the premises and that Xxxxxx’s right of possession has been lawfully terminated. LESSOR (To be signed at move-in) Xxxxxx Blackacre, Ltd., By SDC, Inc. Its General XXXXXX (To be signed at move-in) Partner, By Spertus Investments, L.L.C. DBA, SDC Properties, Its Agent WhiteGlove House Call Health, Inc. Printed name of company or firm (if applicable) XXXXXXX XXXXXXXX Printed name of company or firm (if applicable) Printed name of person signing Printed name of person signing Signature PRESIDENT...
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CAP ON EXPENSES. Commencing with the calendar year 2009, Landlord agrees that in calculating Tenant’s Proportionate Share of Operating Expenses pursuant to this Section 3.02, Operating Expenses shall not include Controllable Operating Expenses (as hereinafter defined) applicable to the Leased Premises which exceed four percent (4%) per calendar year over the Controllable Operating Expenses calculated on a cumulative basis per calendar year over the term of this Lease (“Controllable Expense Cap”). For example, assuming Controllable Operating Expenses of $100 for the calendar year 2009, the total of such expenses would be capped at $104 for the calendar year 2010 and $108.16 for the calendar year 2011, and so on. “Controllable Operating Expenses” mean all Operating Expenses within Landlord’s reasonable and direct control, either due to contracts with the providers of services or items for the Building which permit such control by Landlord, or due to such contracts which are cancelable by Landlord without cause on not more than thirty (30) days’ notice and replaceable with contracts from other equally capable providers of substantially the same services or items for the Building, but specifically excluding real estate taxes, utility expenses and insurance premiums. If the term of this Lease expires on a date other than December 31 of a calendar year, the last calendar year will be prorated on a per diem basis and the calculation of the Controllable Expense Cap adjusted appropriately. This Section shall survive the expiration or termination of the Lease.
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Related to CAP ON EXPENSES

  • Collection Expenses The Borrower further agrees, subject only to any limitation imposed by applicable law, to pay all expenses, including reasonable attorneys’ fees, incurred by the holder of this Note in endeavoring to collect any amounts payable hereunder which are not paid when due.

  • Distribution Expenses Each of the Funds expressly agrees to pay to Service Company, as requested, the Fund’s portion of the actual cost of distributing shares of the Funds, which shall mean its share of all of the direct and indirect expenses of a marketing and promotional nature including, but not limited to, advertising, sales literature, and sales personnel, as well as expenditures on behalf of any newly organized registered investment company which is to become a party of this Agreement pursuant to Section 5.4. The cost of distributing shares of the Funds shall not include distribution-related expenses of an administrative nature, which shall be allocated among the Funds pursuant to Section 3.2(A). Distribution expenses of a marketing and promotional nature shall be allocated among the Funds in the manner approved by the Securities and Exchange Commission in Investment Company Act Release No. 11645 (Feb. 25, 1981):

  • Litigation Expenses If either party successfully seeks to enforce any provision of this Agreement or to collect any amount claimed to be due under it, this party will be entitled to reimbursement from the other party for any and all of its out-of-pocket expenses and costs including, without limitation, reasonable attorneys' fees and costs incurred in connection with the enforcement or collection.

  • Liquidation Expenses Expenses that are incurred by the Master Servicer or a Servicer in connection with the liquidation of any defaulted Mortgage Loan and are not recoverable under the applicable Primary Mortgage Insurance Policy, including, without limitation, foreclosure and rehabilitation expenses, legal expenses and unreimbursed amounts expended pursuant to Sections 9.06, 9.16 or 9.22.

  • Termination Expenses If this Agreement shall terminate or shall be terminated after execution pursuant to any provisions hereof (otherwise than pursuant to Section 9 hereof or Section 10 hereof (except pursuant to the first clause of Section 10(i))) or if this Agreement shall be terminated by the Underwriters because of any failure or refusal on the part of the Partnership to comply with the terms or fulfill any of the conditions of this Agreement, the Partnership agrees to reimburse the Underwriters for all reasonable out-of-pocket expenses (including reasonable fees and expenses of counsel for the Underwriters) incurred by the Underwriters in connection herewith.

  • COMPENSATION; EXPENSES (a) In consideration of the foregoing, the Advisor shall pay the Sub-advisor, with respect to the Fund, a fee as specified in Appendix B hereto. Such fees shall be accrued by the Advisor daily and shall be payable monthly in arrears on the first business day of each calendar month for services performed hereunder during the prior calendar month. If fees begin to accrue in the middle of a month or if this Agreement terminates before the end of any month, all fees for the period from that date to the end of that month or from the beginning of that month to the date of termination, as the case may be, shall be prorated according to the proportion that the period bears to the full month in which the effectiveness or termination occurs. Upon the termination of this Agreement with respect to the Fund, the Advisor shall pay to the Sub-advisor such compensation as shall be payable prior to the effective date of termination.

  • Acquisition Expenses Any and all expenses incurred by the Company, the Advisor, or any Affiliate of either in connection with the selection, acquisition or development of any Asset, whether or not acquired, including, without limitation, legal fees and expenses, travel and communications expenses, costs of appraisals, nonrefundable option payments on property not acquired, accounting fees and expenses, and title insurance premiums.

  • Litigation Expense In the event of a default under this Agreement, the defaulting party shall reimburse the nondefaulting party for all costs and expenses reasonably incurred by the nondefaulting party in connection with the default, including without limitation attorney's fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation reasonable attorney's fees at the trial level and on appeal.

  • Loan Expenses Borrower agrees to pay all of the Loan Expenses. Any Loan Expenses paid by Lender shall bear interest commencing on the date demand for repayment thereof is made by Lender until repaid to Lender at the Default Rate and shall be paid by Borrower upon demand, or may be paid by Lender at any time by disbursement of proceeds of the Loan. Any Loan Expenses paid by Lender shall be reimbursed to Lender by Borrower regardless of whether there shall be any disbursements of the Loan.

  • ALPS Compensation; Expenses (a) ALPS will bear all expenses in connection with the performance of its services under this Agreement, except as otherwise provided herein. ALPS will not bear any of the costs of Fund personnel. Other Fund expenses incurred shall be borne by the Fund or the Fund’s investment adviser, including, but not limited to, initial organization and offering expenses; the blue sky registration and qualification of Shares for sale in the various states in which the officers of the Fund shall determine it advisable to qualify such Shares for sale (including registering the Fund as a broker or dealer or any officer of the Fund as agent or salesman in any state); litigation expenses; taxes; costs of preferred shares; expenses of conducting repurchase offers for the purpose of repurchasing Fund shares; administration, transfer agency, and custodial expenses; interest; Fund directors’ or trustees’ fees; brokerage fees and commissions; state and federal registration fees; advisory fees; insurance premiums; fidelity bond premiums; Fund and investment advisory related legal expenses; costs of maintenance of Fund existence; printing and delivery of materials in connection with meetings of the Fund’s directors or trustees; printing and mailing of shareholder reports, prospectuses, statements of additional information, other offering documents and supplements, proxy materials, and other communications to shareholders; securities pricing data and expenses in connection with electronic filings with the U.S. Securities and Exchange Commission (the “SEC”).

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