Controllable Costs Sample Clauses

Controllable Costs. Notwithstanding anything in the Lease or this Amendment to the contrary, during the Second Extension Period, Landlord agrees that future increases in the Tenant’s Proportionate Share of actual Controllable Costs (which costs are defined below) above the actual Controllable Costs for 2010 and for any subsequent year during any calendar year during the term of the Lease shall be limited to the lesser of (i) the increase in the actual Controllable Costs for such year from the preceding year or (ii) a four percent (4%) annual increase, on a cumulative, compounded basis, over Tenant’s Proportionate Share of actual Controllable Costs for 2010. The term “Controllable Costs” means all Tenant Costs excluding the cost of utilities, insurance and Taxes (as more particularly described in Paragraph 3A of the Lease and modified by Paragraph 3(b) of the Second Amendment and Paragraph 5(d) of this Amendment).

Controllable Costs. During the Extended Term, Controllable Costs shall continue to be capped pursuant to Paragraph 11 of the Original Lease (as amended by Paragraph 8(a) of the First Amendment); provided, however, Controllable Costs used to calculate the Additional Rent payable by Tenant under said Paragraph 11 of the Original Lease (as amended by Paragraph 8(a) of the First Amendment) shall not be increased by more than three percent (3%) cumulative per calendar year on a compounded basis. Tenant, at its expense has the right to audit expenses annually during the Extended Term pursuant to the terms and provisions of Paragraph 11 of the Original Lease.

Controllable Costs. American shall not be required to incur any cost or make any payment pursuant to this Section 7 to the extent that such cost or payment is attributable to any of the following costs and expenses incurred by Contractor (collectively the “Controllable Costs”). Any cost or expense incurred by Contractor that is not a Pass Through Cost or Absorbed Expense, regardless of whether such costs are described below, shall be considered a Controllable Cost: (i) Rent and other costs of ownership and use of any Contractor Controllable Facilities; (ii) Costs of ownership and use of the American Facilities and Contractor Facilities, to the extent borne by Contractor as provided in Sections 2 and 3, respectively; (iii) Costs to vacate and surrender facilities upon termination of this Agreement, termination of the AA License at any American Facility or Partial Termination of this Agreement with respect to any Contractor Facility, in each case pursuant to Section 10(f); and (iv) Any other costs and expenses not specifically allocated pursuant to the terms of this Agreement.

Controllable Costs. Notwithstanding anything to the contrary set forth in this Article 4, for each Expense Year, Tenant's obligation to pay "Controllable Costs" (as hereinafter defined) shall not increase, on an annual and cumulative basis, by an amount greater than [*] per year following the initial lease year. For purposes of this Section 4.6, "Controllable Costs" shall mean all Operating Expenses and Tax Expenses except: (i) property taxes and any and all assessments, including assessment districts, and government mandated charges with respect to the Building or Project, or any part thereof; (ii) insurance carried by Landlord with respect to the Project and/or the operation thereof; and (iii) costs of utilities, including, without limitation, air conditioning, heating, ventilating, plumbing, and electricity * Portions redacted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. costs, water and sewer charges, utility surcharges or assessments and refuse removal. Such limitations shall be calculated on an annual basis and cumulative basis only, such that Landlord may carry forward increases in Controllable Operating Expenses in excess of one hundred five percent (105%) and pass them through to Tenant in subsequent Expense Years so long as the requirements of the preceding sentence are satisfied.

Controllable Costs. Notwithstanding anything contained in this Lease to the contrary, for purposes of computing ▇▇▇▇▇▇'s Allocated Share of Operating Costs, Controllable Costs (as defined in this section) for any calendar year shall not exceed the Cap Amount (as defined in this section) for that calendar year. The "Cap Amount" for any given calendar year during the Lease Term shall be an amount determined by increasing the Controllable Costs for the calendar year in which the Commencement Date occurs by 5% per annum on a cumulative and compounding basis. "Controllable Costs" shall mean all Operating Costs other than Operating Costs which are not within Landlord’s control, such as, but not limited to, the following: Real Estate Taxes, insurance related costs, premiums, and deductibles, life safety and security costs, utility and waste collection related costs, property management fees, and property owners’ or condominium association assessments, costs resulting from acts of God, and the amortized costs of capital improvements (or, if the item in question is leased rather than purchased, the rental costs incurred) if the capital improvements are required to comply with laws not in effect on the Date of this Lease or are otherwise required on an emergency basis. In addition, the Cap Amount shall exclude increases in Controllable Costs resulting from increases in the minimum hourly wage rate in effect as of the Date of this Lease. In no event shall this cap apply to Operating Costs other than Controllable Costs. If at any time Landlord or its principals control any association and/or the declarant under the Declarations, as applicable, Landlord will not seek to circumvent the Cap Amount by allocating expenses to the Declarations, as applicable, that would otherwise be customarily considered in the real estate industry an Operating Cost.

Controllable Costs. Notwithstanding anything contained in this Lease to the contrary, for purposes of computing Tenant’s Allocated Share of Operating Costs, Controllable Costs (as defined in this section) for any calendar year shall not exceed the Cap Amount (as defined in this section) for that calendar year. The “Cap Amount” for any given calendar year during the Lease Term shall be an amount determined by increasing the Controllable Costs for the calendar year in which the Commencement Date occurs by 5% per annum on a cumulative and compounding basis. “Controllable Costs” shall mean all Operating Costs other than the costs of Real Estate Taxes, insurance related costs, premiums and deductibles, life safety and security costs, utility and waste collection related costs, costs resulting from acts of God to the extent not reimbursed by insurance, and the amortized costs of capital improvements if the capital improvements are required to comply with laws not in effect on the Commencement Date. In addition, the Cap Amount shall exclude increases in Controllable Costs resulting from increases in the minimum hourly wage rate in effect as of the Date of this Lease. In no event shall this cap apply to Operating Costs other than Controllable Costs.