Common use of Gross-Up Adjustment Clause in Contracts

Gross-Up Adjustment. If the Building is less than fully occupied or if Building standard Landlord services are not provided to the entire Building during any Adjustment Period, including the Base Year, then Operating Expenses for such Adjustment Period or Base Year shall be “grossed up” by Landlord to that amount of Operating Expenses and that, using reasonable projections, would normally be expected to be incurred during the Adjustment Period or Base Year if the Building was ninety-five percent (95%) occupied and receiving Building standard Landlord services during the Adjustment Period or Base Year, as determined under generally accepted accounting principles consistently applied. Such adjustment shall not, however, result in Landlord receiving more than 100% of the actual amount of such “variable” Operating Expenses.

Appears in 4 contracts

Samples: Lease Agreement (Viamet Pharmaceuticals Holdings LLC), Lease Agreement (Viamet Pharmaceuticals Holdings LLC), Lease Agreement (Viamet Pharmaceuticals Holdings LLC)

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Gross-Up Adjustment. If the Building is less than fully occupied or if Building ------------------- standard Landlord services are not provided to the entire Building during the Base Year or any Adjustment Period, including the Base Year, then Operating Expenses for the Base Year or such Adjustment Period or Base Year shall be "grossed up" by Landlord to that amount of Operating Expenses and that, using reasonable projections, would normally be expected to be incurred during the Base Year or Adjustment Period or Base Year if the Building was ninety-five one hundred percent (95100%) occupied and receiving Building building standard Landlord services during the Base Year or Adjustment Period or Base YearPeriod, as determined under generally accepted accounting principles consistently applied. Such adjustment shall not, however, result in Landlord receiving more than 100% of the actual amount of such “variable” Operating Expenses.

Appears in 2 contracts

Samples: Lease Agreement (Network Access Solutions Corp), Lease Agreement (Network Access Solutions Corp)

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