Common use of HEATING COSTS Clause in Contracts

HEATING COSTS. Tenant agrees that in the event Heating Costs for any calendar year shall be greater than the Heating Costs for the calendar year preceding the execution date of this Lease as a result of but not limited to increases in or additions to the number of units used, rates, fuel adjustments, taxes, surcharges, energy charges or charges of any kind, Tenant agrees to pay to Owner within ten (10) days after receipt of Owner's statement, 2.446% of such excess for the particular calendar year (prorated for any partial year within the term). Such statement shall be deemed final and binding on Tenant unless disputed by Tenant within 30 days after receipt thereof. Heating Costs as used in this Article 42 shall mean fuel costs if Owner continues to use its own heating plant or the cost of outside heating or steam if the Owner uses an off-premises heating service.