LANDLORD'S OPERATING EXPENSES. DEFINITION. "Landlord's -------------------------------------------- Operating Expenses" means all costs of Landlord in owning, servicing, operating, managing, maintaining, and repairing the Building, Land and all improvements thereon and providing services to tenants including, without limitation, the costs of the following: (i) supplies, materials and equipment purchased or rented, total wage and salary costs paid to, and all contract payments made on account of, all persons engaged in the operation, maintenance, security, cleaning and repair of the Building and Land, including Social Security, old age and unemployment taxes and so-called "fringe benefits"; (ii) building services furnished to tenants of the Building at Landlord's expense (including the types of services provided to Tenant pursuant to Section 4.1 hereof) and maintenance and repair of and services provided to or on behalf of the Building performed by Landlord's employees or by other persons under contract with Landlord; (iii) utilities consumed and expenses incurred in the operation, maintenance and repair of the Building including, without limitation, oil, gas, electricity (other than electricity to tenants in their Premises if Tenant is directly responsible for payment under this Lease on account of electricity consumed by Tenant), water, sewer and snow removal; (iv) casualty, liability and other insurance, and unreimbursed costs incurred by Landlord which are subject to an insurance deductible; (v) costs of operating any cafeteria, other food service facility, day care facility, or physical fitness facility for use of tenants generally; and (vi) management fees (not to exceed the management fees for the first Lease Year of the Term). Any Landlord Operating Expenses which partly benefit the Land or Building and partly benefit other land or buildings in the Xxxxx Xxxxx Office Park shall be allocated in accordance with current practices, consistently applied. If Landlord, in its sole discretion, installs a new or replacement capital item for the purpose of reducing or conserving the use of energy in the Building, complying with any building code or other law, regulation, or legal requirement, complying with requirements of any insurer, or otherwise relating to the operation of the Building, the cost of such item amortized over its useful life determined in accordance with generally accepted accounting principles with interest at the rate of two percent (2%) per annum above the so-called pr...
LANDLORD'S OPERATING EXPENSES. (Article 7) Tenant shall reimburse Landlord for Tenant's Share of Operating Expenses, as determined in the manner set forth in Paragraph (C)(1), above, and in the manner and to the extent provided in Article 7 of the Standard Terms and Conditions.
LANDLORD'S OPERATING EXPENSES. (a) "Operating Expenses" shall mean any or all expenses incurred by Landlord in connection with the operation of the Real Property, including all expenses incurred as a result of Landlord's compliance with any of its obligations hereunder, other than the work to be performed by Landlord in accordance with Exhibit "C", and such expenses shall include but not be limited to: (i) salaries, wages, medical, surgical and general welfare benefits (including group life insurance) and pension payments of employees of Landlord engaged in the operation and maintenance of the Building; (ii) payroll taxes, worker's compensation, uniforms and dry cleaning of uniforms for the employees referred to in subdivision (i); (iii) the cost of all charges for oil, gas, electricity (including, but not limited to, fuel cost adjustments), steam, heat, ventilation, air conditioning and water (including sewer rental and assessments) furnished to the building (including common areas thereof) including any taxes on any such utilities, but excluding therefrom the cost, including taxes thereon, of electric energy furnished directly other tenants of the building or of electrical energy furnished directly to the premises for purposes other than for heating and air-conditioning (which costs shall be borne by Tenant pursuant to the provisions of Article 15 hereof); (iv) the cost of all charges for rent-loss, casualty, war risk insurance (if obtainable from the United States government) and of liability insurance for the building; (v) the cost of all building and cleaning supplies for the common areas of the building and charges for telephone for the Building; (vi) the cost of all charges for management, window cleaning and service contracts with independent contractors for the common areas of the Building; and (vii) legal and accounting expenses and any other expense or cost, which, in accordance with generally accepted accounting principles and the standard management practices for office buildings comparable to the Building, would
LANDLORD'S OPERATING EXPENSES. Tenant shall pay as Additional Rent to Landlord operating expenses for landscape maintenance, sand/salt and perimeter lighting maintenance. Payment shall be made either on a monthly basis or on an occurrence basis. Snow removal costs will be split between the Tenant and the Landlord. Each party is responsible for fifty percent (50/50). It is the Tenant’s responsibility to hire the snow removal contractor.
LANDLORD'S OPERATING EXPENSES. This Lease is what is termed a "Net, Net, Net Lease," it being understood that Landlord shall receive all Rent under this Lease free and clear of any and all other impositions, taxes, liens, charges or expenses of any nature whatsoever in connection with the ownership and operation of the Premises except as specifically otherwise provided herein. In addition to the Rent reserved in this Lease, Tenant shall, except as may otherwise be specifically provided herein, pay to the parties respectively entitled thereto all reasonable impositions, insurance premiums, operating charges, maintenance charges, janitorial charges, construction costs and other charges, landscaping charges, costs and expenses which arise or may be contemplated under any provision of this Lease during the term hereof. Notwithstanding anything to the contrary contained in Paragraph 6 above or this Paragraph 7, with respect to all sums payable by Tenant as Additional Rent under Paragraphs 6 and 7 for the acquisition, installation, repair or replacement of any item in connection with the Premises which is capital in nature and the cost of which would be capitalized under GAAP, Tenant shall be required to pay only the prorata share of the cost of the item falling due within the Term (including the Option Term, if any) based upon the amortization of the same over the useful life of such item, as Landlord and Tenant shall mutually determine in accordance with GAAP together with interest on the unamortized balance at the rate that was paid by Landlord on funds borrowed for the purpose of such capital improvements, or, if Landlord does not borrow such funds, at the rate equal to the Prime Rate announced by Bank of America (or any successor) from time to time plus two percent (2%).
LANDLORD'S OPERATING EXPENSES. 7.3.1 For each year or part of a year occurring within the Term, Tenant shall pay to Landlord within thirty (30) days after Landlord's presentation of Landlord's Statement (as hereinafter defined) to Tenant therefor, as Additional Rent, Tenant's Proportionate Share of Landlord's Operating Expenses attributable to the Real Property and the Building.
LANDLORD'S OPERATING EXPENSES defined in Section 5.1(a). Landlord’s Tax Statement: defined in Section 4.2. Lease Year: each calendar year, or partial calendar year, during the Term. Legal Requirements: all statutes, codes, ordinances, regulations, rules, orders, directives and requirements of any governmental entity, authority, agency, bureau, board, office, commission and/or department (or official thereof), and including covenants and restrictions of record, which now or at any time hereafter may be applicable to the Property or any part thereof, including, but not limited to, all Environmental Laws.
LANDLORD'S OPERATING EXPENSES. 7.3.1 Commencing on the first anniversary of the Commencement Date, for each year or part of a year occurring within the Term, Tenant shall pay to Landlord in the manner described in paragraph 7.4, as Additional Rent, Tenant's Proportionate Share of the amount by which Landlord's Operating Expenses attributable to such period exceed Landlord's Operating Expenses attributable to the Base Operating Year (or corresponding portion thereof). For the purposes hereof "Base Operating Year" shall mean the calendar year 2007.
LANDLORD'S OPERATING EXPENSES. Notwithstanding anything to the contrary in the Lease, during the Expansion Term, Landlord’s Operating Expenses shall include costs incurred by Landlord in connection with installing, subsidizing and operating Project amenities and specialty services (such as a telecommunications facility, fitness center, gym or other athletic or recreational club, conference center, or a tenant only lounge area and the like) located in the Project for use by tenants generally to the extent such costs exceed the net income received therefrom (provided that such costs shall be allocated to Phase 2 in the ratio which the Total Rentable Floor Area of the Building bears to the total Rentable Floor Area of Phase 1 in the absence of circumstances determined by Landlord to dictate a special allocation). Accordingly, the words “the cost of installing or subsidizing any specialty services, such as the parking facility, an observatory, broadcasting or telecommunications facility, retail store, sundries shop, newsstand, cafeteria, hotel or dining facility, or athletic or recreational club” are hereby deleted from the last sentence of the first paragraph of Section 2.6.3.
LANDLORD'S OPERATING EXPENSES. If in any Lease Year (the "First Lease Year" being hereby defined as the first period of twelve (12) months following the date on which Tenant is obligated under the Lease to commence paying monthly rental, and a "Lease Year" being defined as the First Lease Year and each twelve month period thereafter during the terms of the Lease) the Actual Operating Expenses, as defined hereinbelow, exceed the First Lease Year's Operating Expenses of the building in which the Premises are located (for the purposes of Operating Expense calculations, the term "Building" shall include the building in which the Premises are located and the common areas thereof usable under the Lease by Tenant and its employees), Tenant agrees to pay Landlord, as maintenance rent ("Maintenance Rent"), a Proportionate Share of such excess Operating Expenses based on the ratio of the net rentable area of the Premises to the net rentable area of the Building, which Proportionate Share shall be deemed to be fifty percent (50%) and is hereinafter referred to as "Tenant's Proportionate Share".
