Common use of Liability For Operating Expenses Clause in Contracts

Liability For Operating Expenses. (a) Tenant shall pay to Landlord, at the time and in the manner hereinafter set forth, as additional rental, an amount equal to one hundred percent (100%) ("Tenant's Operating Cost Share") of the Operating Expenses defined in Section 9.2. (b) If Landlord constructs additional buildings on the Phase II Site or on any other adjacent property owned by Landlord and operated, for common area purposes, on an integrated basis with the Phase I Site, Landlord and Tenant shall negotiate in good faith concerning the reasonable and appropriate treatment of any taxes, insurance or other operating expense items that are allocable both to the Phase I Site and to any such additional buildings or properties. To the extent appropriate, except as otherwise agreed in any such negotiations by Landlord and Tenant, the definition of Operating Expenses in Section 9.2 shall be expanded to include items attributable to such additional buildings or properties and Tenant's Operating Cost Share shall be adjusted from time to time to be equal to the percentage determined by dividing the square footage of the Initial Building as it then exists by the square footage of all buildings located on portions of the Site owned by Landlord or on any applicable adjacent property owned by Landlord as described above. In determining such percentage, a building shall be taken into account from and after the date on which a tenant first enters into possession of the building or a portion thereof, and the square footage of any such building shall be measured or determined in accordance with the same BOMA standard applicable to the measurement of the Initial Building under Section 1.1(a) hereof.

Liability For Operating Expenses. (a) Tenant shall pay to Landlord, at the time and in the manner hereinafter set forth, as additional rental, an amount equal to one hundred percent (100%) ("“Tenant's ’s Operating Cost Share"”) of the Operating Expenses defined in Section 9.2. (b) If Landlord constructs additional buildings on the Phase II Site or on any other adjacent property owned by Landlord and operated, for common area purposes, on an integrated basis with the Phase I Site, Landlord and Tenant shall negotiate in good faith concerning the reasonable and appropriate treatment of any taxes, insurance or other operating expense items that are allocable both to the Phase I Site and to any such additional buildings or properties. To the extent appropriate, except as otherwise agreed in any such negotiations by Landlord and Tenant, the definition of Operating Expenses in Section 9.2 shall be expanded to include items attributable to such additional buildings or properties and Tenant's ’s Operating Cost Share shall be adjusted from time to time to be equal to the percentage determined by dividing the square footage of the Initial Building as it then exists by the square footage of all buildings located on portions of the Site owned by Landlord or on any applicable adjacent property owned by Landlord as described above. In determining such percentage, a building shall be taken into account from and after the date on which a tenant first enters into possession of the building or a portion thereof, and the square footage of any such building shall be measured or determined in accordance with the same BOMA standard applicable to the measurement of the Initial Building under Section 1.1(a) hereof.

Liability For Operating Expenses. (a) Tenant shall pay to Landlord, at the time and in the manner hereinafter set forth, as additional rental, an amount equal to one hundred percent (100%) ("Tenant's Operating Cost Share") of the Operating Expenses defined in Section Paragraph 9.2. (b) If Landlord constructs additional buildings on incurs Operating Expenses for the Phase II Property and Parcels other than the Site (consisting only of maintenance of landscaping, maintenance of the jogging trail and paved areas, insurance expenses, any cost resulting from the Existing CC&R's, or on any other adjacent property owned expense imposed by Landlord any governmental body with authority over the Property and operated, for common area purposes, the Torrey Pines Science Center) on an integrated a basis with which does not separate ▇▇▇▇▇ ▇▇▇▇▇butable to the Phase I SiteProperty, Landlord and Tenant shall negotiate in good faith concerning make a reasonable determination regarding the reasonable and appropriate treatment of any taxes, insurance or other operating such expense items that are allocable both to the Phase I Site and to any such additional buildings or properties. To the extent appropriate, except as otherwise agreed in any such negotiations by Landlord and Tenant, the definition of Operating Expenses in Section 9.2 shall be expanded to include items attributable to such additional buildings or properties and Tenant's Operating Cost Share shall be adjusted from time to time to be equal to the percentage determined by dividing the square footage of the Initial Building as it then exists by the square footage of all buildings located on portions of the Site owned by Landlord or on any applicable adjacent property owned by Landlord as described above. In determining such percentage, a building shall be taken into account from and after the earlier of (a) the date such expenses are first incurred with respect to such other properties or (b) the date on which a tenant first enters into possession of the building or a portion thereof, and the square footage of any such building shall be measured or determined in accordance with the same BOMA standard applicable to the measurement of the Initial Building. All such expenses shall be allocated to the Initial Building under Section 1.1(abased on the square footage thereof relative to the square footage within and planned to be within the Parcels. (c) hereofTenant shall pay the Management Fee to Landlord as part of Operating Expenses. Landlord shall provide, or cause another entity to provide, periodic reviews of the Property, payment of taxes and other Operating Expenses, provision of Operating Expense Statements and effectuation of repairs for which Landlord is responsible pursuant to this Lease.