Common use of Occupancy Adjustment Clause in Contracts

Occupancy Adjustment. If, with respect to Operating Cost Escalation, as established in Subsection 25(A) hereof, and Utility and Energy Cost Escalation, as established in Subsection 25(B) hereof, the Building is not ninety-five (95%) percent occupied during the establishment of the respective Base Period Costs, then the Base Period Costs incurred with respect to said Operating Cost or Utility and Energy Cost shall be adjusted during any such period so as to reflect ninety-five (95%) percent occupancy. Similarly, if, during any Lease Year or proportionate part thereof subsequent to the establishment of the respective Base Period Costs the Building is less than ninety-five (95%) percent occupied, then the actual costs incurred for Operating Cost and Utility and Energy Cost shall be increased during any such period to reflect ninety-five (95%) percent occupancy so that at all times after the establishment of the aforesaid Base Period Costs, the Utility and Energy Cost and Operating Cost shall be actual costs, but in the event less than ninety-five (95%) percent of the Building is occupied during all or part of the Lease Year involved, the Utility and Energy Cost and Operating Cost shall not be less than that which would have been incurred had ninety-five (95%) percent of the Building been occupied. The aforesaid adjustment shall only be made with respect to those items that are in fact affected by variations in occupancy levels. To the extent any Operating Cost or Utility and Energy Cost is separately billed or metered or paid for directly by any Building tenant, to include but not be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.

Occupancy Adjustment. If, with respect to Operating Cost Escalation, as established in Subsection 25(A) hereof, and Utility and Energy Cost Escalation, as established in Subsection 25(B) hereof, the Building is not ninety-five (95%) percent occupied during the establishment of the respective Base Period Costs, then the Base Period Costs incurred with respect to said Operating Cost or Utility and Energy Cost shall be adjusted during any such period so as to reflect ninety-five (95%) percent occupancy. Similarly, if, during any Lease Year or proportionate part thereof subsequent to the establishment of the respective Base Period Costs the Building is less than ninety-five (95%) percent occupied, then the actual costs incurred for Operating Cost and Utility and Energy Cost shall be increased during any such period to reflect ninety-five (95%) percent occupancy so that at all times after the establishment of the aforesaid Base Period Costs, the Utility and Energy Cost and Operating Cost shall be actual costs, but in the event less than ninety-five (95%) percent of the Building is occupied during all or part of the Lease Year involved, the Utility and Energy Cost and Operating Cost shall not be less than that which would have been incurred had ninety-five (95%) percent 95%)percent of the Building been occupied. The aforesaid adjustment shall only be made with respect to those items that are in fact affected by variations in occupancy levels. To the extent any Operating Cost or Utility and Energy Cost is separately billed or metered or paid for directly by any Building tenant, to include but not be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.

Occupancy Adjustment. If, with respect to Operating Cost Escalation, as established in Subsection 25(A22(A) hereof, and Utility and Energy Cost Escalation, as established in Subsection 25(B22(B) hereof, the Building is not ninety-five ninety (9590%) percent occupied during the establishment of the respective Base Period Costs, periods then the Base Period Costs costs incurred with respect to said Operating Cost Costs or Utility and Energy Cost Costs shall be adjusted during any such period within the Base period so as to reflect ninety-five ninety (9590%) percent occupancy. Similarly, if, during any Lease Year or proportionate part thereof subsequent to the establishment of the respective Base Period Costs the Building is less than ninety-five ninety (9590%) percent occupied, occupied then the actual costs incurred for Operating Cost and Utility and Energy Cost shall be increased during any such period to reflect ninety-five ninety (9590%) percent occupancy so that at all times after the establishment of the aforesaid Base Period Costs, the Utility and Energy Cost and Operating Cost shall be actual costs, but in the event less than ninety-five (95%) percent of the Building is occupied during all or part of the Lease Year involved, the Utility and Energy Cost and Operating Cost shall not be less than that which would have been incurred had ninety-five ninety (9590%) percent of the Building been occupied. The aforesaid adjustment shall only be made with respect to those items that are in fact affected by variations in occupancy levels. To the extent any Operating Cost or Utility and Energy Cost Costs is separately billed or metered or paid for directly by any Building tenant, to include but not to be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.

Occupancy Adjustment. If, with respect to Operating Cost Escalation, as established in Subsection 25(A22(A) hereof, and the Utility and Energy Cost Escalation, as established in Subsection 25(B22(B) hereof, the Building is not ninety-five (95%) percent occupied during the establishment of the respective Base Period CostsPeriods, then the Base Period Costs costs incurred with respect to said Operating Cost or Utility and Energy Cost shall be adjusted during any such period within the Base period so as to reflect ninety-five (95%) percent occupancy. Similarly, if, during any Lease Year calendar year or proportionate part thereof subsequent to the establishment of the respective Base Period Costs the Building is less than ninety-five (95%) percent occupied, occupied then the actual costs incurred for Operating Cost and Utility and Energy Cost shall be increased during any such period to reflect ninety-five (95%) percent occupancy so that at all times after the establishment of the aforesaid Base Period CostsPeriod, the Utility and Energy Cost and or Operating Cost shall be actual costs, but in the event less than ninety-five (95%) percent of the Building is occupied during all or part of the Lease Year calendar year involved, the Utility and Energy Cost and Operating Cost shall not be less than that which would have been incurred had and ninety-five (95%) percent of the Building been occupied. The aforesaid adjustment shall only be made with respect to those items that are in fact affected by variations in occupancy levels. To the extent any Operating Cost or Utility and Energy Cost is separately billed or metered or paid for directly by any Building tenantlessee, to include but not be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment. Notwithstanding anything to the contrary contained in this Lease, Lessor shall not include in its calculation of Operating Costs or Utility and Energy Costs any costs for services not provided for Lessee's benefit, either solely or in connection with such services provided to other tenants at the Building.

Occupancy Adjustment. If, with respect to Operating Cost Escalation, as established in Subsection 25(AArticle 23(a) hereof, and Utility and Energy Cost Escalation, as established in Subsection 25(BArticle 23(b) hereofhereof and Insurance Cost Escalation, as established in Article 23(d), the Building is not less than ninety-five percent (95%) percent occupied during the establishment of the respective Base Period CostsPeriods, then the Base Period Costs incurred with respect to said Operating Cost or Cost, Utility and Energy Cost and Insurance Cost shall be adjusted during any such period within the Base Period so as to reflect ninety-five percent (95%) percent occupancy. Similarly, if, if during any Lease Year or proportionate part thereof Partial Lease Year, subsequent to the establishment of the respective Base Period Costs the Building is less than ninety-five percent (95%) percent occupied, then the actual costs incurred for Operating Cost and Cost, Utility and Energy Cost and Insurance Cost shall be increased during any such period to reflect ninety-five percent (95%) percent occupancy so that at all times after the establishment of the aforesaid Base Period Coststhe Operating Cost, the Utility and Energy Cost and Operating or Insurance Cost shall be actual costs, but in the event less than ninety-five percent (95%) percent of the Building is occupied during all or part of the Lease Year involved, the Operating Cost, Utility and Energy Cost and Operating or Insurance Cost shall not be less than that which would have been incurred had ninety-five percent (95%) percent of the Building been occupied. The aforesaid adjustment shall only be made with respect to those items that are in fact affected by variations in occupancy levels. To the extent any Operating Cost or Utility and Energy Cost is separately billed or metered or paid for directly by any Building tenant, to include but not be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.*

Occupancy Adjustment. If, with respect to Operating Cost Escalation, as established in Subsection 25(AArticle 23(a) hereof, and Utility and Energy Cost Escalation, as established in Subsection 25(BArticle 23(b) hereof, and Insurance Cost Escalation, as established in Article 23(d) hereof, the Building is not less than ninety-five percent (95%) percent occupied during the establishment of the respective Base Period CostsPeriods, then the Base Period Costs incurred with respect to said Operating Cost or Utility and Energy Cost or Insurance Cost shall be adjusted during any such period within the Base Period so as to reflect ninety-five percent (95%) percent occupancy. Similarly, if, if during any Lease Year or proportionate part thereof Partial Lease Year, subsequent to the establishment of the respective Base Period Costs the Building is less than ninety-five percent (95%) percent occupied, then the actual costs incurred for Operating Cost and Utility and Energy Cost and Insurance Cost shall be increased during any such period to reflect ninety-five percent (95%) percent occupancy so that at all times after the establishment of the aforesaid Base Period Costs, the Operating Cost or Utility and Energy Cost and Operating or Insurance Cost shall be actual costs, but in the event less than ninety-five percent (95%) percent of the Building is occupied during all or part of the Lease Year involved, the Operating Cost or Utility and Energy Cost and Operating or Insurance Cost shall not be less than that which would have been incurred had ninety-five percent (95%) percent of the Building been occupied. The aforesaid adjustment shall only be made with respect to those items that are in fact affected by variations in occupancy levels. To the extent any Operating Cost or Utility and Energy Cost is separately billed or metered or paid for directly by any Building tenant, to include but not be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.

Occupancy Adjustment. If, with respect to Operating Cost Escalation, as established in Subsection 25(A) hereof, and Utility and Energy Cost Escalation, as established in Subsection 25(B22(A) hereof, the Building is not ninety-five ninety (9590%) percent occupied during the establishment of the respective Base Period Costs, periods then the Base Period Costs costs incurred with respect to said Operating Cost or Utility and Energy Cost shall be adjusted during any such period within the Base period so as to reflect ninety-five ninety (9590%) percent occupancy. Similarly, if, during any Lease Year or proportionate part thereof subsequent to the establishment of the respective Base Period Costs the Building is less than ninety-five ninety (9590%) percent occupied, occupied then the actual costs incurred for Operating Cost and Utility and Energy Cost shall be increased during any such period to reflect ninety-five ninety (9590%) percent occupancy so that at all times after the establishment of the aforesaid Base Period Costs, the Utility and Energy Cost and Operating Cost shall be actual costs, but in the event less than ninety-five ninety (9590%) percent of the Building is occupied during all or part of the Lease Year involved, the Utility and Energy Cost and Operating Cost shall not be less than that which would have been incurred had ninety-five ninety (9590%) percent of the Building been occupied. The aforesaid adjustment shall only be made with respect to those items that are in fact affected by variations in occupancy levels. To the extent any Operating Cost or Utility and Energy Cost is separately billed or metered or paid for directly by any Building tenant, to include but not be limited to LesseeTenant, or for which Lessor Landlord receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.