OPERATING CHARGES AND REAL ESTATE TAXES. 5.1 For purposes of this Article V, the term “Building” shall be deemed to include the Land, the roof of the Building and any physical extensions therefrom, any driveways, sidewalks, landscaping, alleys and parking facilities in the Building or on the Land, and all other areas, facilities, improvements and appurtenances relating to any of the foregoing. If the Building is operated as part of a complex of buildings or in conjunction with other buildings or parcels of land, Landlord shall prorate the common expenses and costs with respect to each such building or parcel of land in its sole but reasonable judgment.
OPERATING CHARGES AND REAL ESTATE TAXES. A base year for the establishment of Operating Charges and Real Estate Taxes shall be established by the Licensor (the “Base Year”). The Base Year for this 1st Amended License Agreement shall be 2011. Commencing on first day of the first calendar month following the Base Year and thereafter for the remainder of the Term, Licensee shall pay to Licensor, as “Additional Rent”, Licensee’s proportionate share of the amount by which Operating Charges for each license year following the Base Year exceed the Base Year Operating Charges (hereinafter referred to as the “Operating Charges Escalation”) falling entirely or partly within the Term. “Operating Charges” shall mean the sum of all direct and indirect costs and expenses of any kind or nature whatsoever incurred in connection with the management, operation, maintenance, repair, replacement and cleaning of the Building, the Land and the Common Areas. Commencing on the first day of the year following the Base Year and thereafter for the remainder of the Term, Licensee shall pay, as Additional Rent, Licensee’s proportionate share of the amount by which Real Estate Taxes for each year falling entirely or partially within the Term following the Base Year exceeds the Base Year Real Estate Taxes (hereinafter referred to as the “Real Estate Taxes Escalation”). As of the date hereof, Licensee’s Proportionate Share is agreed to be 30.25%.
OPERATING CHARGES AND REAL ESTATE TAXES. 5.1 (a) From and after the first (1st) anniversary of the Lease Commencement Date, Tenant shall pay as additional rent Tenant’s Proportionate Share of the amount by which Operating Charges for each calendar year falling entirely or partly within the Lease Term exceed the Operating Charges Base Amount.
OPERATING CHARGES AND REAL ESTATE TAXES. 5.1(a) Tenant shall pay Tenant’s proportionate share of the amount by which Operating Charges (defined in Section 5.1(b)) during each calendar year falling entirely or partly within the Lease Term exceed a base amount (the “Operating Charges Base Amount”) equal to the Operating Charges incurred during the Base Year. For purposes of this Section, Tenant’s proportionate share shall be that percentage which is equal to a fraction, the numerator of which is the rentable area of the Premises, and the denominator of which is the rentable area of the Building.
OPERATING CHARGES AND REAL ESTATE TAXES. From and after the Commencement Date, Tenant shall pay additional rent pursuant to the terms of Exhibit B attached hereto and made a part hereof.
OPERATING CHARGES AND REAL ESTATE TAXES. 5.1 (a) Tenant shall also pay as additional rent (“Additional Rent”): (i) Tenant’s Proportionate Share of the Operating Charges (as defined in Section 5.1(b)) incurred during each calendar year falling entirely or partly within the Lease Term and (ii) Tenant’s Proportionate Share of the amount of Real Estate Taxes (as defined in Section 5.1(c)) incurred during each calendar year falling entirely or partly within the Lease Term. Tenant’s Proportionate Share has been set forth on the Rider. In the event the number of square feet comprising the Premises increases or decreases, respectively, pursuant to any provision of this Lease or of the Rider, or in the event the number of square feet of rentable area in the Building increases or decreases, Tenant’s Proportionate Share shall increase or decrease accordingly. Total Rentable Space for the Building may change from time to time. Therefore, if and when such change occurs, Tenant’s Proportionate Share will be appropriately adjusted and Landlord will provide Tenant with a written statement describing the adjustment.
OPERATING CHARGES AND REAL ESTATE TAXES. In addition to the Base Rent under this Lease, the Tenant shall be responsible for a 25% proportionate share of operating charges and real estate tax payments. It is acknowledged that the present monthly operating charge is $2,466, and the present monthly real estate tax payment is $1,241, such that Tenant shall be responsible for $616.50 per month for operating charges, and $310.25 per month for real estate tax payments. The Tenant acknowledges that it has reviewed materials and documents related to the computation of operating charges and real estate tax payments, and understands that these charges may increase.
OPERATING CHARGES AND REAL ESTATE TAXES. 5.1. (a) Tenant shall pay as additional rent all Operating Charges (as defined in Section 5.1(b)) incurred during each calendar year falling entirely or partly within the Lease Term.
OPERATING CHARGES AND REAL ESTATE TAXES. A. Tenant shall not be responsible for operating charges or real estate taxes.
OPERATING CHARGES AND REAL ESTATE TAXES. 5.1 (a) Tenant shall also pay as additional rent (“Additional Rent”): (i) Tenant’s Proportionate Share of the Operating Charges (as defined in Section 5.l (b)) incurred during each calendar year falling entirely or partly within the Lease Term and (ii) Tenant’s Proportionate Share of the amount of Real Estate Taxes (as defined in Section 5. l (c)) incurred during each calendar year falling entirely or partly within the Lease Term. In the event the number of square feet comprising the Premises increases or decreases, respectively, pursuant to any provision of this Lease or of the Rider, or in the event the number of square feet of rentable area in the Complex increases or decreases, Tenant’s Proportionate Share shall increase or decrease accordingly. Total Rentable Area for the Complex may change from time to time. Landlord and Tenant intend that Operating Charges paid by Tenant under this Lease reimburse Landlord for any actual increase in costs incurred by Landlord but not provide a profit to Landlord. In no event shall Operating Charges per rentable square foot, as determined by Landlord for any calendar year, multiplied by the rentable area of the Complex, exceed one hundred percent (100%) of the actual Operating Charges incurred by Landlord in that calendar year. Operating Charges for each calendar year shall always be determined in a manner consistent with the determination of Operating Charges for all prior calendar years.
