Operating Expense Gross Up Clause Samples
Operating Expense Gross Up. The following is added at the end of Paragraph 4.2: If the Building is not ninety-five percent (95%) occupied during all or any portion of the Base Year and/or any Comparison Year, Lessor shall make an appropriate adjustment to the variable components of Operating Expenses for that Base Year and/or any Comparison Year, as applicable, as reasonably determined by Lessor employing sound accounting and management principles, to determine the amount of Operating Expenses that would have been paid had the Building been ninety-five percent (95%) occupied and the amount so determined shall be deemed to have been the amount of Operating Expenses for that Base Year and/or Comparison Year, as applicable.
Operating Expense Gross Up. The first sentence of Section 5.6 of the Lease is deleted in its entirety and replaced with the following: If the occupancy of the Building during any part of any Lease Year is less than one hundred percent (100%), Landlord shall make an appropriate adjustment of the variable components of Operating Expenses for that Lease Year, as reasonable determined by Landlord using sound accounting and management principles, to determine the amount of Operating Expenses that would have been incurred had the Building been one hundred percent (100%) occupied.