Common use of PARTIAL OCCUPANCY Clause in Contracts

PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments, if the Building is not fully occupied during all or a portion of any year during the Term (including the Base Year), Landlord shall make appropriate adjustments to the Operating Expenses for such year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building been fully occupied, and the amount so determined shall be deemed to have been the amount of Operating Expenses for such year. In the event that the Real Property is not fully assessed for all or a portion of any year (including the Base Year) during the Term, then Taxes shall be adjusted to an amount which would have been payable in such year if the Real Property had been fully assessed. In the event any other tenant in the Building provides itself with a service of a type which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.

Appears in 1 contract

Samples: Workletter Agreement (Northpoint Communications Group Inc)

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PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments, Adjustments for any Adjustment Year if the Building is not fully occupied rented during all or a portion of any year during the Term (including the Base Year)year, Landlord shall may make appropriate adjustments to the Operating Expenses for such year Adjustment Year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building been fully 95% occupied, and the amount so determined shall be deemed to have been the amount of Operating Expenses for such yearAdjustment Year. In the event that the Real Property is not fully assessed for all or a portion of any year (including the Base Year) during the Termyear, then Taxes shall be adjusted to an amount which would have been payable in such year if the Real Property had been fully assessed. In the event any other tenant in the Building provides itself with a service of a type which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.

Appears in 1 contract

Samples: Work Letter Agreement (Planvista Corp)

PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments, if the Building is not fully occupied during all or a portion of any year during the Term (including the Base Year)Term, Landlord shall make appropriate adjustments to the Operating Expenses for such year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building been fully 95% occupied, and the amount so determined shall be deemed to have been the amount of includable in Operating Expenses for such year. In the event that the Real Property is not fully assessed for all or a portion of any year (including the Base Year) during the Term, then Taxes shall be adjusted to an amount which would have been payable in such year if the Real Property had been fully assessed. In the event any other tenant in the Building provides itself with a service of a type which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.

Appears in 1 contract

Samples: Office Lease (National Mercantile Bancorp)

PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments, if the Building is not fully occupied during all or a portion of any year during the Term (including the Base Year)Term, Landlord shall may make appropriate adjustments to the Operating Expenses for such year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building been fully 100% occupied, and the amount so determined shall be deemed to have been the amount of Operating Expenses for such year. In the event that the Real Property is not fully assessed for all or a portion of any year (including the Base Year) during the Term, then Taxes shall be adjusted to an amount which would have been payable in such year if the Real Property had been fully assessed. In the event any other tenant in the Building provides itself with a service of a type which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.

Appears in 1 contract

Samples: Workletter Agreement (Velocityhsi Inc)

PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments, Adjustments for any Adjustment Year if the Building is not fully occupied rented during all or a portion of any year during the Term (including the Base Year)year, Landlord shall may make appropriate adjustments to the Operating Expenses for such year Adjustment Year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building been fully 95% occupied, and the amount so determined shall be deemed to have been the amount of Operating Expenses for such yearAdjustment Year. In the event that the Real Property is not fully assessed for all or a portion of any year (including the Base Year) during the Termyear, then Taxes shall be adjusted to an amount which would have been payable in such year if the Real Property had been fully assessed, as determined by Landlord in its reasonable judgment. In the event any other tenant in the Building provides itself with a service of a type which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.

Appears in 1 contract

Samples: Office Lease (Amber Road, Inc.)

PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments, Adjustments for any Adjustment Year if the Building is not fully occupied rented during all or a portion of any year during the Term (including the Base Year)year, Landlord shall may make appropriate adjustments to the Operating Expenses for such year Adjustment Year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building been fully 95% occupied, and the amount so determined shall be deemed to have been the amount of Operating Expenses for such yearAdjustment Year. In the event that the Real Property is not fully assessed for all or a portion of any year (including the Base Year) during the Termyear, then Taxes shall be adjusted to an amount mount which would have been payable in such year if the Real Property had been fully assessed. In the event any other tenant in the Building building provides itself with a service of a type which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.

Appears in 1 contract

Samples: Office Lease (Nichols Txen Corp)

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PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments, if the Building Project is not fully occupied during all or a portion of any year during the Term (including the Base Year)Term, Landlord shall may make appropriate adjustments to the Operating Expenses for such year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building Project been fully 100% occupied, and the amount so determined shall be deemed to have been the amount of Operating Expenses for such year. In the event that the Real Property is not fully assessed for all or a portion of any year (including the Base Year) during the Term, then Taxes shall be adjusted to an amount which would have been payable in such year if the Real Property had been fully assessed. In the event any other tenant in the Building provides itself with a service of a type which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.

Appears in 1 contract

Samples: Office Lease (Embarcadero Technologies Inc)

PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments, if the Building is not fully less than 95% occupied during all or a portion of any year during the Term (including the Base Year)Term, Landlord shall make appropriate adjustments to the Operating Expenses for such year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building been fully 95% occupied, and the amount so determined shall be deemed to have been the amount of includable in Operating Expenses for such year. In the event that the Real Property is not fully assessed for all or a portion of any year (including the Base Year) during the Term, then Taxes shall be adjusted to an amount which would have been payable in such year if the Real Property had been fully assessed. In the event any other tenant in the Building provides itself with a service of a type which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.

Appears in 1 contract

Samples: Workletter Agreement (Learning Tree International Inc)

PARTIAL OCCUPANCY. For purposes of determining Rent Adjustments, if the Building is not fully occupied during all or a portion of any year during the Term (including the Base Year)Term, Landlord shall make appropriate adjustments to the Operating Expenses for such year employing sound accounting and management principles consistently applied, to determine the amount of Operating Expenses that would have been paid or incurred by Landlord had the Building been fully 100% occupied, and the amount so determined shall be deemed to have been the amount of Operating Expenses for such year. In the event that the Real Property is not fully assessed for all or a portion of any year (including the Base Year) during the Term, then Taxes shall be adjusted to an amount which would have been payable in such year if the Real Property had been fully assessed. In the event any other tenant in the Building provides itself with a service of a type which Landlord would supply under the Lease without an additional or separate charge to Tenant, then Operating Expenses shall be deemed to include the cost Landlord would have incurred had Landlord provided such service to such other tenant.

Appears in 1 contract

Samples: Office Lease (Calico Commerce Inc/)

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