RENTAL ESCALATION FOR INCREASES IN EXPENSES Sample Clauses

RENTAL ESCALATION FOR INCREASES IN EXPENSES. In the event the Operating Expenses of the Building during any calendar year commencing January 1, 2001 and thereafter exceed the amount of "Base Operating Expenses," defined to be the amount of Operating Expenses actually incurred by Lessor in calendar year 2000, Lessee shall pay to Lessor, as additional rent, Lessee's proportionate share (allocable only to the Additional Space, not the Existing Demised Premises) of the portion of the Operating Expenses that exceeds the amount of the Base Operating Expenses. The proportionate share to be so paid by Lessee shall be the percentage which the total square feet of the Additional Space bears to the total square feet of all office and retail space in the Building, which is 7.78%, and the amount of said proportionate share to be paid by Lessee shall be the same proportion as the number of days in such calendar year the Additional Space was leased by Lessee bears to three hundred sixty (360). The term "
Sample 1
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RENTAL ESCALATION FOR INCREASES IN EXPENSES. In the event the Operating Expenses of the Building during any calendar year commencing January 1, 2001 and thereafter exceed the amount of "Base Operating Expenses," defined to be the amount of Operating Expenses actually incurred by Lessor in calendar year 2000, Lessee shall pay to Lessor, as additional rent, Lessee's proportionate share of the portion of the Operating Expenses that exceeds the amount of the Base Operating Expenses. The proportionate share to be so paid by Lessee shall be the percentage which the total square feet of the Demised Premises bears to the total square feet of all office and retail space in the Building (approximately 277,133 rentable square feet measured in accordance with the Washington, D.C. Association of Realtors Standard Method of Measurement - January 1, 1989), which is 21.67% (subject to adjustment after final space measurement as provided in Section 1 above), and the amount of said proportionate share to be paid by Lessee shall be the same proportion as the number of days in such calendar year said Demised Premises were leased by Lessee bears to three hundred sixty (360). The term "
Sample 1
RENTAL ESCALATION FOR INCREASES IN EXPENSES. (A) Effective as of the Addition Date, Section 5 of the Lease shall be and is hereby amended to provide that (i) Additional Space Base Operating Expenses are defined to be the amount of Operating Expenses actually incurred by Lessor in calendar year 2004, and (ii) Additional Space Base Operating Costs are defined to be the amount of Operating Costs actually incurred by Lessor in calendar year 2004. Operating Expenses and Operating Costs for each calendar year (including Additional Space Base Operating Expenses and Additional Space Base Operating Costs) shall be those actually incurred, provided, however, that if the Building was not at least ninety-five percent (95%) occupied during the entire calendar year, the Operating Expenses (including without limitation Real Estate Taxes) and Operating Costs shall be adjusted, using reasonable projections taking into account any leases which are net of electric and/or char service, and only to the extent any items of Operating Expenses or Operating Costs vary with the occupancy level of the Building, to project the Operating Expenses and Operating Costs as if the Building were ninety-five percent (95%) occupied during the entire calendar year by tenants using substantially all Building services.
Sample 1
RENTAL ESCALATION FOR INCREASES IN EXPENSES. Subject to the terms and conditions of this Xxxxxxxx Xx. 0, Xxxxxx shall have no obligation to pay additional rent with respect to Lessee’s Additional Space Proportionate Share of increases in Operating Expenses and increases in Operating Costs accruing with respect to any period from and after the Partial Termination Date.
Sample 1
RENTAL ESCALATION FOR INCREASES IN EXPENSES. In the event the operating expenses of the Building increase during any calendar year after the calendar year 1981, hereinafter referred to as the "base year", Lessee shall pay to Lessor, as a part of rent, Lessee's proportionate share of the increase in such operating expenses. The proportionate share to be so paid by Lessee shall be the percentage which the total square feet of the Demised Premises bears to the total square feet of all office and store space in the Building of which the Demised Premises are a part, which is 1.53%, and the amount of said percentage to be paid by the Lessee shall be the percentage of the calendar year said Demised Premises were leased by Lessee. The term "
Sample 1
RENTAL ESCALATION FOR INCREASES IN EXPENSES. Lessee's obligation to pay as a part of rent for the Demised Premises, its proportionate share of the increases in operating expenses for the Building as set forth in the section of the Lease entitled "RENTAL ESCALATION FOR INCREASES IN EXPENSES" shall remain unchanged. In addition, Lessee shall also pay to Lessor, as a part of rent for the Additional Demised Premises, its proportionate share of the increases in operating expenses for the Building in excess of expenses incurred in calendar year 1983, such year being hereinafter referred to as the "base year." Lessee's obligation to pay rental escalations for increases in operating expenses attributable to the Additional Demised Premises shall begin on the Commencement Date of this Addendum and shall continue in effect for the entire term of the Lease. The proportionate share to be so paid by Lessee shall be the percentage which the total square feet of the Additional Demised Premises bears to the total square feet of all office and store space in the Building of which the Additional Demised Premises are a part, which is 1.99%, and the amount of said percentage to be paid by Lessee shall be the percentage of the calendar year said Additional Demised Premises were leased by Lessee. Commencing with the first day of May in calendar year 1985 and on the first day of May of each calendar year of the Lease thereafter, Lessee will pay to Lessor as additional rent attributable to the Additional Demised Premises with monthly rent, one-twelfth (1/12th) of ninety percent (90%) of Lessee's proportionate share of any increases, over the base year, of operating expenses during the prior calendar year. Lessee shall continue to make said payment monthly thereafter on the first day of each calendar month until the amount of such payment is adjusted on May 1 of the following calendar year because of increases in Lessee's proportionate share of operating expenses. Notwithstanding the foregoing, provided Lessee is not in default of its obligations hereunder, Lessee shall be entitled to an abatement of its obligation with respect to increases in operating expenses during calendar year 1984 in an amount equal to one-half ( 1/2) of the product of .0199 multiplied by the difference between operating expenses of the Building during calendar year 1984 and operating expenses of the Building during the base year. Within ninety (90) days after the expiration of each calendar year, a firm of certified public accountants, selected by Les...
Sample 1
RENTAL ESCALATION FOR INCREASES IN EXPENSES. Lessee's obligation to pay as a part of rent for the Demised Premises, its proportionate share of the increases in operating expenses for the Building as set forth in the section of the Lease entitled, "RENTAL ESCALATION FOR INCREASES IN EXPENSES" shall remain unchanged.
Sample 1
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RENTAL ESCALATION FOR INCREASES IN EXPENSES. (A) Prior to the Extension Commencement Date, Lessee shall continue to pay additional rent to Lessor pursuant to the section of the Lease entitled "RENTAL ESCALATION FOR INCREASES IN EXPENSES."
Sample 1

Related to RENTAL ESCALATION FOR INCREASES IN EXPENSES

  • Compensation For Increased Costs and Taxes Subject to the provisions of Section 2.20 (which shall be controlling with respect to the matters covered thereby), in the event that any Lender shall determine (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto) that any law, treaty or governmental rule, regulation or order, or any change therein or in the interpretation, administration or application thereof (including the introduction of any new law, treaty or governmental rule, regulation or order), or any determination of a court or Governmental Authority, in each case that becomes effective after the date hereof, or compliance by such Lender with any guideline, request or directive issued or made after the date hereof by any central bank or other governmental or quasi-governmental authority (whether or not having the force of law): (i) subjects such Lender (or its applicable lending office) to any additional Tax or changes the basis of taxation of payments to the Lender (other than, in each case, any Tax on the overall net income of such Lender) with respect to this Agreement or any of the other Credit Documents or any of its obligations hereunder or thereunder or any payments to such Lender (or its applicable lending office) of principal, interest, fees or any other amount payable hereunder; (ii) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of such Lender (other than any such reserve or other requirements with respect to Eurodollar Rate Loans that are reflected in the definition of Adjusted Eurodollar Rate); or (iii) imposes any other condition (other than with respect to a Tax matter) on or affecting such Lender (or its applicable lending office) or its obligations hereunder or the London interbank market; and the result of any of the foregoing is to increase the cost to such Lender of maintaining Loans hereunder or to reduce any amount received or receivable by such Lender (or its applicable lending office) with respect thereto; then, in any such case, Borrower shall pay within 10 days to such Lender, upon receipt of the statement referred to in the next sentence, such additional amount or amounts (in the form of an increased rate of, or a different method of calculating, interest or otherwise as such Lender in its sole discretion shall determine) as may be necessary to compensate such Lender for any such increased cost or reduction in amounts received or receivable hereunder. Such Lender shall deliver to Borrower (with a copy to Administrative Agent) a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to such Lender under this Section 2.19(a), which statement shall be conclusive and binding upon all parties hereto absent manifest error.

  • Compensation for Increased Costs Subject to the provisions of Section 2.14 (which shall be controlling with respect to the matters covered thereby), in the event that any Lender shall have reasonably determined in good faith (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto) that any law, treaty or governmental rule, regulation or order, or any change therein or in the interpretation, administration or application thereof (including the introduction of any new law, treaty or governmental rule, regulation or order), or any determination of a court or governmental authority, in each case that becomes effective after the date hereof, or compliance by such Lender with any guideline, request or directive issued or made after the date hereof by any central bank or other governmental or quasi-governmental authority (whether or not having the force of law): (i) subjects such Lender (or its applicable lending office) to any additional Tax (other than any Indemnified Tax, Excluded Tax or Other Tax) with respect to this Agreement or any of the other Credit Documents or any of its obligations hereunder or thereunder or any payments to such Lender (or its applicable lending office) of principal, interest, fees or any other amount payable hereunder, (ii) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of such Lender (other than any such reserve or other requirements), or (iii) imposes any other condition (other than with respect to a Tax matter) on or affecting such Lender (or its applicable lending office) or its obligations hereunder or the London interbank market; and the result of any of the foregoing is to increase the cost to such Lender of agreeing to make, making or maintaining the Loans hereunder or to reduce any amount received or receivable by such Lender (or its applicable lending office) with respect thereto; then, in any such case, the Borrower shall pay to such Lender within ten (10) Business Days of receipt of the statement referred to in the next sentence, such additional amount or amounts (in the form of an increased rate of, or a different method of calculating, interest or otherwise as such Lender in its sole discretion shall determine) as may be necessary to compensate such Lender for any such increased cost or reduction in amounts received or receivable hereunder; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs or reductions incurred more than 180 days prior to the date that such Lender notifies the Borrower of the change in law giving rise to such increased costs or reductions and of such Lender’s intention to claim compensation therefor; provided further that, if the change in law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof. Such Lender shall deliver to the Borrower (with a copy to the Administrative Agent) a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to such Lender under this Section 2.13(a), which statement shall be conclusive and binding upon all parties hereto absent manifest error.

  • Allocation of Direct Expenses The parties acknowledge that the Building is a part of a multi-building project and that the costs and expenses incurred in connection with the Project (i.e., the Direct Expenses) should be shared between the Building and the other buildings in the Project. Accordingly, as set forth in Section 4.2 above, Direct Expenses (which consist of Operating Expenses and Tax Expenses) are determined annually for the Project as a whole, and a portion of the Direct Expenses, which portion shall be determined by Landlord on an equitable basis, shall be allocated to the Building (as opposed to other buildings in the Project). Such portion of Direct Expenses allocated to the Building shall include all Direct Expenses attributable solely to the Building and a pro rata portion of the Direct Expenses attributable to the Project as a whole, and shall not include Direct Expenses attributable solely to other buildings in the Project.

  • Operating Expense Payments Landlord shall deliver to Tenant a written estimate of Operating Expenses for each calendar year during the Term (the “Annual Estimate”), which may be revised by Landlord from time to time during such calendar year. During each month of the Term, on the same date that Base Rent is due, Tenant shall pay Landlord an amount equal to 1/12th of Tenant’s Share of the Annual Estimate. Payments for any fractional calendar month shall be prorated.

  • Statement of Actual Direct Expenses and Payment by Tenant Landlord shall give to Tenant within five (5) months following the end of each Expense Year, a statement (the “Statement”) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Tenant’s Share of Direct Expenses. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, Tenant shall pay, with its next installment of Base Rent due that is at least thirty (30) days thereafter, the full amount of Tenant’s Share of Direct Expenses for such Expense Year, less the amounts, if any, paid during such Expense Year as “Estimated Direct Expenses,” as that term is defined in Section 4.4.2, below, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant’s Share of Direct Expenses, Tenant shall receive a credit in the amount of Tenant’s overpayment against Rent next due under this Lease. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s Share of Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord such amount, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant’s Share of Direct Expenses, Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the amount of the overpayment. The provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

  • Limit on Operating Expenses The Advisor hereby agrees to limit the Fund’s current Operating Expenses to an annual rate, expressed as a percentage of the Fund’s average daily net assets for the month, to the amounts listed in Appendix A (the “Annual Limit”). In the event that the current Operating Expenses of the Fund, as accrued each month, exceed its Annual Limit, the Advisor will pay to the Fund, on a monthly basis, the excess expense within the first ten days of the month following the month in which such Operating Expenses were incurred (each payment, a “Fund Reimbursement Payment”).

  • Exclusions from Operating Expenses Operating Expenses exclude the following expenditures:

  • Operating Expenses Unless modified in accordance with Exhibit D, Landlord maintenance addendum, attached hereto, it is the intention of the parties and they hereby agree that this shall be a triple net Lease, and the Landlord shall have no obligation to provide any services, perform any acts or pay any expenses, charges, obligations or costs of any kind whatsoever with respect to the Premises, and Tenant hereby agrees to pay one hundred percent (100%) of any and all Operating Expenses as hereafter defined for the entire term of the Lease and any extensions thereof in accordance with specific provisions hereinafter set forth. The term Operating expenses shall include all costs to Landlord of operating and maintaining the Building and related parking areas, and shall include, without limitation, real estate and personal property taxes and assessments, management fee, heating, electricity, water, waste disposal, sewage, operating materials and supplies, service agreements and charges, lawn care, snow removal, restriping, repairs, repaving, cleaning and custodial, security, insurance, the cost of contesting the validity or applicability of any governmental acts which may affect operating expenses, and all other direct operating costs of operating and maintaining the Building and related parking areas, unless expressly excluded from operating expenses. Notwithstanding the foregoing, operating costs (and Tenant's obligations in relation thereto) shall not include (i) any expense chargeable to a capital account or capital improvement, ground leases; principal or interest payments on any mortgage or deed of trust on the premises; (ii) any amount for which Landlord is reimbursed through insurance, by third persons, or directly by other tenants of the premises, (iii) repair costs occasioned by fire, windstorm or other casualty, (iv) any construction, repair or maintenance expenses or obligations that are the sole responsibility of Landlord (not to be reimbursed by Tenant), (v) leasing commissions and other expenses incurred in connection with leasing any other area located on the premises to any other party, (vi) any expense representing an amount paid to an affiliate or subsidiary of Landlord which is in excess of the amount which would be paid in the absence of such relationship, and (vii) costs of items and services for which Tenant reimburses Landlord or pays third persons directly.

  • Calculation and Payment of Additional Rent Tenant shall pay to Landlord, in the manner set forth in Section 4.4.1, below, and as Additional Rent, Tenant’s Share of Direct Expenses for each Expense Year.

  • Statement of Estimated Direct Expenses In addition, Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”) which shall set forth Landlord’s reasonable estimate (the “Estimate”) of what the total amount of Direct Expenses for the then-current Expense Year shall be and the estimated Tenant’s Share of Direct Expenses (the “Estimated Direct Expenses”). The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Direct Expenses under this Article 4, nor shall Landlord be prohibited from revising any Estimate Statement or Estimated Direct Expenses theretofore delivered to the extent necessary. Thereafter, Tenant shall pay, with its next installment of Base Rent due that is at least thirty (30) days thereafter, a fraction of the Estimated Direct Expenses for the then-current Expense Year (reduced by any amounts paid pursuant to the last sentence of this Section 4.4.2). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliver to Tenant at any time), Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Expenses set forth in the previous Estimate Statement delivered by Landlord to Tenant.

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