Share of Operating Costs. 4.5 The Tenant shall during and in respect of the Term pay its Proportionate Share of Operating Costs as follows: the Tenant's Proportionate Share of Operating Costs shall be estimated by the Landlord for such period as the Landlord may determine (not to exceed 12 months) and the Tenant shall pay the same to the Landlord in equal monthly instalments together with the regular monthly instalments of Basic Rent as set out in paragraph 3.1. The Landlord shall furnish to the Tenant an estimate of the Proportionate Share of Operating Costs payable by the Tenant during the period so determined by the Landlord. At the end of such period, the Landlord shall furnish the Tenant with a statement showing the actual amount of the Proportionate Share of Operating Costs paid and payable by the Tenant, and the Landlord and Tenant covenant and agree each with the other that if an overpayment of the Tenant's Proportionate Share of Operating Costs has been made by the Tenant, the Landlord shall credit such amount to the Tenant's Proportionate Share of Operating Costs for the ensuing period and if there is no ensuing period such amount shall be paid to the Tenant and if an amount remains owing to the Landlord in respect of the Tenant's Proportionate Share of Operating Costs, the Tenant shall forthwith pay such amount to the Landlord. NO NUISANCE
Share of Operating Costs. The Premises are separately metered for electricity. Tenant shall obtain electricity directly from the utility company and pay the utility company directly for such electricity
Share of Operating Costs. If Tenant's Share of the actual Operating Costs for any Lease Year is less than the amount Tenant paid to Landlord as the estimate of Tenant's Share of Operating Costs for such Lease Year, such excess amount shall be applied against the installment of Additional Rent next coming due until the same has been fully applied.
Share of Operating Costs. The amounts deposited into escrow and actually used to acquire Leases shall be the basis for each Party's ownership interest in the Leases. Subject to Section 6(b), below, no such amounts shall be credited or used for operations. Notwithstanding the actual dates of signing and/or recording the cross assignments pursuant to Section 5, above, each Party shall be responsible for its/his respective share of the cost of operations in accordance with the terms of the Operating Agreement attached hereto as Exhibit A (the "Operating Agreement"), with such share based on each Party's respective ownership interest at the time such cost is incurred. The cost of Dolphin's preparation of Title Opinions shall be included in such cost of operation.
Share of Operating Costs. Landlord shall make a good faith estimate of Xxxxxx’s Share of Operating Costs for any fiscal year or part thereof during the Term and notify Tenant of such estimate no later than thirty (30) days prior to each fiscal year, and Tenant shall pay to Landlord, on the Additional Rent Commencement Date and on the first (1st) day of each calendar month thereafter, an amount equal to Xxxxxx’s Share of Operating Costs for such fiscal year and/or part thereof divided by the number of months therein. Upon at least thirty (30) days’ notice, Landlord may estimate and re-estimate Xxxxxx’s Share of Operating Costs and deliver a copy of the estimate or re-estimate to Tenant, provided that no more than one re-estimate may be made in any given fiscal year. Thereafter, the monthly installments of Tenant’s Share of Operating Costs shall be appropriately adjusted in accordance with the estimations so that, by the end of the fiscal year in question, Tenant shall have paid all of Tenant’s Share of Operating Costs as estimated by Xxxxxxxx. Any amounts paid based on such an estimate shall be subject to reconciliation as herein provided when actual Operating Costs are available for each fiscal year.
Share of Operating Costs. The Term of the Lease shall remain unchanged. Tenant shall have five (5) business days after receipt of any such notice to elect to lease all such space on the terms of this Lease with the Rent as set forth above. If Tenant rejects any such offer, or fails to respond to any such offer within said period, Landlord shall be free to lease the offered space to a third party. If Tenant accepts any such offer, Landlord and Tenant shall execute an amendment to the Lease adding the additional space to the Premises, increasing the Rent based upon the then applicable rental rate per square foot under the Lease, and adding three (3) parking spaces per rentable square foot of the additional space. The space shall be delivered “as is”. Tenant shall be responsible for any tenant improvements which it may desire to the additional space, at its expense. All such improvements shall be subject to the prior review and approval of Landlord. In the event Tenant leases such space, Tenant’s obligation to pay Rent on such space shall commence upon the date which is the earlier to occur of ninety (90) days after the date Landlord delivers such space to Tenant or the date Tenant first opens for business in such space.
Share of Operating Costs. For each month during the term hereof (commencing August 2000), Tenant's Proportionate Share shall equal one-twelfth (1/12) of the product of $ .25 (such sum to increase by an additional $.25 on each anniversary of August 1, 2000 during the Term) multiplied by the rentable area of the Premises during each month. Such sum shall be payable in advance in equal monthly installments.
Share of Operating Costs. Landlord agrees that Notwithstanding the foregoing, Landlord agrees that Tenant may perform its own janitorial service
Share of Operating Costs. (b) The Tenant shall pay to the Landlord, when due, all Taxes in respect of the Premises, including any Taxes charged in respect of any Common Areas. In addition, the Tenant shall pay its Proportionate Share of Taxes, if any, separately charged against Common Areas. The Tenant's obligation to pay Taxes in respect of the Premises shall be determined on the basis of a separate xxxx, if available. If the relevant taxing authority does not issue a separate xxxx for Taxes in connection with the Premises, then the Tenant's obligation in respect of Taxes shall be computed by applying the relevant tax rate to a separate assessment of the Premises, if any. If there is neither a separate xxxx for Taxes for the Premises nor a separate assessment of the Premises, then Taxes charged in respect of the Premises shall be determined by the Landlord, acting reasonably, on the basis of then current established principles of assessment used by the relevant assessing authorities.
Share of Operating Costs. If Landlord grants its consent to any sublease or assignment, Tenant shall pay all of the attorney's fees of Landlord incurred with respect to such assignment or sublease. In addition, if Tenant has any options to extend the term of this Lease Agreement, such options shall not be available to any subtenant or assignee, directly or indirectly. Tenant shall at Tenant's own cost and expense, discharge in full any outstanding commission obligation on the part of Landlord with respect to this Lease Agreement, and any commissions that may be due and owing as a result of any proposed assignment or subletting, whether or not the Premises are recaptured pursuant hereto and rented by Landlord to the proposed tenant or any other tenant. Except that Tenant shall have the right upon prior written notice to Landlord, without the consent of Landlord, to sublet the Premises in whole or in part or assign this Lease to a "Related Entity" defined herein to mean any parent, subsidiary or affiliated company or concern of Tenant or such other entity in which Tenant or its principals owns greater than 50% of the capital stock equity of such other entity or to a corporation or concern into which or with which Tenant may be merged or consolidated or to a corporation or concern acquiring all or substantially all the assets of Tenant.
