TENANT'S SHARE OF OPERATING COSTS. In addition to the Rent to be paid by Tenant, Tenant shall pay to Landlord its proportionate share (determined by its portion of the total rented area on a per rentable square foot basis) of the amount by which "Operating Costs (as hereinafter defined) for any calendar year or part thereof during the term of this Lease, exceed the Operating Costs for the Base Operating Year specified in Section 1.2 (prorated for less than a full year). Payments by Tenant on account of Tenant's share of such excess shall be made monthly and at the time and in the fashion herein provided for the payment of Rent. The amount so to be paid to Landlord shall be an amount from time to time estimated by Landlord to be sufficient to provide Landlord, in the aggregate, a sum equal to Tenant's share of such excess for each calendar year during the Term of this Lease. Promptly after the end of each calendar year during the Term of this Lease, Landlord shall submit to Tenant an accounting of costs for such calendar year, and Landlord shall certify to the substantial accuracy thereof. If payments theretofore made for such calendar year by Tenant exceed Tenant's share of Operating Costs according to such statement, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant; but, if the Tenant's share of Operating Costs is greater than payments theretofore made on account for such period, Tenant shall make suitable payment to Landlord within ten (10) days after being so advised by Landlord. Landlord shall have the same rights and remedies for the non-payment by Tenant of any amounts due on account of such Operating Costs as Landlord has hereunder for the failure of Tenant to pay the Rent. Payments by the Tenant to the Landlord on account of such Operating Costs shall not be considered as being held in trust, in escrow, or the like, by the Landlord; it being the express intent of the Landlord and the Tenant that the Tenant shall in no event be entitled to receive interest upon, or any payments on account of earnings or profits derived from, such payments by the Tenant to the Landlord.
TENANT'S SHARE OF OPERATING COSTS. 5.1 In addition to Base Rent, Tenant shall pay Tenant's percentage share as specified in paragraph 5.2 (f) of the "Building Operating Costs" (as hereinafter defined), paid or incurred by Landlord in such year in excess of the Building Operating Cost for the Base Year ("Operating Expenses Rent") which shall be the calendar year ending December 31, 2000.
TENANT'S SHARE OF OPERATING COSTS. Tenant shall pay to Landlord, as additional rent, in the manner provided in Section 4.2(d), Tenant's Share of "Building Operating Costs" which shall include the Building's share of "Project Operating Costs" incurred by Landlord in any Lease Year. "Building Operating Costs" means Operating Costs incurred by Landlord in connection with maintaining, managing, operating, repairing and administering the Building, and any Project Operating Costs which are allocated to Landlord with respect to the
TENANT'S SHARE OF OPERATING COSTS. If, in any calendar year of the term of this Lease after the Operating Expense Base year, Landlord’s Operating Costs exceed the Operating Expense Base, as it relates to all other charges with the exception of snow removal, which shall be an amount equal to the average of Landlord’s actual snow removal cost over the five (5) year period, ending on December 31, 2009 (the amount of such excess, the “Operating Cost Excess”), Tenant shall after notice as hereinafter provided, pay to Landlord as additional rent, an amount equal to the product of (a) such Operating Cost Excess multiplied by (b) the fraction set forth in the definition of “Tenant’s Proportionate Share” in Section 1.2, (Basic Data), of this Lease.
TENANT'S SHARE OF OPERATING COSTS. Paragraph 5 is amended to read:
TENANT'S 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 Rent Commencement Date and on the first (1st) day of each calendar month thereafter, an amount equal to Tenant’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.
TENANT'S SHARE OF OPERATING COSTS. In the event such determination results in an increase in Operating Costs per annum over the Operating Cost Base, Tenant shall pay as additional rent an amount which shall be equal to that figure obtained by multiplying such increase in Operating Costs by the Operating Escalation Factor. The procedure for payment of such additional rent shall be as follows:
TENANT'S SHARE OF OPERATING COSTS. A. Commencing on the Term Commencement Date, for each Operating Year, Tenant shall pay to Landlord, in the manner provided herein, an amount (such amount, “Tenant’s Share of Operating Costs”) equal to Tenant’s Operating Cost Proportionate Share times the Operating Costs for such Operating Year, provided, however, that for the Operating Years during which the Term begins and ends, Tenant’s Share of Operating Costs shall be prorated based upon the actual number of days of the Term during each such Operating Year.
TENANT'S SHARE OF OPERATING COSTS. Effective upon the Expansion Date, Tenant shall become liable for the payment of Tenant’s Share of Operating Costs attributable to the Expansion Premises, which shall be calculated and assessed as provided in the Lease, except that, for purposes of determining the amount owed by Tenant as Tenant’s Share of Operating Costs attributable to the Expansion Premises, the term “Initial Operating Costs” shall mean the actual Operating Costs for the calendar year 2011 (the “Base Year”), adjusted as provided in the Lease.
TENANT'S SHARE OF OPERATING COSTS. From and after the Expansion Date and continuing through the Extension Term, , Section 1L of the Lease is hereby amended to increase Tenant’s share of the total leasable area of Tri-Pointe Plaza from 4.04% to 7.09% and this percentage shall be used to calculate Tenant’s share of any increase in Operating Costs, Utility Costs and Taxes over Tenant’s Base Year.
