Controllable Expense definition
Examples of Controllable Expense in a sentence
For the purpose of calculating the Operating Expenses, no Controllable Expense will increase more than five percent (5%) over the charge paid by Tenant the previous Lease Year.
Landlord shall supply the Leased Premises with trash and recycling services, janitorial services on a 5-day a week basis (or as otherwise agreed to by Landlord and Tenant) as is customary for similar Buildings which costs shall be included in Operating Costs in accordance with the terms of Section 5.03(c) and shall not be a Controllable Expense.
In the event that the increase in a Controllable Expense is more than 3% for any one year, Lessor shall be entitled to carry over the amount in excess of 3% to any future year in the Lease term in which that Controllable Expense has less than a 3% increase.
Commencing as of January 1, 2029, in no event shall the amount of Controllable Operating Expenses (as hereinafter defined) included in Operating Expenses for any Lease Year exceed the Controllable Expense Cap (as hereinafter defined) for such Lease Year.
Notwithstanding the foregoing, increases in each individual Controllable Expense shall be limited to a maximum upward adjustment of three percent (3%) per year.
The “Controllable Expense Cap” for each calendar after 2012 shall be one hundred three (103%) percent of the Controllable Expense Cap for the immediately preceding calendar year (as the same may be adjusted pursuant to Section 3.2.3).
For purposes of calculating Tenant’s Percentage of Operating Costs, in no event shall the amount of Controllable Expenses included in Operating Costs for any calendar year exceed the Controllable Expense Cap for such calendar year.
It is the intention of this provision that the Cap provided with respect to Controllable Expense be a “cumulative cap”.
As used herein, “ongoing basis” means that, if actual Controllable Expenses increase by more than the Controllable Expense Cap amount for any given year, Landlord may carry over to the following years any such amounts by which actual Controllable Expenses exceeded the Controllable Expense Cap in such prior year(s), but only to the extent that they do not cause an exceedance of the Controllable Expense Cap in any of the following years.
If, pursuant to the provisions of this paragraph, any portion of Controllable Expenses is excluded from Operating Costs in a calendar year, such amount shall accrue and shall be included in Operating Costs (as Controllable Expenses) with respect to the next following calendar year, subject to the Controllable Expense Cap for such calendar year.