Controllable Operating Expenses means those Project Operating Expenses for which increases are reasonably within the control of Landlord, and shall specifically not include, without limitation, Taxes, assessments, refuse and or trash removal, insurance, collectively bargained union wages, electricity and other utilities. There shall be no limitation on the amount of increase from year to year on Project Operating Expenses which are not Controllable Operating Expenses.
Controllable Operating Expenses means all Operating Expenses except: sales, use and any other taxes, cost of insurance, costs of procuring and providing utility services, snow removal costs, landscaping costs, union labor costs (to the extent controlled by a collective bargaining agreement), costs associated with procuring permits and licenses, and costs of complying with all governmental laws and regulations.
Controllable Operating Expenses means all Operating Expenses except for the following: (i) license and permit fees of any nature; (ii) utility company charges; (iii) insurance premiums; (iv) the cost to remove snow and ice; (v) increased labor costs due to the requirement for use of labor subject to collective bargaining, which requirement was not in effect as of the Lease Commencement Date; (vi) costs of compliance with governmental requirements; and (vii) contractually mandated increases in costs.
Examples of Controllable Operating Expenses in a sentence
Controllable Operating Expenses: Tenant shall pay its proportionate share of all controllable Operating Expenses in excess of a Base amount of $6.05* per RSF subject to the 4% cap on increases described in clause (3) below.
Controllable Operating Expenses shall be determined on an aggregate basis and not on an individual basis, and the cap on Controllable Operating Expenses shall be determined on Operating Expenses as they have been adjusted for vacancy or usage pursuant to the terms of the Lease.
The Controllable Operating Expenses (as hereinafter defined) which may be passed through to Tenant under this Section 4 shall not increase in any year by an amount which exceeds five percent (5%) of such Controllable Operating Expenses for the immediately preceding year (as measured on a cumulative and compounded basis).
Tenant is responsible for its Pro Rata Share of the Controllable Operating Expenses of the Property through the established Rent in Article 1.
As used herein, the “Controllable Operating Expense Cap” shall be an amount equal to the amount of the Controllable Operating Expenses for the Project during the calendar year 2021, which cap amount shall be annually increased by five percent (5%) on each January 1 thereafter.
More Definitions of Controllable Operating Expenses
Controllable Operating Expenses means all items of Operating Expenses within the reasonable control of Landlord, thus excluding Real Property Taxes, insurance, utilities, snow removal costs, and costs incurred to comply with governmental requirements.
Controllable Operating Expenses means all Operating Expenses except utility costs, Taxes and insurance premiums.
Controllable Operating Expenses means all Operating Expenses other than Uncontrollable Operating Expenses; and
Controllable Operating Expenses means the items of Operating Expenses for payroll, cleaning, and service contracts for the Property, including electrical, HVAC, elevator, janitorial, life/safety and landscaping contracts.
Controllable Operating Expenses means all Operating Expenses other than real estate taxes, utilities, janitorial services, security services, insurance, and all other expenses that Landlord has no power to regulate. During the Lease Term, Landlord’s books and records pertaining to the calculation of Operating Expenses for the two (2) immediately preceding calendar years may be audited by a certified public accountant not retained by Tenant or Landlord for other accounting, tax or other consulting work (which accountant shall not be compensated in whole or in part on a contingency basis) at Tenant’s expense, at any time within twelve (12) months after Tenant’s receipt of Landlord’s Annual Statement; provided that Tenant shall give Landlord not less than thirty (30) days prior written notice of any such audit. Tenant’s audit of Landlord's books and records relating to the two (2) immediately preceding calendar years’ Operating Expenses shall occur at a mutually convenient time during reasonable business hours at Landlord's office where Landlord’s books and records are maintained. Tenant agrees to provide to Landlord copies of any and all reports, summaries, conclusions, and other results of such audit within ten (10) days following Tenant’s receipt thereof. If Landlord’s calculation of Tenant’s Additional Rental for the audited calendar year was incorrect, then Tenant shall be entitled (i) to a prompt refund of such overpayment, and (ii) the cost of Tenant’s reasonable audit fees if the corrected Tenant’s Additional Rental is less than 95% of Landlord’s calculation of Tenant’s Additional Rental; or Tenant shall promptly pay to Landlord the amount of any underpayment, as the case may be. Tenant and the accountant shall keep the results of any such audit confidential as to all parties other than Landlord, and shall enter into a written confidentiality agreement prior to conducting such audit. EXHIBIT A [THE XXXXX AND MINOR LAND] EXHIBIT B [PROJECT PLANS] EXHIBIT C-1 [PRELIMINARY PROJECT OUTLINE SPECIFICATIONS] EXHIBIT C-2 Base Building vs. Tenant Improvements General Note (applies to all sections of this Exhibit), wherever possible the Tenant’s Interior Improvements will be constructed along with the Base Building Construction in order to minimize or eliminate the cost of rework. For example the fire sprinkler work will be installed in accordance with the then approved tenant layout. In this example the Tenant pays for added sprinkler heads only as costs to relocate sprinkler heads has been ...
Controllable Operating Expenses means all Operating Expenses other than Taxes, insurance premiums, utility charges, snow and ice removal charges and other Operating Expenses outside the reasonable control of LESSOR; and (b) “Non-Controllable Operating Expenses” shall mean all Operating Expenses, other than Controllable Operating Expenses.
Controllable Operating Expenses means all items of Operating Expenses which are within the reasonable control of Landlord; thus, excluding Real Property Taxes, insurance, utilities, and other costs beyond the reasonable control of Landlord. The limit on the increases in Controllable Operating Expenses shall continue during any renewal or extended Term, using the year 2000 as the base year to calculate the applicable limit.