Controllable Operating Expenses definition

Controllable Operating Expenses means those Operating Expenses for which increases are reasonably within the control of Landlord, and shall specifically not include, without limitation, Taxes, assessments, the cost of the Project Amenities and the OAS Amenities (including any applicable subsidies), 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 Operating Expenses which are not Controllable Operating Expenses.
Controllable Operating Expenses means all Landlord’s Operating Expenses, the cost of which are within the reasonable control of Landlord. “Controllable Operating Expenses” shall exclude, without limitation: management fees, premiums for insurance, union related labor costs (or the cost of contracts dependent on union related labor costs), snow removal costs, security costs, Permitted Capital Expenditures, costs of water, sewer, electric, gas, oil or steam and other utility or regulatory charges and expenses which are caused by reason of changes in law. In the event that, with respect to any calendar year during the Term, the amount of Controllable Operating Expenses exceeds 105% of the limit on Controllable Operating Expenses for the preceding calendar year (pro-rated for any fraction of a calendar year), calculated as provided above, then such excess may be added to and included within Controllable Operating Expenses for any subsequent calendar year or fraction thereof during the Term in which 105% of the limit on Controllable Operating Expenses for the preceding calendar year exceeds the amount of Controllable Operating Expenses for such calendar year (pro-rated for any fraction of a calendar year), for as long as and to the extent necessary to allow Landlord to recover Landlord’s Operating Expenses excluded pursuant to the foregoing provisions of this Section 2.6. Notwithstanding anything contained herein to the contrary, Landlord hereby agrees that over the course of the Lease Term it will not collect more than one hundred percent (100%) of Landlord’s Operating Expenses allocable to such time period.
Controllable Operating Expenses means all Operating Expenses, excluding the following: (i) utility charges, (ii) the cost of union labor, including payroll and benefits, which shall include labor which is not union as of the Effective Date, but which unionizes after the Lease, (iii) market-wide labor-rate increases due to extraordinary circumstances, including without limitation, boycotts and strikes, (iv) costs incurred due to an event of "Force Majeure," as that term is defined in Section 29.16 of this Lease and other extraordinary weather-related costs (such as those resulting from infestation, storms, drought and other severe weather), (v) Landlord's insurance costs and deductibles thereunder, (vi) costs relating to compliance with governmentally mandated transportation management programs, (vii) costs relating to the operation of the Shuttle Service (as that term is defined in Section 29.34 below), (viii) costs incurred to comply with governmental requirements and Applicable Laws, (ix) amortized costs of capital expenditures, (x) any costs incurred specifically at the request of Tenant and not expressly required to be incurred by Landlord pursuant to this Lease, (xi) Tax Expenses, and (xii) any other costs that are not reasonably within Landlord's control.

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).

  • 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.

  • Tenant is responsible for its Pro Rata Share of the Controllable Operating Expenses of the Property through the established Rent in Article 1.


More Definitions of Controllable Operating Expenses

Controllable Operating Expenses means all Operating Expenses other than Uncontrollable Operating Expenses; and
Controllable Operating Expenses means and refer to those Operating Expenses, the prices of which are under the direct control of the Landlord. Controllable Operating Expenses shall not include the cost of on-site utilities and snow removal. Controllable Operating Expenses are subject to the _% Operating Expenses Cap.
Controllable Operating Expenses means all Operating Expenses other than (v) insurance premiums, (w) costs (including capital expenditures) to comply with new or modified Applicable Laws which were enacted or modified after the Execution Date, (x) snow and ice removal, (y) taxes and other amounts described in Section 9.1(a), and electrical and other utility expenses; and (z) extraordinary expenses resulting from Force Majeure; the term “Opex Cap” shall mean $8.56 per Square Foot of Rentable Area; and the term “Controllable Opex Cap” shall mean the actual Controllable Operating Expenses for calendar year 2015 as determined by Landlord, which Controllable Opex Cap shall increase in 2016, and in each calendar year thereafter, by 5% per year. During calendar year 2014 and 2015, Operating Expenses shall not exceed the Opex Cap. Commencing in calendar year 2016, and in each calendar year thereafter, Controllable Operating Expenses shall not exceed the then-applicable Controllable Opex Cap.
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.
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.