Controllable Operating Expenses means all Operating Expenses except property taxes and assessments, capital expenditures that are reasonably required, costs for repairs and maintenance (excluding preventative maintenance), utility charges, insurance charges, costs of services provided under a union contract, payments under covenants, conditions and restrictions or to an owners’ association and costs associated with repairs due to casualty, vandalism or other cause outside of Landlord’s reasonable control.
Controllable Operating Expenses means all Operating Expenses other than Non-Controllable Operating Expenses.
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.
Examples of Controllable Operating Expenses in a sentence
Xxxxxxxx agrees that in calculating Tenant’s Share of Expenses pursuant to this Article 3, Controllable Operating Expenses will not increase more than five percent (5%) per year, compounded annually, over the amount of such Controllable Operating Expenses for the Stabilization Year.
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 for the following: (i) taxes, assessments or other similar governmental charges, (ii) insurance, (iii) utilities, (iv) costs of snow and ice removal, and (v) costs incurred to comply with laws and government regulations so long as the violation did not exist on the Delivery Date.
Controllable Operating Expenses means all Operating Expenses except utility costs, Taxes and insurance premiums.
Controllable Operating Expenses shall be defined as any Landlord’s Operating Expenses (exclusive of the management fee which shall be governed separately by the rate cap set forth in Section 7.4 above) which are within the reasonable control of Landlord, but Controllable Operating Expenses shall not include any costs (“Uncontrollable Expenses”) which are not within the reasonable control of Landlord, including, without limitation, the following items shall be deemed to be Uncontrollable Expenses: (i) premiums for insurance, (ii) union related labor costs (or the cost of contracts dependent or partially dependent on union related labor costs), (iii) snow plowing, (iv) security, (v) Permitted Capital Expenditures, (vi) water, sewer, electric, gas, oil, steam and other utility or regulatory charges, (vii) costs of removal of trash and recycling from the Premises; (viii) the Declaration Common Expenses, provided, however, any Declaration Common Expenses which would have constituted Controllable Operating Expenses if the expense item had been performed or provided by Landlord will constitute a Controllable Operating Expense for purposes of this Section 7.5(C); and (ix) costs to perform repairs, maintenance and janitorial services to the Outdoor Terrace Area, the Rooftop Terrace and the Fitness Facilities (and any other specialty use areas requested by Tenant) and any of the extra janitorial services set forth on Schedule C-l attached to Exhibit C of this Lease all of which will be billed as “Special Service”, and (viii) the costs for any shuttle services serving the Building and the Complex. In no event shall work orders or similar services or work performed by Landlord at the request of Tenant constitute a Controllable Operating Expense. The “Expense Cap” for each Operating Year during the Term shall be 104% of the total Controllable Operating Expenses for the immediately preceding Operating Year. There shall be no Expense Cap in respect of the first Operating Year of the Lease Term. By way of example only of the foregoing, if the Rent Commencement Date occurs on October 1, 2016, then there shall be no Expense Cap for the period from October 1, 2016 through December 31, 2017 and the Expense Cap will first apply to the Controllable Operating Expenses incurred during the Operating Year commencing on January 1, 2018.
Controllable Operating Expenses means all Operating Expenses, except for insurance premiums, utilities, all taxes including, without limitation, real estate taxes, personal property taxes and other governmental assessments and impositions, snow removal and non-recurring costs not within Landlord’s reasonable control that are not otherwise excluded from the definition of Operating Expenses. In no event shall there be any annual limit on increases to Tenant’s Proportionate Share of Operating Expenses which are not 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.
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.