Controllable Operating Expenses definition
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 except utility costs, Taxes and insurance premiums.
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
For clarity, Controllable Operating Expenses for the calendar year 2027 will be capped at one hundred and five percent (105%) of the Controllable Operating Expenses for the calendar year 2026, Controllable Operating Expenses for the calendar year 2028 will be capped at one hundred and ten percent (110%) of the Controllable Operating Expenses for the calendar year 2026, and so on throughout the Term and any Renewal Terms.
Landlord hereby agrees that the Controllable Operating Expenses (as defined below) included in Operating Expenses for any calendar year during the term of this Lease after the Base Year will not exceed the Controllable Operating Expenses included in Base Year Operating Expenses plus (for each calendar year after the Base Year) five percent (5%) per annum, on a non-compounded, non-cumulative basis.
More Definitions of 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 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.
Controllable Operating Expenses means all Operating Expenses other than Non-Controllable Operating Expenses.
Controllable Operating Expenses means all Operating Expenses reasonably subject to Landlord’s control but in no event including utilities (such as, without limitation, electricity, natural gas, culinary and landscaping water, sanitary sewer and storm sewer charges), insurance, taxes, snow and ice removal.
Controllable Operating Expenses means all Operating Expenses, excluding (i) utility and fuel costs and expenses, (ii) increases in security costs and expenses, cleaning costs and expenses, trash and debris removal costs and expenses, each to the extent resulting from general market collective bargaining agreements or other union related labor cost increases, (iii) management fees, (iv) costs and expenses of snow and ice removal, and (v) costs and expenses of additional services performed by Landlord at the request of Tenant (i.e., additional services which are in excess of those which Landlord is obligated to provide as expressly set forth in this Lease, such as re-painting walls and replacing carpet).
Controllable Operating Expenses means all Operating Expenses other than taxes, utility costs, insurance costs, costs and expenses incurred in connection with any reciprocal easement agreements, and Permitted Capital Expenditures. Notwithstanding the foregoing, the Controllable Cap shall not apply in the event that Tenant requests that Landlord provide a different level of service with respect to any Controllable Operating Expense.