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 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 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.
Examples of Controllable Operating Expenses in a sentence
For the avoidance of doubt, the first annual 5% increase shall be calculated using the actual amount of Controllable Operating Expenses incurred during the Controllable Operating Expense Base Year.
Notwithstanding anything to the contrary contained in Section 5 of the Lease, commencing on January 1, 2027, the fourth paragraph of Section 5 of the original Lease shall be deleted in its entirety and shall be replaced with the following: “From and after the expiration of the Controllable Operating Expense Base Year (i.e., January 1, 2027), that part of Operating Expenses which is comprised of Controllable Operating Expenses (as defined below) shall be increased by no more than 5% per year.
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 Operating Expenses other than Uncontrollable Operating Expenses; and
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, 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 Operating Expenses which are within the reasonable control of Landlord; thus, excluding taxes, insurance, utilities, and costs incurred to comply with governmental requirements, security, management fees, and any other costs beyond the reasonable control of Landlord.
Controllable Operating Expenses means all costs and expenses incurred by Landlord in the ownership, maintenance and operation of the Project, as described and provided for in this Paragraph 6, except Taxes, insurance, premiums and utility costs. Controllable Operating Expenses shall be determined on an aggregate basis and not on an individual basis.