Non-Controllable Operating Expenses means all Operating Expenses, other than Controllable Operating Expenses.
Non-Controllable Operating Expenses means all Operating Expenses other than Controllable Operating Expenses. There is no cap on Non-Controllable Operating Expenses.
Non-Controllable Operating Expenses means insurance premiums, real estate taxes, costs of snow and ice removal, and utilities rates.
Examples of Non-Controllable Operating Expenses in a sentence
For the avoidance of doubt, there is no cap on Tenant’s obligation to pay Operating Expenses which are Non-Controllable Operating Expenses.
The Base Year Operating Expenses for "Lessor's Non-Controllable Operating Expenses", as defined below, shall be 1996.
For purposes of calculating Operating Expenses, the aggregate Operating Expenses (exclusive of Non-Controllable Operating Expenses as defined below) for a calendar year shall not increase by more than eight percent (8%) on a cumulative basis per year from 10 the greater of (i) $35,350.00 or (ii) the actual costs for Controllable Items for calendar year 2004..
Non-Controllable Operating Expenses are those components of Operating Expenses that are not Controllable.
There shall be no cap on that portion of Tenant's Proportionate Share attributable to Non-Controllable Operating Expenses.
More Definitions of Non-Controllable Operating Expenses
Non-Controllable Operating Expenses taxes, insurance, and utilities, costs to Landlord resulting from uninsured casualty, repair or replacement (for greater certainty, casualty, repair or replacement which would be covered by insurance required to be maintained by landlord are not to be included in Operating Expenses); costs of security for the Center; costs of snow removal, trash removal; and any increases in costs resulting from government-mandated wage increases. Non-Controllable Operating Expenses that in aggregate or cumulatively, exceeds 3%, Landlord shall notify Tenant of increase. If Xxxxxx believes that any Operating Statement includes charges that are not permitted pursuant to this Lease or contains an error, in calculation or otherwise, then within one hundred eighty (180) days after receipt of such statement, Tenant may provide Landlord with a written statement requesting to audit Xxxxxxxx's books and records with respect to Operating Expenses.
Non-Controllable Operating Expenses means utility costs, snow and ice removal expenses, insurance premiums, trash removal expenses, other items the unit cost and quantity requirements of which are not susceptible to pre-negotiation by Landlord, or which are otherwise not reasonably controllable by Landlord (such as, but not limited to, increases in the minimum wage which may affect the cost of service contracts), and contracts or services which are the subject of collective bargaining agreements or which are performed by persons subject to collective bargaining agreements and the amortized costs of Capital Expenditures.
Non-Controllable Operating Expenses means utility charges, insurance premiums and expenses resulting directly from governmental action so long as they otherwise qualify as Operating Expenses. Upon request, Landlord agrees to furnish Tenant reasonably suitable documentary evidence of any increases included in Non-Controllable Operating Expenses. There shall be no limitation on increases in Tenant’s Share of Non-Controllable Operating Expenses and there shall be no automatic or minimum increases in Non-Controllable Operating Expenses. The following examples will serve to illustrate the meaning of the word “cumulative” as applied to capped increases on Controllable Operating Expenses or “XXX”: suppose calendar year 2005 XXX increases over Base Year 2004 XXX were 2.5%, calendar year 2006 XXX increases over Base Year 2004 XXX were 3.5% and calendar year 2007 XXX increases over Base Year 2004 XXX were 6.5% and calendar year 2008 XXX increases over Base Year 2004 XXX were 3.75%. Since actual XXX increases in 2005 and 2006 would be below the four percent (4%) cap, Tenant would be responsible only for actual increases but the cumulative differences between the cap and actual increases would be two percent (2%) (1-1/2% in 2005 and .5% in 2006). Landlord could add the two percent (2%) cumulative differences to the four percent (4%) cap in 2007 so Tenant’s Share of XXX increases in that calendar year would be capped at six percent (6%). In 2008, Tenant would be responsible only for actual increases (amounting to 3.75%) and Landlord would be entitled to carry forward the difference between the cap and actual of .25% to a subsequent Comparison Year.
Non-Controllable Operating Expenses means real estate taxes, utilities, costs for snow and ice removal, property insurance premiums, and the costs incurred by reason of Legal Requirements enacted after the Lease Commencement Date that materially affect the amount of the Operating Expenses. Within 90 days after the end of each calendar year (or such longer period as may be reasonably required), Landlord shall furnish to Tenant a statement (an “Annual Statement”) showing in reasonable detail: (a) the total and Tenant’s Share of actual Operating Expenses for the previous calendar year, and (b) the total of Tenant’s payments in respect of Operating Expenses for such year. If Tenant’s Share of actual Operating Expenses for such year exceeds Tenant’s payments of Operating Expenses for such year, the excess shall be due and payable by Tenant as Rent within 30 days after delivery of such Annual Statement to Tenant. If Tenant’s payments of Operating Expenses for such year exceed Tenant’s Share of actual Operating Expenses for such year Landlord shall pay the excess to Tenant within 30 days after delivery of such Annual Statement, except that after the expiration, or earlier termination of the Term or if Tenant is delinquent in its obligation to pay Rent, Landlord shall pay the excess to Tenant after deducting all other amounts due Landlord. The Annual Statement shall be final and binding upon Tenant unless Tenant, within 90 days after Tenant’s receipt thereof, shall contest any item therein by giving written notice to Landlord, specifying each item contested and the reason therefor. If, during such 90 day period, Tenant in good faith questions or contests the accuracy of Landlord’s statement of Tenant’s Share of Operating Expenses, Landlord will provide Tenant with access to Landlord’s books and records relating to the operation of the Project and such information as Landlord reasonably determines to be responsive to Tenant’s questions (“Expense Information”). If after Tenant’s review of such Expense Information, Landlord and Tenant cannot agree upon the amount of Tenant’s Share of Operating Expenses, then Tenant shall have the right to have an independent public accounting firm selected by Tenant from among the 5 largest in the United States, working pursuant to a fee arrangement other than a contingent fee (at Tenant’s sole cost and expense), audit and/or review the Expense Information for the year in question (“Independent Review”). The results of any such Independent Review shall be binding on La...
Non-Controllable Operating Expenses means the cost of insurance and utilities, and the cost, net of insurance recoveries, of repairs and restoration due to hurricanes and other extreme weather-related causes, provided that (i) Landlord shall endeavor to minimize the possibility of any shortfall by using commercially reasonable efforts to adequately insure the Building, and (ii) Landlord shall maintain commercially reasonable deductible limits consistent with the practice of other landlords of similar properties in south Florida. As an example, if the Controllable Operating Expenses in Year 1 of the Lease are $100 and Controllable Operating Expenses for Year 2 are $109, then only $105 may be taken into account in determining Tenant’s Prorata Share of Controllable Operating Expenses for Year 2, and the Controllable Operating Expense Cap for Year 3 is $110.25 (105% times the $105 of Controllable Operating Expenses taken into account in calculating Tenant’s Prorata Share for Year 2).
Non-Controllable Operating Expenses means utility costs, snow and ice removal expenses, insurance premiums, trash removal expenses, other items the unit cost and quantity requirements of which are not susceptible to pre-negotiation by Landlord, or which are otherwise not reasonably controllable by Landlord (such as, but not limited to, increases in the minimum wage which may affect the cost of service contracts).
Non-Controllable Operating Expenses means insurance costs, janitorial service, security, tax expenses and assessments, utilities and snow and ice removal; provided, however, Non-Controllable Operating Expenses many include similar non-controllable expenses for which the cost cannot be controlled, as reasonably determined by Landlord, if such expenses were not Operating Expenses in the calendar year 2019. Notwithstanding anything to the contrary set forth in this Section 2.3(c) above or otherwise in this Lease, any delay or failure of Landlord in billing any Actual Operating Expenses shall not constitute a waiver of, and does not impair the continuing obligation of Tenant to pay, Tenant’s proportionate share of such Actual Operating Expenses; provided that, Tenant shall not be required to pay any Actual Operating Expense for any calendar year if Tenant has not been billed for such expense within five hundred forty (540) days following the end of such calendar year to which the expense applies; provided that, bills for ad valorem taxes may be submitted for payment up to two (2) years following the end of such calendar year.