Definition of Tenant's Operating Share


Tenant's Operating Share means 3.16% (calculated by dividing (i) the rentable square foot area of the 8th Floor Premises (which the parties agree shall be conclusively deemed to be 43,304) by (ii) the rentable square foot area of the Building (not including the ground floor or any below ground floor space) which the parties conclusively agree shall be deemed to be 1,371,735) The Tenant's Operating Share shall not be subject to modification or dispute. (g) For each Operating Year, including the Operating Year in which the Commencement Date occurs, Tenant shall pay (each, an "Operating Payment") Tenant's Operating Share of the amount, if any, by which Operating Expenses for such Operating Year exceed the Base Operating Amount. (h) If during all or part of any year, including the Base Operating Year, (i) less than ninety-five percent (95%) of the leasable space in the Building is occupied by tenants or occupants or (ii) Landlord shall furnish any particular item(s) of work or service (which would constitute an Operating Expense hereunder) to less than ninety-five percent (95%) of the leasable portions of the Building or to only a portion of the Property, due to the fact that less than ninety-five percent (95%) of the leasable portions of the Building are occupied, or because such item of work or service is not required or desired by the tenant of such portion, or such tenant is itself obtaining and providing such item of work or service, or for other reasons, then, for the purposes of computing the Additional Charges payable hereunder, the amount of Operating Expenses or the amount of the expenses attributable to such item, as the case may be, for such period shall be deemed to be increased by an amount equal to the additional costs and expenses which would reasonably have been incurred during such period had the Building been at least ninety-five percent (95%) occupied or had Landlord furnished such item of work or services to such other portions of the Building or the Property, Notwithstanding the foregoing, if during the Base Operating Year more than ninety-five percent (95%) of the Building's rentable space was occupied then the reference to "ninety-five percent (95%)" contained in the preceding sentence shall instead be modified to be the actual percentage of the Building's rentable space so occupied during the Base Operating Year.


Tenant's Operating Share means 4.096%.
Sample 1

Examples of Tenant's Operating Share in a sentence

Upon such partial taking and this lease continuing in force as to any part of the Premises, the Fixed Rent, Tenant's Tax Share and Tenant's Operating Share shall be reduced and the Base Tax Amount and Base Operating Amount shall be adjusted, all in the proportion that the area of the Premises taken bears to the total area of the Premises.
If, for any Operating Year, Tenant's Operating Share shall not remain a constant percentage throughout the entirety of such Operating Year, then Tenant's Operating Share for such Operating Year shall be that percentage which represents the weighted average (computed on a per diem basis) of all the percentages constituting Tenant's Operating Share during such Operating Year.
In the event that Tenant elects to use a portion of the storage area for office premises as provided herein, then (1) the Fixed Rent set forth on Exhibit B shall be increased in each Rental Period by the product of (a) the number of square feet of the storage area to be used for office purposes, and (b) $10.00 - 14 - per square foot, and (2) Tenant's Operating Share and Tenant's Tax Share shall be appropriately adjusted.
If the Rentable Area of the Demised Premises should change (e.g. by Tenant leasing additional space in the Project) and/or if the rentable area of the Project or the Building should change, then Tenant's Operating Share and/or Tenant's Tax Share and/or Total Costs for the Base Year shall be recalculated equitably.
In the event that Tenant leases other space in the Building from Landlord as provided in Article 39 hereof, or the rentable square feet in the Premises is reduced pursuant to any of the provisions of this Lease, Tenant's Operating Share and Tenant's Tax Share shall be adjusted in accordance with the rentable square feet so affected.