Operating Expenses and Taxes Sample Clauses

Operating Expenses and Taxes. Lessee and Lessor acknowledge and agree that commencing with the Second Extended Lease Term and continuing with any Extended Lease Term validly exercised thereafter, (x) the Lease provisions relating to payment of Taxes and Operating Expenses shall be converted from a Base Year computation to a straight net basis computation, and (y) Lessee shall be assuming the obligation of maintenance and repair described in Paragraph 11 below. In connection with the conversion from a Base Year to a net lease and Lessee’s assumption of the maintenance and repair obligations described in Paragraph 11 below, Lessee and Lessor wish to modify the terms and provisions of the Lease relating to Operating Expenses to account for such modifications and Lessee’s assumption of such obligations. In connection with the foregoing, Lessee and Lessor hereby acknowledge and agree that commencing on January 1, 2013, (i) the MOU shall have no further force or effect with respect to all periods from and after January 1, 2013 (the MOU shall remain in effect with respect to periods on or before December 31, 2012, except as modified by Xxxxxxxxxx 00 xxx 00 xxxxx), (xx) notwithstanding anything to the contrary contained in the Lease, Lessee’s obligations with respect to the payment of Lessee’s Percentage of Taxes and Lessee’s Percentage of Operating Expenses shall be computed without reference to a Base Year, with the effect that Lessee’s obligation for payment of Taxes during any Tax Year shall be payment of Lessee’s Percentage of the Taxes incurred with respect to such Tax Year and Lessee’s obligation for payment of Operating Expenses during any Lease Year for Operating Expenses shall be payment of Lessee’s Percentage of the Operating Expenses incurred with respect to such Lease Year for Operating Expenses, and (iii) Article 5 of the Original Lease shall be deleted in its entirety with respect to all periods from and after January 1, 2013 and replaced with the provisions of this Paragraph 10.
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Operating Expenses and Taxes. (Base Year)
Operating Expenses and Taxes. 15.1 The Tenant will promptly pay the Tenant’s Taxes as they become due and shall pay goods and services taxes applicable to Rent and Additional Rent when due.
Operating Expenses and Taxes. Section 4.1 TENANT'S PARTICIPATION IN OPERATING EXPENSES AND TAXES...............................5 Section 4.2
Operating Expenses and Taxes. (a) Definitions of Operating Expenses and Taxes. “Operating Expenses,” as used herein, shall mean all reasonable expenses, costs and disbursements of every kind and nature relating to or incurred or paid during any Operating Period in connection with the ownership, operation, repair and maintenance of the Project, including, but not limited to, wages and salaries of all employees engaged in the operation, maintenance or security of the Project, whether billed directly or through a common or master association, including taxes, insurance and benefits relating thereto; the cost of all labor, supplies, equipment, materials and tools used in the operation and maintenance of the Project; management fees; the cost of all legal and accounting expenses incurred in connection with the management and operation of the Project; the cost of all utilities for the Project, including, but not limited to, the cost of HVAC, water, sewer, waste disposal, gas, and electricity; the cost of all maintenance and service agreements for the Project, including but not limited to, security service, window cleaning, elevator maintenance and janitorial service; the cost of all insurance relating to the Project and Landlord’s personal property used in connection therewith, plus the cost of all commercially reasonable deductible payments made by Landlord in connection therewith; the cost of all license and permit fees; the cost of repairs, replacements, refurbishing, restoration and general maintenance; a reasonable amortization charge on account of any capital expenditure incurred in an effort (i) to comply with any Laws enacted after the Commencement Date, or (ii) to reduce the Operating Expenses of the Project (limited to the anticipated savings to be derived from said capital expenditure); costs billed to the Building, Project or Landlord through a declaration or any cross-easement agreement which encumbers the Project, or any declaration of condominium or other like instrument that encumbers any or all of the improvements on the Project; costs or assessments required to be paid by Landlord in connection with any community improvement district; and, all other items constituting operating and maintenance costs in connection with the Project according to generally accepted accounting principles (“GAAP”); the cost of insurance endorsements in order to repair, replace and re-commission the Building for re-certification after any loss pursuant to the U.S. EPA’s ENERGY STAR® rating and/or ...
Operating Expenses and Taxes. From and after the Sublease Commencement Date, Subtenant shall pay to Sublandlord as additional rent for this subletting an amount equal to Tenant’s Share of (a) the amount, if any, by which Operating Expenses for an Expense Year exceeds Operating Expenses for the Sublease Base Year (“Sublease Expense Excess”) and (b) the amount, if any, by which Tax Expenses for an Expense Year exceeds Tax Expenses for the Sublease Base Year (the “Sublease Tax Excess”). “Sublease Base Year” shall mean the calendar year 2006. Sublandlord shall provide Subtenant copies of any good faith estimates of Sublandlord’s Expense Excess and Tax Excess received by Sublandlord under the Master Lease during the Term hereof. For each Expense Year during the Term hereof, Sublandlord may estimate and notify Subtenant of the amount of Subtenant’s Sublease Expense Excess and Sublease Tax Excess due for such year, and Subtenant shall pay Sublandlord one-twelfth of such estimate on the first day of each month during such year. Such estimate may be revised by Sublandlord whenever it obtains information relevant to making such estimate more accurate. After the end of each Expense Year, after receiving the Statement from Landlord, Sublandlord shall deliver to Subtenant a copy of the Statement and a report setting forth the actual Sublease Expense Excess and Sublease Tax Excess incurred or accrued during such Expense Year and a statement of the amount of Sublease Expense Excess and Sublease Tax Excess that Subtenant paid for such year. Within twenty (20) days after receipt of such report, Subtenant shall pay to Sublandlord the amount of Sublease Expense Excess and Sublease Tax Excess due for such Expense Year minus any payments of Sublease Expense Excess and Sublease Tax Excess, respectively, made by Subtenant for such year. If Subtenant’s estimated payments of Sublease Expense Excess and Sublease Tax Excess, respectively, exceed the amount due Sublandlord for such Expense Year, Sublandlord shall apply such excess as a credit against Subtenant’s other obligations under this Sublease, or, if the Term hereof has already expired, Sublandlord shall promptly refund such excess to Subtenant, provided Subtenant was not then in default hereunder upon such expiration, in either case without interest to Subtenant. If Sublandlord disputes the correctness of any Statement issued by Landlord and if such dispute is resolved in Sublandlord’s favor such that Sublandlord receives a refund or credit of Expense Exc...
Operating Expenses and Taxes. As a distinct Premises Component, the provisions of Articles VI and VII shall be applied to the First Expansion Premises separately from other Premises Components, and the level of Base Taxes shall equal Landlord’s Tax Expenses for the then current fiscal tax year as of the First Expansion Premises Commencement Date and Base Operating Expenses shall be equal to Operating Expenses for the Property for the calendar year in which the First Expansion Premises Commencement Date occurs.
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Operating Expenses and Taxes. Article 5 (Rental Adjustment) of the Original Lease shall continue in full force and effect pursuant to its terms throughout the Extended First Floor Term, except that effective as of July 1, 2009, and with respect to the First Floor Space only, (a) the “Base Expenses” (as defined in Article 1(h) of the Original Lease) shall be deemed to mean the 2009 calendar year and (b) the “Base Taxes” (as defined in Article 1(i) of the Original Lease) shall mean the Taxes for the 2009 calendar year. Tenant shall continue to be liable for additional rent and escalations payable for the 2nd through 5th floors of the Building pursuant to the existing terms, conditions, and provisions set forth in the Lease.
Operating Expenses and Taxes. 14.1 The Lessee will promptly pay the Lessee's Taxes as they become due.
Operating Expenses and Taxes. 4 5.1 General 4 5.2 Estimated Payments 5 5.3 Annual Settlement 5 5.4 Final Proration 6 5.5 Occupancy Variance 6 5.6 Other Taxes 6 5.7 Additional Rent 6 ARTICLE 6. INSURANCE 6 6.1 Landlord’s Insurance 6 6.2 Tenant’s Insurance 7 6.3 Forms of Policies 7 6.4 Waiver of Claims and Subrogation 8 6.5 Adequacy of Coverage 8 6.6 Certain Insurance Risks 8 ARTICLE 7. USE 8 ARTICLE 8. COMPLIANCE WITH LAWS 8 ARTICLE 9. HAZARDOUS MATERIALS 9 ARTICLE 10. ASSIGNMENT AND SUBLETTING 9 10.1 General 9 10.2 Recapture 10 10.3 Submission of Information 11 10.4 Payments to Landlord 11 10.5 Deemed Transfers 11 10.6 Permitted Transfer 11 10.7 Condition 11 10.8 Remedies 12 ARTICLE 11. RULES AND REGULATIONS 12 ARTICLE 12. COMMON AREAS 12 ARTICLE 13. LANDLORD’S SERVICES 12 13.1 Landlord’s Repair and Maintenance 12 13.2 Landlord’s Other Services 13 13.3 Tenant’s Costs 14 13.4 Limitation on Liability 14 ARTICLE 14. TENANT’S CARE OF THE PREMISE 14 ARTICLE 15. ALTERATIONS 15 15.1 General 15 15.2 Free-Standing Partitions 15 15.3 Removal 15 15.4 ADA Compliance 16 ARTICLE 16. MECHANICS’ LIENS 16 ARTICLE 17. END OF TERM 16 ARTICLE 18. EMINENT DOMAIN 17 ARTICLE 19. DAMAGE AND DESTRUCTION 17 ARTICLE 20. SUBORDINATION 18 20.1 General 18 ARTICLE 21. ENTRY BY LANDLORD 18 ARTICLE 22. INDEMNIFICATION, WAIVER AND RELEASE 19 22.1 Tenant’s Indemnification 19 22.2 Waiver and Release 19
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