Cap on Controllable Operating Expenses. For the purpose of calculating Tenant’s Proportionate Share of increases in Operating Expenses, “Controllable Operating Expenses” (as hereinafter defined) for the first Comparison Year (i.e., the period from July 1, 2006, through June 30, 2007), and each Comparison Year thereafter, shall not increase by more than the lesser of: (a) the actual increase in Controllable Operating Expenses over the Controllable Operating Expenses for the preceding Comparison Year [or, with respect to the first (1st) Comparison Year, over the Controllable Operating Expenses for the Base Expense Year]; or (b) five percent (5%) over the amount of the Controllable Operating Expenses for the preceding Comparison Year [or, with respect to the first (1st) Comparison Year, over the amount of the Controllable Operating Expenses for the Base Expense Year]. As used herein, the term “Controllable Operating Expenses” means all Operating Expenses other than Taxes, insurance, utilities, management fees, costs subject to government regulation, such as minimum wages, and all costs incurred to comply with new or revised Legal Requirements. By way of illustration of the foregoing, with respect to the Comparison Year covering the period from July 1, 2006, through June 30, 2007, the Controllable Operating Expenses shall not exceed the amount determined by the following formula, when “X” equals the actual amount of the Controllable Operating Expenses for the Base Expense Year: X times 1.05 = maximum amount of Controllable Operating Expenses with respect to the Comparison Year covering the period from July 1, 2006, through June 30, 2007. Thus, if Controllable Operating Expenses for the Base Expense Year are $4.00 per rentable square foot, the maximum amount of Controllable Operating Expenses with respect to the Comparison Year covering the period from July 1, 2006, through June 30, 2007, would be $4.00 x 1.05 = $4.20 per rentable square foot.
Cap on Controllable Operating Expenses. Notwithstanding anything to the contrary contained in this Article 4, the aggregate Controllable Expenses (as hereinafter defined) included in Operating Expenses in any Expense Year after the 2018 Base Year shall not increase by more than five percent (5%) on an annual and compounded basis, over the actual aggregate Controllable Expenses included in Operating Expenses for any preceding Expense Year, but with no such limit on the amount of Controllable Expenses which may be included in the Operating Expenses incurred during the 2018 Base Year. For purposes of this Section 4.3.4, “Controllable Expenses” shall mean all Operating Expenses except: (i) costs of utilities; (ii) any and all assessments, including assessment districts and government-mandated charges with respect to the Building or Real Property, or any part thereof; (iii) insurance carried by Landlord with respect to the Real Property and/or the operation thereof; and (iv)costs of capital expenditures, including, without limitation, costs of capital improvements, capital alterations, and capital repairs. The provisions of this Section 4.3.4 do not apply to the Tax Expenses.
Cap on Controllable Operating Expenses. Notwithstanding anything to the contrary set forth in this Lease, Landlord agrees that Tenant’s obligation to pay increases in controllable Operating Expenses in any Operating Period shall not exceed five percent (5%) over the controllable Operating Expenses payable in the preceding Operating Period, determined on a cumulative basis throughout the Term. For the purposes of this Lease, “controllable” Operating Expenses include all Operating Expenses other than the cost of all utility services provided to the Project, insurance premiums and any taxes included in Operating Expenses. For purposes of clarity, there is no cap on the amount of Taxes payable by Tenant.
Cap on Controllable Operating Expenses. Notwithstanding anything to the contrary in the Lease, the aggregate Controllable Operating Expenses (as defined below) shall not increase by more than five percent (5%) in any calendar year over the amount of Controllable
Cap on Controllable Operating Expenses. For purposes of determining Tenant’s Proportionate Share of increases in Operating Expenses, the amount by which Controllable Operating Expenses (defined below) (in the aggregate and not on a line-by-line basis) increase during each Calendar Year commencing with Calendar Year 2009 shall not exceed the product of the Controllable Operating Expenses for the immediately preceding Calendar Year multiplied by *** (the “Cap”). For purposes of this Section 7.8 only, “Controllable Operating Expenses” shall be all Operating Expenses less all taxes, utility charges, insurance costs, costs of snow removal, costs incurred to comply with laws and any other charges incurred by reason of the causes or factors described in Section 27.16 (it being the intent that only controllable expenses be capped as set forth herein). Tenant’s Proportionate Share of increases in Operating Expenses shall be calculated after the determination of increases in Controllable Operating Expenses has been made pursuant to this Section 7.8.
Cap on Controllable Operating Expenses. Landlord hereby agrees that "Controllable Operating Expenses" (all expenses other than ad valorem and non-ad valorem real estate taxes, Building insurance and utilities) shall not increase by more than six (6%) percent per year over the previous year's actual Controllable Operating Expenses, cumulative during the Term hereof, and any renewal terms. Landlord's actual costs for uncontrollable operating expenses (i.e. real estate taxes, Building insurance and utilities) shall be passed through to Tenant on a pro-rata basis. Additionally, any expenses deferred during the first year of operation of the Building because of construction warranties (i.e. HVAC service contracts, elevator service contracts, fire/security service contracts, etc.) will be added back to the operating expenses prior to determining whether or not the controllable operating expense cap has been exceeded.
Cap on Controllable Operating Expenses. Notwithstanding anything to the contrary contained herein, commencing with calendar year 2018, Tenant’s Share of Controllable Operating Expenses for 2018 and any subsequent calendar year shall not exceed Tenant’s Share of Controllable Operating Expenses for the immediately preceding calendar year, increased by five percent (5%) per calendar year on a cumulative and compounded basis. For purposes hereof, “Controllable Operating Expenses” shall mean all Operating Expenses other than Taxes, insurance premiums, and utility costs and expenses.
Cap on Controllable Operating Expenses. As of January 1 of the Base Year (the “Cap Start Date”; the period between the Cap Start Date and the expiration of the initial Term being referred to herein as the “Cap Term”), Operating Expenses shall be comprised of “Controllable Operating Expenses” and “Non-Controllable Operating Expenses.” Controllable Operating Expenses are those components of Operating Expenses that are within the exclusive discretion and control of Landlord and are not related to taxes, insurance, utilities, janitorial services, management fees, snow removal, compliance with laws, force majeure and/or collectively-bargained union wages. Non-Controllable Operating Expenses are those components of Operating Expenses that are not Controllable Operating Expenses. Notwithstanding the foregoing, for the purpose of calculating Tenant’s Share of Operating Expenses each year during the Cap Term, the items of Controllable Operating Expenses shall be deemed not to increase more than 5% (the “Cap Percentage”) per calendar year.
Cap on Controllable Operating Expenses. Effective as of the Substitute Premises Effective Date, the following language is added to the end of Paragraph 7.a. of the Lease: "Notwithstanding anything to the contrary herein, for purposes of calculating the Additional Rent due from Tenant pursuant to this Paragraph 7.a., Controllable Operating Expenses (as defined below) may not increase by more than five percent (5%) per year following the Base Year, which permitted increase shall be on a cumulative basis. For purposes hereof, "Controllable Operating Expenses" shall mean all Operating Expenses other than (i) costs of insurance, (ii) costs of utilities, (iii) costs incurred to reduce the foregoing costs or the rate of increase in such costs, and (iv) increases in any Operating Expenses that are attributable to increases in the governmentally mandated minimum wage or other governmentally mandated requirements."
Cap on Controllable Operating Expenses. Notwithstanding anything to the contrary contained in this Article 4, the aggregate “Controllable Expenses” (as hereinafter defined) included in Operating Expenses in any Expense Year after the first Expense Year shall not increase by more than six percent (6%) on an annual, cumulative basis, over the actual aggregate Controllable Expenses included in Operating Expenses for any preceding Expense Year, but with no such limit on the amount of Controllable Expenses which may be included in the Operating Expenses incurred during the first Expense Year. For purposes of this Section 4.3.5, “Controllable Expenses” shall mean all Operating Expenses except: (i) government-mandated charges with respect to the Building or Real Property, or any part thereof; and (ii) insurance carried by Landlord with respect to the Real Property and/or the operation thereof. The provisions of this Section 4.3.5 do not apply to the Tax Expenses nor Utilities Costs.
