UTILITY ADJUSTMENT Sample Clauses

UTILITY ADJUSTMENT. [ x ] Not Applicable The Seller agrees to make at his expense the below listed repair, relocation or adjustment of utilities owned by him. The purchase price offered includes $ to compensate the owner for his expenses.
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UTILITY ADJUSTMENT. Section 38.3 of the LEASE, "Utility Adjustment," shall be deleted and replaced with the following: LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S proportionate share of any increase in basic utility costs for the Building. The base period shall be January 2006 through December 2006, during which time the actual utility costs were $(To Be Determined). The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the LESSOR. For the purposes of the utility adjustment, the Utility Building size shall be the actual useable square feet less any space separately metered or submetered or 20,322 square feet and the LESSEE'S pro-rata share is 9.34% which is based on the actual Premises useable square feet divided by the Utility Building size. Since the useable square feet of the Building can change, the above Utility Building size and LESSEE'S pro-rata share is subject to change. Lessor /s/ Lessee /s/ The one (1) time per year utility payment, if any, shall be paid by the LESSEE every April 1st, starting April 1, 2008, and shall be calculated as follows: First, before any comparison of utility costs is made, the base period actual utility costs shall be increased by the CPI percentage change using the base period CPI compared to the comparison son period CPI to create an "adjusted" base amount. Next, the "adjusted" base amount shall be subtracted from the comparison period actual utility costs. Last, the difference shall be multiplied by the LESSEE'S pro-rata share. This amount will be due and payable as a one (1) time per year Additional Rent charge paid by the LESSEE every April 1st starting April 1, 2008, An example is as follows: Example
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UTILITY ADJUSTMENT. 1. ROW acquisition is carried to completion under the active project management and leadership of the PM, with proactive activity of the ROW acquisition group. If the city or other governmental entity such as TxDOT, is the ROW acquisition agency, the PM will still track the progress and proactively keep progress on schedule.
Sample 1
UTILITY ADJUSTMENT. If Lessor’s cost for electrical service in any calendar year shall exceed Lessor’s costs for electrical service for the preceding calendar year, Lessee shall pay as additional rent for said calendar year, upon demand, an amount equal to such proportion of the excess of electricity costs for such year. Its proportionate part shall be a fraction, the numerator of which is the number of rentable square feet of floor area of the Demised Premises and the denominator of which is the total number of rentable square feet serviced of which the Demised Premises are a part. Lessor agrees to keep books and records reflecting electrical costs for the preceding calendar year and a computation of any decrease or increase in rental in accordance with the provisions of this Lease. The monthly rental payable thereafter shall be increased or decreased as required by this paragraph to reflect changes in electrical costs as shown in such statement. Within thirty (30) days after receipt of such statement, Lessee shall pay any additional rent for the months of the then current calendar year as to which Lessee has already paid in rental which did not reflect said adjustment in rental. If Lessee be entitled to a credit pursuant to the statement, then at Lessee’s election the same shall be paid in cash to Lessee or may be reflected in the next installment or installments of rent. If the final lease year is less than twelve (12) months, such rent adjustment shall be prorated.
Sample 1
UTILITY ADJUSTMENT. Section 37.3 of the LEASE. "Utility Adjustment," shall be added to the Lease as follows: LESSEE shall pay as Additional Rent, one (1) time per year. LESSEE'S proportionate share of any increase in basic utility costs for the Building. The base period shall he April, 2010 through March, 2011, during which time the actual utility costs were $TBD. The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the LESSOR. For the purposes of the utility adjustment, the Utility Building size shall be the actual useable square feet less any space separately metered or submetered or i3,283 square feet and the LESSEE'S pro-rata share is 23.57% which is based on the actual Premises useable square feet divided by the Utility Building size. Since the useable square feet of the Building can change, the above Utility Building size and LESSEE'S pro-rata share is subject to change. The one (1) time per year utility payment, if any, shall be paid by the LESSEE every July 1, starting July 1, 2012, and shall be calculated as follows:
Sample 1
UTILITY ADJUSTMENT. LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S proportionate share of any increase in basic utility costs for the Building. The base period shall be FEBRUARY 2001 TO JANUARY 2002, during which time the actual utility costs were $ TO BE DETERMINED (this amount shall be provided after LEASE signing date). The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the Lessor. For the purposes of the utility adjustment, the adjusted Building size is 19,474 square feet and the LESSEE'S pro-rata share is 3.6%. The one (1) time per year utility payment, if any, shall be paid by the LESSEE EVERY APRIL 1 STARTING APRIL 1, 2003 and shall be calculated as follows: First, before any comparison of utility costs is made, the adjusted actual entire Building base period utility cost paid by the Lessor shall be increased by the CPI percentage change for the same period (see Section 37.1) to create an "adjusted" base amount. Next, the "adjusted" base period utility amount shall be subtracted from the comparison period adjusted actual entire Building utility cost. Last, the difference shall be multiplied by the LESSEE'S pro-rata share. This amount will be due and payable as a one (1) time per year Additional Rent charge paid by the LESSEE EVERY APRIL 1 STARTING APRIL 1, 2003. An example is as follows:
Sample 1
UTILITY ADJUSTMENT. LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S proportionate share of any increase in basic utility costs for the Building.
Sample 1
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UTILITY ADJUSTMENT. LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE’S proportionate share of any increase in basic utility costs for the Building. The base period shall be September 2005 through August, 2006, during which time the actual utility costs were $TBD. The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the LESSOR. For the purposes of the utility adjustment, the Utility Building size shall be the actual useable square feet less any space separately metered or submetered or 41,517 square feet and the LESSEE’S pro-rata share is 14.6% which is based on the actual Premises useable
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Related to UTILITY ADJUSTMENT

  • True-Up Adjustments From time to time, until the Retirement of the Recovery Bonds, the Servicer shall identify the need for True-Up Adjustments and shall take all reasonable action to obtain and implement such True-Up Adjustments, all in accordance with the following:

  • Excise Tax Adjustment (a) If any payment or benefit Executive will or may receive from the Company or otherwise (a “280G Payment”) would (i) constitute a “parachute payment” within the meaning of Section 280G of the Code, and (ii) but for this Section, be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then any such 280G Payment provided pursuant to this Agreement (a “Payment”) shall be equal to the Reduced Amount. The “Reduced Amount” shall be either (x) the largest portion of the Payment that would result in no portion of the Payment (after reduction) being subject to the Excise Tax, or (y) the largest portion, up to and including the total, of the Payment, whichever amount (i.e., the amount determined by clause (x) or by clause (y)), after taking into account all applicable federal, state, and local employment taxes, income taxes, and the Excise Tax (all computed at the highest applicable marginal rate), results in Executive’s receipt, on an after-tax basis, of the greater economic benefit notwithstanding that all or some portion of the Payment may be subject to the Excise Tax. If a reduction in a Payment is required pursuant to the preceding sentence and the Reduced Amount is determined pursuant to clause (x) of the preceding sentence, the reduction shall occur in the manner (the “Reduction Method”) that results in the greatest economic benefit for Executive. If more than one method of reduction will result in the same economic benefit, the items so reduced will be reduced pro rata (the “Pro Rata Reduction Method”).

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