05B. Subject to the foregoing, an employee to be laid off shall first displace the least senior employee with a relatively equal number of regularly scheduled hours, (that is not more than five [5] hours more biweekly than her regularly scheduled position) within her shift. If there is no less senior employee with a relatively equal number of regularly scheduled hours on her shift, or if the employee to be laid off is the least senior employee on her shift, then she shall displace the least senior employee with a relatively equal number of regularly scheduled hours on another shift. If the employee to be laid off chooses, she may displace the least senior employee on her shift with a lesser number of regularly scheduled hours. If there is no such employee on her shift, she may displace a less senior employee with a lesser number of regularly scheduled hours on another shift. Under no circumstances may a part time employee displace a full time employee under the above procedure.
05B. The Annuitant's entire interest under the Contract will be distributed or begin to be distributed no later than the Annuitant's Required Beginning Date defined above. The Annuitant's entire interest may be distributed, over (a) the Annuitant's life, or the lives of the Annuitant's and his or her designated beneficiary, or (b) a period certain not extending beyond the Annuitant's life expectancy, or the joint and last survivor expectancy of the Annuitant and his or her designated beneficiary.
05B. Action by a Majority of the Directors in its entirety and substituting therefor the following: [Intentionally omitted]
05B. A(g) and to the best of its knowledge and belief (having made due and careful enquiry) no Environmental Claim has been commenced or is threatened against it; and
05B. 06C(2) CANCELLATION If, pursuant to Article 1.06A, the Borrower cancels:
05B. It is agreed that the preference of both parties will be to proceed to arbitration in accordance with Article 6.05A. However, if either party so requests, arbitration shall be proceeded with in accordance with Article 6.05B.
05B. Lessee’s Proportionate Share of actual annual Operating Expenses: Each year, Lessor will provide Lessee with a statement (“Operating Statement”) reflecting the total amount by which the Operating Expenses for the previous calendar year exceeded the Base Year level. If the total of Lessee’s Operating Expense estimates billed for the previous calendar year are less than Lessee’s Proportionate Share of the actual Operating Expenses, the Operating Statement will indicate the payment amount and date due. If Lessee has paid more than its Proportionate Share of Operating Expenses for the preceding calendar year, Lessor will credit the overpayment toward Lessee’s future Operating Expense obligations. Monthly Operating Expense estimates are due on the 1st of each month and shall commence in the month specified by Lessor. Lessee’s retroactive estimate correction, and actual annual Operating Expense charges, if any, shall be due, in full, on the date(s) specified by Lessor.
4.06 Lessee shall pay each Operating Expense in accordance with Lessee’s Proportionate Share of the Building or Lessee’s Proportionate Share of the Project, whichever is designated by Lessor. Real Property Taxes for the Building shall be charged based on Lessee’s Proportionate Share of the Building. Lessor shall have the right to make allocations (“Allocations”) to Lessee of any one or more Operating Expenses on a different basis but only if Lessor has a reasonable basis to do so. For example, if reasonable, Lessor shall have the right to elect at any time and from time to time (a) to make any Allocation of one or more Operating Expenses based upon Lessee’s Proportionate Share of the Building and to make other Allocations on Lessee’s Proportionate Share of the Project, (b) to make Allocations of certain Operating Expense items among less than all lessees and/or other than based upon the respective square footages of the lessees, (c) to make different Allocations for different Operating Expenses, and/or (d) to alter an Allocation or the method of determining an Allocation from time to time. In no event shall Lessor be liable to Lessee based upon any incorrect or disputed Allocation (although any excess payments shall be applied or refunded) nor shall Lessee have any right to terminate this Lease by reason of any such Allocation.
4.07 Unless Lessee objects to any Operating Statement by written notice to Lessor within thirty (30) days after Lessor provides such Operating Statement to Lessee, such Ope...
05B. Lessee’s Proportionate Share of actual annual Operating Expenses: Each year, Lessor will provide Lessee with a statement reflecting the total Operating Expenses for the previous calendar year. If the total of Lessee’s Operating Expense estimates billed for the previous calendar year are less than Lessee’s Proportionate Share of the actual Operating Expenses in excess of Base Year Operating Expenses, the statement will indicate the payment amount and date due. If Lessee has paid more than its Proportionate Share of excess Operating Expenses for the preceding calendar year, Lessor will credit the overpayment toward Lessee’s future Operating Expense obligations. Monthly Operating Expense estimates are due on the 1st of each month and shall commence in the month specified by Lessor. Lessee’s retroactive estimate correction, and actual annual Operating Expense charges, if any, shall be due, in full, on the date(s) specified by Lessor.
05B. Lessee's share of actual annual Operating Expenses: On or about April 1st of each year, Lessor will provide Lessee with a statement reflecting the total Operating Expenses for the calendar year just ended. If the total of Lessee's Operating Expense estimates billed for the calendar year just ended are less than Lessee's Proportionate Share of the actual Operating Expenses for the calendar year just ended, the statement will indicate the payment amount and date due. If Lessee has paid more than its Proportionate Share of Operating Expenses for the preceding calendar year, Lessor will credit the overpayment towards Lessee's future Operating Expense obligations.
05B
