Adjustment for Occupancy Factor Sample Clauses

Adjustment for Occupancy Factor. Notwithstanding any other ------------------------------- provision herein to the contrary, in the event the Building is not fully occupied during the Base Year or any calendar year during the term after the Base Year, an adjustment shall be made by Landlord in computing Operating Expenses for the Base Year and such calendar year so that those Operating Expenses which vary based on levels of occupancy shall be computed for such year as though the Building had been fully occupied during such year. If any particular work or service includable in Operating Expenses is not furnished to a tenant who has undertaken to perform such work or service itself, Operating Expenses shall be deemed to be increased by an amount equal to the additional Operating Expenses which would have been incurred if Landlord had furnished such work or service to such tenant. In addition, for purposes of calculating the amounts due from Tenant pursuant to this Paragraph 7 for air conditioning costs and other Operating Expenses in connection with supplying air conditioning service, Tenant's Share shall be deemed to be 47.34%, which equals a fraction (expressed as a percentage), the numerator of which is the rentable square footage of the Premises, and the denominator of which is the total rentable square footage on the twelfth through sixteenth floors of the Building (agreed by the parties to be 131,368 rentable square feet). The parties agree that statements in this Lease to the effect that Landlord is to perform certain of its obligations hereunder at its own or sole cost and expense shall not be interpreted as excluding any cost from Operating Expenses or Tax Expenses if such cost is an Operating Expense or Tax Expense pursuant to the terms of this Lease.

Adjustment for Occupancy Factor. Notwithstanding any other provision herein to the contrary, in the event the Building is not at least ninety-five percent (95%) occupied during the Base Year or any calendar year during the term after the Base Year, an adjustment shall be made by Landlord in computing Operating Expenses for the Base Year and such calendar year so that those Operating Expenses which vary based on levels of occupancy shall be computed for such year as though the Building had been ninety-five percent (95%) occupied during such year. In addition, if any particular work or service includable in Operating Expenses is not furnished to a tenant who has undertaken to perform such work or service itself, Operating Expenses shall be deemed to be increased by an amount equal to the additional Operating Expenses which would have been incurred if Landlord had furnished such work or service to such tenant. The parties agree that statements in this Lease to the effect that Landlord is to perform certain of its obligations hereunder at its own or sole cost and expense shall not be interpreted as excluding any cost from Operating Expenses or Tax Expenses if such cost is an Operating Expense or Tax Expense pursuant to the terms of this Lease.

Adjustment for Occupancy Factor. Notwithstanding any other ------------------------------- provision herein to the contrary, in the event the office area is not at least ninety-five percent (95%) occupied on average during the Base Year or any year of the Term of this Lease, an adjustment shall be made by Landlord in computing Operating Expenses for such year so that the Operating Expenses shall be computed for such year as though the office area had been ninety-five percent (95%) occupied on average during such year.

Adjustment for Occupancy Factor. Notwithstanding any other provision herein to the contrary, in the event the Building is not at least ninety-five percent (95%) occupied on average during the Base Year or any year of the term of this Lease, an adjustment shall be made by Landlord in computing Operating Expenses for such year so that the Operating Expenses shall be computed for such year as though the Building had been ninety-five percent (95%) occupied on average during such year. The parties agree that statements in this Lease to the effect that Landlord is to perform certain of its obligations hereunder at its own or sole cost and expense shall not be interpreted as excluding any cost from Operating Expenses or Tax Expenses if such cost is an Operating Expense or Tax Expense pursuant to the terms of this Lease.

Adjustment for Occupancy Factor. Notwithstanding any other provision herein to the contrary, in the event the Building is not fully occupied during the Base Year or any year of the term of this Lease, an adjustment shall be made by Landlord in computing Building Operating Costs for such year so that the Building Operating Costs shall be computed for such year as though the Building had been fully occupied during such year. To accomplish the foregoing, all variable components of Building Operating Costs for such calendar year (e.g., janitorial service, utilities, mechanical maintenance, but excluding expenses which do not vary with occupancy levels such as insurance and elevator maintenance) shall be "grossed-up", employing sound accounting and property management principles, to the amount such variable components would have been if the Building had been fully occupied during the entire calendar year and the adjusted amount of the variable components shall be used in determining Building Operating Costs for such calendar year.