Adjustment of Operating Expenses. Operating Expenses shall be adjusted as follows:
Adjustment of Operating Expenses. 5 8.3.1. Gross Up Adjustment When Building Is Less Than Fully Occupied.....................................................5 8.3.2. Adjustment When Landlord Does Not Furnish a Service to All Tenants......................................................6 8.3.3. Common Areas.................................................6 8.4.
Adjustment of Operating Expenses. Notwithstanding anything to the contrary set forth above, it is agreed that in the event the Office Complex is not fully occupied during any Lease Year, Operating Expenses for such year shall be adjusted to the amount that would have been incurred had the Office Complex been ninety-five percent (95%) occupied during such year; provided, that a corresponding adjustment is made with respect to Operating Expenses for 1998.
Adjustment of Operating Expenses. 47 10.5 Non-competition by Seller, Stockholder and Founder................................................48 10.6 Employees.........................................................................................49 10.7
Adjustment of Operating Expenses. All operating expenses of Seller's business, including, but not limited to, rent, real estate taxes, payroll expenses, payroll taxes, employee bonuses, equipment maintenance contracts, utilities expenses, and postage expenses, shall, except as otherwise expressly provided herein, be adjusted and allocated between Seller and Buyer to the extent necessary in order that all such expenses attributable to the operation of Seller's business prior to the Closing Date (regardless of the date of order or invoice) shall be for the account of, and paid by, Seller, and all such expenses attributable to the operation of Seller's business from, after and including the Closing Date (regardless of the date of order or invoice) shall be for the account of, and paid by, Buyer.
Adjustment of Operating Expenses. If during any portion of any calendar year (including calendar year 2004 for purposes of establishing Base Operating Expenses), at least 95% of the Building's rentable area was not occupied by tenants, then actual Operating Expenses incurred by the Landlord shall be reasonably extrapolated by the Landlord to the estimated Operating Expenses that would have been incurred if the Building were fully occupied by tenants and, for purposes of this Paragraph 6, 95% of such extrapolated amount shall be deemed to be the Operating Expenses for such year.
Adjustment of Operating Expenses. Intentionally Deleted.
Adjustment of Operating Expenses. Notwithstanding anything to the contrary set forth above, it is agreed that in the event the Building is not fully occupied during any Calendar Year, a reasonable and equitable adjustment will be made by Landlord in computing that portion of the Operating Expenses for such year which vary on the basis of the proportion of the Building which is occupied from time to time, so that such portion of the Operating Expenses will be adjusted to the amount that would have been incurred had the Building been fully occupied during such Calendar Year.
Adjustment of Operating Expenses. If the Building is not fully occupied during any given Escalation Year, the Operating Expenses shall be equitably adjusted so that such of those expenses as constitute variable rather than fixed costs (as determined in accordance with sound accounting practices) shall be adjusted to reflect vacancies in the Building by projecting such variable costs as if the Building were fully occupied throughout such Operating Year; provided, however, that in no event shall Landlord by reason of any such adjustment be entitled to receive more than 100% of the Operating Expenses.
Adjustment of Operating Expenses. If Landlord identifies particular components of Operating Expenses that are attributable solely to the office portions of the Building, to the exclusion of retail, then Landlord may adjust Tenant’s Proportionate Share as to such Operating Expenses based on the proportion that the rentable square footage of the Premises bears to the total rentable office area of the Building, or such other reasonable measure of proportionate share as may be adopted by Landlord in good faith, and Tenant’s liability for payment of Additional Rent under this Section 7 will be adjusted accordingly. In the event Landlord makes an adjustment under this subsection, Landlord will provide to Tenant an accounting of the basis for the adjustment of Tenant’s Proportionate Share, and identify to Tenant the particular Operating Expenses upon which such adjustment was applied.
