Common use of Allocable costs Clause in Contracts

Allocable costs. Electricity. Tenant shall pay to Landlord monthly an amount reasonably estimated by Landlord to equal Tenant’s Allocable Electricity Costs for the electrical energy that Tenant requires for operation of the lighting fixtures, appliances and equipment of Tenant in the Premises and the heating and air conditioning equipment of Landlord servicing the Premises. “Tenant’s Allocable Electricity Costs” as used herein is initially estimated to be $2.00 per rsf, and shall be as determined in accordance with Exhibit E attached hereto and made a part hereof. Landlord shall from time to time furnish to Tenant a statement setting forth in reasonable detail the particulars relating to Tenant’s Allocable Electricity Costs for the period to which such a statement relates. In the event the estimated payments made by Tenant for said period shall be less than Tenant’s Allocable Electricity Costs for said period as set forth in said statement, Tenant shall promptly remit to Landlord the difference. In the event the estimated payments made by Tenant for said period exceed Tenant’s Allocable Electricity Costs for said period as set forth in said statement, such excess shall be refunded by Landlord. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity unless due to the act or omission of Landlord. Tenant’s use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electrical services, Tenant shall give notice to Landlord and obtain Landlord’s prior written consent whenever Tenant shall connect to the Building electrical distribution system any major fixtures, appliances or equipment. Any additional feeders or risers to supply Tenant’s electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by Landlord upon Tenant’s request, at the sole cost and expense of Tenant, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to the Building or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building. Tenant agrees that it will not make any significant alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld or delayed, and will promptly advise Landlord of any alteration or addition to such electrical equipment and/or appliances. Landlord, at Tenant’s expense, shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Premises. Notwithstanding the foregoing, Landlord, at its election, may install at Landlord’s cost and expense a separate meter for Tenant’s electric usage in which event Tenant shall thereafter obtain and pay for its electricity directly from the electric utility servicing the Building.

Allocable costs. Electricity(a) Bazaar Company shall submit to Aladdin Gaming, promptly following the Effective Date, and in each Accounting Period thereafter, at least ninety (90) days prior to the first day of the calendar month following the first anniversary of the Effective Date, and in each successive Accounting Period thereafter, a reasonable estimate of the total Parking Operating Costs to be incurred by Bazaar Company during the next Accounting Period (the "Budget"), and each party's Allocable Share of Parking Operating Costs with respect thereto (the "Estimated Cost Statement"). Tenant Aladdin Gaming may object to the Budget and/or the Estimated Cost Statement within thirty (30) days of its receipt thereof, in which event the parties shall negotiate in good faith in an attempt to reach an agreement. If an agreement concerning the Budget and/or Estimated Cost Statement is not reached within twenty (20) days of an objection, then the objection shall be subject to the procedures for Arbitration set forth in Article 10.1 hereof; provided, however, that during such arbitration, Aladdin Gaming shall pay to Landlord monthly an amount reasonably estimated by Landlord to equal Tenant’s Bazaar Company Aladdin Gaming's Allocable Electricity Share of Parking Operating Costs, as hereinafter provided, based upon the lesser of (x) the actual cost of the subject Parking Operating Costs for the electrical energy that Tenant requires for operation previous Accounting Period, plus ten percent (10%), or (y) the Estimated Cost Statement. The failure of Bazaar Company to timely submit a Budget or the Estimated Cost Statement shall not preclude Bazaar Company from enforcing its right to collect Aladdin Gaming's Allocable Share of Parking Operating Costs. (b) Aladdin Gaming shall pay its Allocable Share of Parking Operating Costs in twelve (12) equal monthly installments, in advance, on the first day of each calendar month commencing on the Effective Date (and on and after the Opening Date, together with its next installment of the lighting fixturesBase Fee due), appliances and equipment pursuant to the Estimated Cost Statement. At any time, Bazaar Company, with the reasonable approval of Tenant Aladdin Gaming, may elect to adjust monthly estimated payments contained in the Premises and Estimated Cost Statement to more closely reflect actual Parking Operating Costs being incurred in order to reduce the heating and air conditioning equipment magnitude of Landlord servicing any year-end reconciliation. Should the Premises. “Tenant’s Effective Date occur on a day other than the first day of the calendar month, then for such first fractional month the Allocable Electricity Costs” as used herein is initially estimated to Share of Parking Operating Costs shall be $2.00 per rsf, paid on the Effective Date and shall be as determined in accordance with Exhibit E attached hereto and made computed on a part hereof. Landlord shall from time to time furnish to Tenant a statement setting forth in reasonable detail the particulars relating to Tenant’s Allocable Electricity Costs daily basis for the period from the Effective Date to which the end of such a statement relates. In calendar month and at an amount equal to 1/360th of the event the estimated payments made by Tenant for said period shall be less than Tenant’s Allocable Electricity Share of Parking Operating Costs for said period as set forth in said statementeach such day, Tenant shall promptly remit to Landlord the difference. In the event the estimated payments made by Tenant for said period exceed Tenant’s Allocable Electricity Costs for said period as set forth in said statementand, such excess shall be refunded by Landlord. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity unless due to the act or omission of Landlord. Tenant’s use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electrical services, Tenant shall give notice to Landlord and obtain Landlord’s prior written consent whenever Tenant shall connect to the Building electrical distribution system any major fixtures, appliances or equipment. Any additional feeders or risers to supply Tenant’s electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risersthereafter, shall be installed by Landlord computed and paid as aforesaid. (c) Within ninety (90) days following the end of each Accounting Period, Bazaar Company shall provide Aladdin Gaming with a full, complete and itemized separate statement, with reasonable supporting documentation as may be requested, showing the actual Parking Operating Costs incurred during such Accounting Period. Aladdin Gaming shall also have the right, upon Tenant’s request, reasonable notice and at the its sole cost and expense expense, to audit Bazaar Company's records with respect to the immediately preceding Accounting Period and its allocation of TenantParking Operating Costs. If any party has paid more than its Allocable Share of Parking Operating Costs during any such Accounting Period, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and party shall receive a credit towards its next payment of its Allocable Share of Parking Operating Costs. If any party has paid less than its Allocable Share of Parking Operating Costs for such Accounting Period, such party shall pay the installation deficiency within thirty (30) days after receipt of such feeders or risers will not cause permanent damage or injury to the Building or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building. Tenant agrees that it will not make any significant alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld or delayed, and will promptly advise Landlord of any alteration or addition to such electrical equipment and/or appliances. Landlord, at Tenant’s expense, shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Premises. Notwithstanding the foregoing, Landlord, at its election, may install at Landlord’s cost and expense a separate meter for Tenant’s electric usage in which event Tenant shall thereafter obtain and pay for its electricity directly from the electric utility servicing the Buildingyear-end statement.

Allocable costs. Electricity(a) Bazaar Company shall submit to Aladdin Gaming, promptly following the Effective Date, and in each Accounting Period thereafter, at least ninety (90) days prior to the first day of the calendar month following the first anniversary of the Effective Date, and in each successive Accounting Period thereafter, a reasonable estimate of the total Parking Operating Costs to be incurred by Bazaar Company during the next Accounting Period (the "Budget"), and each party's Allocable Share of Parking Operating Costs with respect thereto (the "Estimated Cost Statement"). Tenant Aladdin Gaming may object to the Budget and/or the Estimated Cost Statement within thirty (30) days of its receipt thereof, in which event the parties shall negotiate in good faith in an attempt to reach an agreement. If an agreement concerning the Budget and/or Estimated Cost Statement is not reached within twenty (20) days of an objection, then the objection shall be subject to the procedures for Arbitration set forth in Article 10.1 hereof, provided, however, that during such arbitration, Aladdin Gaming shall pay to Landlord monthly an amount reasonably estimated by Landlord to equal Tenant’s Bazaar Company Aladdin Gaming's Allocable Electricity Share of Parking Operating Costs, as hereinafter provided, based upon the lesser of (x) the actual cost of the subject Parking Operating Costs for the electrical energy that Tenant requires for operation previous Accounting Period, plus ten percent (10%), or (y) the Estimated Cost Statement. The failure of Bazaar Company to timely submit a Budget or the Estimated Cost Statement shall not preclude Bazaar Company from enforcing its right to collect Aladdin Gaming's Allocable Share of Parking Operating Costs. (b) Aladdin Gaming shall pay its Allocable Share of Parking Operating Costs in twelve (12) equal monthly installments, in advance, on the first day of each calendar month commencing on the Effective Date (and on and after the Opening Date, together with its next installment of the lighting fixturesBase Fee due), appliances and equipment pursuant to the Estimated Cost Statement. At any time, Bazaar Company, with the reasonable approval of Tenant Aladdin Gaming, may elect to adjust monthly estimated payments contained in the Premises and Estimated Cost Statement to more closely reflect actual Parking Operating Costs being incurred in order to reduce the heating and air conditioning equipment magnitude of Landlord servicing any year-end reconciliation. Should the Premises. “Tenant’s Effective Date occur on a day other than the first day of the calendar month, then for such first fractional month the Allocable Electricity Costs” as used herein is initially estimated to Share of Parking Operating Costs shall be $2.00 per rsf, paid on the Effective Date and shall be as determined in accordance with Exhibit E attached hereto and made computed on a part hereof. Landlord shall from time to time furnish to Tenant a statement setting forth in reasonable detail the particulars relating to Tenant’s Allocable Electricity Costs daily basis for the period from the Effective Date to which the end of such a statement relates. In calendar month and at an amount equal to l/360th of the event the estimated payments made by Tenant for said period shall be less than Tenant’s Allocable Electricity Share of Parking Operating Costs for said period as set forth in said statementeach such day, Tenant shall promptly remit to Landlord the difference. In the event the estimated payments made by Tenant for said period exceed Tenant’s Allocable Electricity Costs for said period as set forth in said statementand, such excess shall be refunded by Landlord. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity unless due to the act or omission of Landlord. Tenant’s use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electrical services, Tenant shall give notice to Landlord and obtain Landlord’s prior written consent whenever Tenant shall connect to the Building electrical distribution system any major fixtures, appliances or equipment. Any additional feeders or risers to supply Tenant’s electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risersthereafter, shall be installed by Landlord computed and paid as aforesaid. (c) Within ninety (90) days following the end of each Accounting Period, Bazaar Company shall provide Aladdin Gaming with a full, complete and itemized separate statement, with reasonable supporting documentation as may be requested, showing the actual Parking Operating Costs incurred during such Accounting Period. Aladdin Gaming shall also have the right, upon Tenant’s request, reasonable notice and at the its sole cost and expense expense, to audit Bazaar Company's records with respect to the immediately preceding Accounting Period and its allocation of TenantParking Operating Costs. If any party has paid more than its Allocable Share of Parking Operating Costs during any such Accounting Period, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and party shall receive a credit towards its next payment of its Allocable Share of Parking Operating Costs. If any party has paid less than its Allocable Share of Parking Operating Costs for such Accounting Period, such party shall pay the installation deficiency within thirty (30) days after receipt of such feeders or risers will not cause permanent damage or injury to the Building or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building. Tenant agrees that it will not make any significant alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld or delayed, and will promptly advise Landlord of any alteration or addition to such electrical equipment and/or appliances. Landlord, at Tenant’s expense, shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Premises. Notwithstanding the foregoing, Landlord, at its election, may install at Landlord’s cost and expense a separate meter for Tenant’s electric usage in which event Tenant shall thereafter obtain and pay for its electricity directly from the electric utility servicing the Buildingyear-end statement.