Annual Operating Costs. The term “Annual Operating Costs” shall mean all costs Landlord reasonably and necessarily incurs from owning, operating and maintaining the Building and the lot or tract of land on which it is situated (the “Property”). Annual Operating Costs shall include, by way of example rather than limitation: insurance costs, including premiums; fees; Impositions (defined below); costs for repairs, maintenance and service contracts; management fees not to exceed $0.40 per rentable square foot of the Premises for the first lease year not to increase by more than 3% per lease year thereafter; landscaping; snow removal; governmental permits fees; costs of compliance with governmental orders and regulations; administrative and overhead expenses; costs of furnishing water, sewer, electricity, gas, fuel, and other utility services, for use in common areas of the Building and Property; and the cost of janitorial service and trash removal; excluding, however, from Annual Operating Costs the following: costs which are treated as capital expenditures (except as provided in Sections 9(e) and 10(b)) under generally accepted accounting principles; mortgage debt or ground rents incurred by Landlord as owner of the Property; income, excess profits, corporate capital stock or franchise tax imposed or assessed upon Landlord, unless (but only to the extent) such tax or any similar tax is levied or assessed, in lieu of all or any part of any currently existing Imposition or an increase in any currently existing Imposition; leasing commissions, accountants’, consultants’ or attorneys’ fees, costs and disbursement and other expenses incurred in connection with negotiations or disputes with tenants or prospective tenants or associated with the enforcement of any leases or the defense of Landlord’s title to or interest in the Building in connection with any proceedings involving real property taxes other than disputes regarding tax assessment and reduction of real property taxes; costs of construction of the Building and related facilities and correction of defects in construction of the Building (including permit, license and inspection fees); costs of any items or services sold or provided to tenants (including Tenant) for which Landlord is entitled to be reimbursed by such tenants or which are not generally provided to all tenants of the Building; costs of any items covered by any warranty to the extent of the warranty coverage, all financing costs, fees and higher interest charges cau...
Annual Operating Costs. (a) Tenant agrees to pay to Landlord, as additional rent, its Pro-Rata Share (as hereinafter defined) of Annual Operating Costs (as hereinafter defined).
(b) Tenant shall pay to Landlord on the Rent Commencement Date and on the first day of each calendar month thereafter, as its estimated monthly payment of the Annual Operating Costs, the sum of $7,916.67, calculated at the rate of $3.80 per rentable square foot, as may be adjusted upon the expiration of any applicable warranties related to new construction. If the Rent Commencement Date is a date other than the first day of the month, Tenant’s Pro-Rata share shall be pro-rated in the same manner as Base Rent under Article 3 hereof. Within one hundred eighty (180) days following each fiscal year as determined by Landlord during the term hereof, Landlord shall submit to Tenant a statement (the “Annual Statement”) in reasonable detail of the actual Annual Operating Costs. If such statement shows that Tenant’s share of the actual Annual Operating Costs exceeded Tenant’s monthly payments, then Tenant shall, within thirty (30) days of receipt of such Annual Statement, pay the total amount of such deficiency to Landlord. Thereafter, upon receipt of such succeeding Annual statement, Tenant’s monthly payments during the period covered by said Annual Statement shall be adjusted to the actual Annual Operating Cost, and such adjustment shall be paid within thirty (30) days of the date of said Statement. The amount of the actual Annual Statement shall be used as the basis for calculating Tenant’s monthly payments for the next succeeding twelve (12) month period; notwithstanding the foregoing, in no event shall Tenant’s Pro-Rata Share of Annual Operating Costs, excluding the Excluded Items (as defined below) for the second Lease Year of the Term or for any succeeding Lease Year increase by more than five percent (5%) over the Annual Operating Costs for the immediately preceding Lease Year; provided, however, that if the Annual Operating Costs increase for any Lease Year exceeds five percent (5%), then the amount of the Annual Operating Cost increase in excess of five percent (5%) may be added to the Annual Operating Cost increase for any succeeding Lease Year (or Lease Years) when the Annual Operating Cost increase is less than five percent (5%), so that, to the fullest extent possible (subject to the maximum increase of five percent (5%) per Lease Year in Annual Operating Costs provided for herein), Annual Operating C...
Annual Operating Costs. Each year, the Working Committee shall propose projected Annual Operating Costs, which projected costs shall be adopted by the Board prior to or during approval of the budget.
Annual Operating Costs. Each Party agrees to an equal share in the actual cost of operating the Control Center(s) including costs associated with system operators, EMS support, software, hardware, and compliance labor.
Annual Operating Costs. (i) The term “Annual Operating Costs” shall mean the actual costs to Landlord of operating and maintaining the Property (including, without limit, all improvements thereto and fixtures and equipment therein or thereon) during each calendar year of the Term (and any renewals or extensions thereof) including, without limit, the first calendar year during which the Term of this Lease shall have commenced for the purpose of determining the Base Operating Costs (as defined in Article 4(e)(iv) below), excluding Tenant Energy Costs (as hereinbefore defined). Such costs shall include, by way of example rather than of limitation, (1) charges or fees for, and taxes on, the furnishing to the Property of water and sewer service, electric energy (excluding the supply of electric energy included in Tenant Energy Costs or paid by Tenant directly to the utility provider); (2) costs of elevator service and charges or fees for maintenance of the Property, planting, replanting and janitorial service, trash removal, policing, cleaning, restriping, resurfacing, maintaining and repairing all walkways, roadways, parking areas forming part of the Property, maintaining all landscaped areas of the Property; (3) charges or fees for any necessary governmental permits; (4) wages, salaries and benefits of employees of Landlord or any management company engaged by Landlord in connection with the Building, management fees, overhead and expenses, provided that Landlord’s management/administrative fees and expenses shall be capped at four percent (4%) of Landlord’s gross revenue for the Building (not including Tenant Energy Costs or electric costs paid by Tenant directly to the utility provider) and shall be included Landlord’s established Base Year Operating Costs; (5) the cost of premiums for hazard, rent, liability, workmen’s compensation and other insurance upon the Property or portions thereof; (6) costs arising under service contracts with independent contractors; (7) professional and consulting fees including, without limit, legal and auditing fees; (8) repairs, replacements and improvements to the Property which are appropriate for the continued operation of the Building as a first class office building; and (9) the cost of all other items which, under standard accounting practices, constitute operating or maintenance costs which are attributable to the Property or any portion thereof. The term “Annual Operating Costs” shall not include: (1) depreciation on the Building or equipmen...
Annual Operating Costs. ● This section describes items to be invoiced to the funding collaborators as part of the annual operating costs as per the collaboration agreement. ● Included in this section are materials, supplies and services paid by the UTRCA for the operation, maintenance and development of the LSWIMS app including (but not limited to): ○ Server and Data Hosting Costs (such as Microsoft Azure) for the primary site and backup restore site ○ Authentication services ○ Annual software licensing ○ Up to 50% of costs of software and hardware used in the operation, maintenance and development of the LSWIMS app ○ Services to provide redundant database administrator by contractor(Dazzl) ○ Annual Operating costs are divided equally between the funding collaborators with new funding collaborators pro-rated based on the part of the year they were able to ● These costs will be invoiced to funding collaborators as per the collaboration agreement. Cost will be shared equally
Annual Operating Costs. In addition to the Minimum Rent provided in Paragraph 3, Tenant shall pay annually as additional rent an amount equal to Tenant's pro rata share of Annual Operating Costs payable or incurred by Landlord in any calendar year. Tenant's pro rata share shall be a fraction, the numerator of which shall be the square feet of space in the Premises and the denominator shall be the square feet of space leased in the Building. The term "calendar year" as used herein shall include any partial calendar year.
Annual Operating Costs. (a) Definition. As used herein, the term "Annual operating Costs" means the actual costs incurred by Landlord in operating and maintaining the Property during each calendar year falling wholly or partially within the Term. Such costs shall
Annual Operating Costs. As used herein the term "annual operating costs" shall mean the costs to Landlord of operating and maintaining the Property during each calendar year of the term. Such costs shall include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures.
Annual Operating Costs. The term "Annual Operating Costs" shall mean all costs Landlord incurs from owning, operating and maintaining the Building and the lot or tract of land on which it is situated (the "Property"). Annual Operating Costs shall include, by way of example rather than limitation: insurance costs, including premiums; fees; Impositions (defined below); costs for repairs, maintenance and service contracts (including HVAC service contracts for base Building standard HVAC systems); management fees (reasonably consistent with market rates); landscaping; snow removal; governmental permits fees; costs of compliance with governmental orders and regulations; administrative and overhead expenses; costs of furnishing water, sewer, electricity, gas, fuel, and other utility services, for use in Common Facilities of the Building and Property; and the cost of janitorial service and trash removal; excluding, however, from Annual Operating Costs the following: costs which are treated as capital expenditures (except as provided in Sections 9(d) andl0(b)) under generally accepted accounting principles; mortgage debt or ground rents incurred by Landlord as owner of the Property; income, excess profits, corporate capital stock or franchise tax imposed or assessed upon Landlord, unless such tax or any similar tax is levied or assessed, in lieu of all or any part of any currently existing Imposition or an increase in any currently existing Imposition; leasing commissions, accountants', consultants' or attorneys' fees, costs and disbursement and other expenses incurred in connection with negotiations or disputes with tenants or prospective tenants or associated with the enforcement of any leases or the defense of Landlord's title to or interest in the Building in connection with any proceedings involving real property taxes other than disputes regarding tax assessment and reduction of real property taxes; costs of
