Annual Operating Costs. Except as expressly provided in the immediately following sentence, the term "Annual Operating Costs" shall mean all actual and necessary 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; management fees (consistent with market rates for management fees, but not to exceed 3% of the gross rent for the Building); landscaping; snow removal; governmental permits fees; costs of compliance with governmental orders and regulations first enacted after the Occupancy Date; 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 under generally accepted accounting principles (except as provided in Sections 9(d) and 10(b) below), costs incurred to cause the Premises, the Building or the Common Facilities to comply with applicable law or code (except to the extent necessitated by Tenant's particular method or manner of use (or misuse) of the Premises and except as permitted by Section 10 (b), below), Landlord warranty work; costs associated with compliance with Environmental Laws and removal and remediation of Hazardous Substances; 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,
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; management fees; landscaping; snow removal; governmental permits fees; costs of compliance with governmental orders and regulations; administrative and overhead expenses; costs of the use of 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 Section 10(b)) under generally accepted accounting principles; mortgage debt or ground rents incurred by Landlord as owner of the Proper; 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 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; fees and higher interest charges caused by Landlord's refinancing the Building; all repairs to the interior of the Building of a structural nature (not made necessary by unusual use by Tenant); costs incurred due to violation by Landlord or any tenant of the terms and conditions of any lease; overhead and profit increment paid to subsidiaries or a...
Annual Operating Costs. (a) LESSEE agrees to pay LESSOR, as additional rent, its Pro-Rata Share (as hereinafter defined) of Annual Operating Costs (as hereinafter defined).
(b) LESSEE shall pay to LESSOR on the first day of each calendar month as its estimated payment for the Annual Operating Costs the sum $977.80, calculated at the rate of $1.20 per square foot per year. Within one hundred twenty (120) days following each December 31st, during the term hereof, LESSOR shall submit to LESSEE a statement (the "Annual Statement") in reasonable detail of the actual Annual Operating Costs for the twelve month period ending December 31st of each year ("Fiscal Year"). If such statement shows that LESSEE's share of the actual Annual Operating Costs exceeded LESSEE's monthly payments, then LESSEE shall immediately pay the total amount of such deficiency to LESSOR. If such statement shows that LESSEE's share of the actual Annual Operating Costs is less than the total of LESSEE's monthly payments, then LESSOR shall, within sixty (60) days of the Annual Statement, refund the difference to LESSEE. The Annual Statement shall be used as the basis for calculating LESSEE's monthly payments for the then current calendar year. Prorated adjustments, if any, from January 1 through the month of delivery of the Annual Statement for the then current year will also be due upon receipt and LESSEE shall immediately pay the total amount of such deficiency to LESSOR.
(c) All monthly payments as may be required hereunder shall be payable in full on the first day of the next occurring calendar month. Failure of the LESSOR to provide an Annual Statement within the said one-hundred-twenty (120) day period shall not constitute a waiver by LESSOR of its rights to payment due pursuant to this paragraph, and the obligation hereunder shall survive the expiration or other termination of this Lease.
(d) For any applicable Fiscal Year that begins prior to the Rent Commencement Date or ends after the expiration date of this Lease, the amount due for that Fiscal Year shall be apportioned on a per diem basis so that only that portion attributable to the portion of such Fiscal Year that occurs during the term of the Lease, shall be payable by LESSEE.
(e) The LESSEE's Pro-rata Share as used herein shall not exceed 14.91%, determined by the net rentable square footage of the Premises, excluding any mezzanine service space, divided by the total square footage of the Building. The total square footage of the Building shall be e...
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
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. ● 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. 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, real estate taxes, 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 services, 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 reasonable costs Landlord actually incurs from owning, operating and maintaining the Building and the lot or tract of land on which it is situated (the "Property") as determined under generally accepted accounting principles consistently applied. Annual operating costs shall include, by way of example rather than limitation: insurance premiums; fees; Impositions (defined below); costs for repairs, maintenance and service contracts; management fees (if there is no managing agent for the Property, if the managed agent is affiliated with Landlord, management fees will not be more than those customarily charged for management of a first class office building by an independent managing agent in Malvern, Pennsylvania); governmental permits fees; costs of compliance with governmental orders and regulations; administrative and overhead expenses; costs of furnishing water, sewer, 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 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
