Base Year Adjustments. Baseline Period shall be adjusted to reflect: changes in occupied square footage; changes in energy-consuming equipment, including any repairs or improvements made to the equipment as part of this Agreement; changes in the Facilities; changes in Energy and Operational Cost Avoidance Guarantee Practices adversely affecting energy consumption and/or demonstrated operational changes; changes in weather between the Baseline Period and the Guarantee Year; and documented or otherwise conclusively established metering errors for the Baseline Period and/or any Guarantee Year adversely affecting energy usage measurement.
Base Year Adjustments. The Baseline shall be adjusted to reflect:
Base Year Adjustments. If Taxes for the Base Tax Year are reduced as the result of protest or otherwise, Landlord may use the final reduced amount of Taxes for the Base Tax Year to compute Tenant's obligations for increases in Taxes during the Term. In such case, Tenant shall pay Landlord, within fifteen (15) days after notice, any additional amount of Taxes required by such computation for any period that has theretofore occurred during the Term following the Base Tax Year. Landlord may exclude from Base Year Expenses any non-recurring items, including capital expenditures otherwise permitted under Article 30 (and shall only include the amortization of such expenditures in subsequent year Expenses to the extent permitted under Article 30). If Landlord eliminates from any subsequent year Expenses a recurring category of Expenses previously included in Base Year Expenses, Landlord may subtract such category from Base Year Expenses commencing with such subsequent year.
Base Year Adjustments. If Landlord eliminates a recurring category of expenses from any Computation Year’s Basic Operating Costs which category was previously included in the Base Year, Landlord may subtract such category from the Base Year commencing with such Computation Year. If Landlord adds a recurring category of expenses to any Computation Year’s Basic Operating Costs which category was previously not included in the Base Year, Landlord shall add such category to the Base Year commencing with such Computation Year. Increases in Basic Operating Costs and Property Taxes shall be determined separately, and a reduction or an increase in the aggregate amount of Basic Operating Costs or Property Taxes in any Computation Year shall not be applied to reduce or increase any increase otherwise applicable to the other category. Tenant shall not be entitled to any reduction, refund, offset, allowance or rebate in Base Rent if the Basic Operating Costs or Property Taxes for any Computation Year are less than the Basic Operating Costs or Property Taxes incurred relating to Basic Operating Costs and/or Property Taxes, as applicable, during the Base Year.
Base Year Adjustments. If Taxes for the Base Tax Year are reduced as a result of protest or otherwise, Landlord may use the final reduced amount of Taxes for the Base Tax Year to compute Tenant’s obligations for increases in Taxes during the Term. In such case, Tenant shall pay Landlord, within thirty (30) days after notice, any additional amount of Taxes required by such computation for any period that has theretofore occurred during the Term following the Base Tax Year. Landlord may also use sound management and accounting practices to normalize Base Expense Year Expenses by reducing or excluding from Base Expense Year Expenses: (i) any unusual costs or cost increases, including any market-wide energy cost spikes or increases, surcharges, or energy taxes, due to war, terrorism, boycotts, xxxxx-outs or hurricanes, and (ii) the amortization of capital expenditures otherwise permitted under Article 30 (provided amortization of capital expenditures shall only be included in subsequent year Expenses to the extent permitted under Article 30). If Landlord eliminates from any subsequent year Expenses a recurring category of Expenses previously included in Base Expense Year Expenses, Landlord may subtract such category from Base Expense Year Expenses commencing with such subsequent year.
Base Year Adjustments. If Taxes for the Base Year are reduced as the result of protest, or by means of agreement, or as the result of legal proceedings or otherwise, Landlord shall adjust Tenant's obligations for Taxes in all years following the Base Year, and Tenant shall pay Landlord within 30 days after notice any additional amount required by such adjustment for any such years or portions thereof that have theretofore occurred. Landlord shall exclude from Base Year Expenses any non-recurring items, including capital expenditures otherwise permitted under Article 32 of the Lease (and shall only include the amortization of such expenditures in subsequent year Expenses to the extent permitted under Article 32, including any remaining amortization of permitted capital expenditures made prior to or after the Commencement Date). If Landlord eliminates from any subsequent year Expenses a recurring category of expenses previously included in Base Year Expenses, Landlord may subtract such category from Base Year Expenses commencing with such subsequent year.
Base Year Adjustments. Operating Costs and Insurance Costs for the Base Year shall be adjusted as follows:
Base Year Adjustments. The third sentence of Section H of Article 3 of the Original Lease is hereby deleted and replaced with the following: “Landlord may also use sound management and accounting practices to normalize Base Year Expenses by reducing or excluding from Base Year Expenses: (i) any unusual costs or cost increases, including any market-wide energy cost spikes or increases, surcharges, or energy taxes, due to war, terrorism, boycotts, bxxxx-outs or hurricanes, and (ii) the amortization of capital expenditures otherwise permitted under Article 30 (provided amortization of capital expenditures shall only be included in subsequent year Expenses to the extent permitted under Article 30).”
Base Year Adjustments. If Taxes for the Base Tax Year are reduced as the result of protest, or by means of agreement, or as the result of legal proceedings or otherwise, Landlord shall adjust Subtenant's obligations for Taxes in all years following the Base Tax Year, and Subtenant shall pay Landlord within thirty (30) days after notice any additional amount required by such adjustment for any such years or portions thereof that have theretofore occurred. Provided, if the Taxes for the Base Tax Year are contested, Landlord also agrees to contest, and to diligently prosecute such contest, the Taxes assessed for any subsequent years through and including the year in which final determination of the Taxes for the Base Tax Year is rendered. Landlord shall exclude from Base Year Expenses any non-recurring items, including capital expenditures. If Landlord eliminates from any subsequent year Expenses a recurring category of expenses previously included in Base Year Expenses (and which Expense is not otherwise picked up in a new or other existing category of Expense), Landlord may subtract such category from Base Year Expenses commencing with such subsequent year.
Base Year Adjustments. If Taxes for the Base Tax Year are reduced as the result of protest, or by means of agreement, or as the result of legal proceedings or otherwise, Landlord shall adjust Tenant's obligations for Taxes in all years following the Base Tax Year, and Tenant shall pay Landlord within 30 days after notice any additional amount required by such adjustment for any such years or portions thereof that have theretofore occurred. Landlord shall exclude from Base Year Expenses any non-recurring items, including capital expenditures otherwise permitted under Article 32 of the Lease (and shall only include the amortization of such expenditures in subsequent year Expenses to the extent permitted under Article 32, including any remaining amortization of permitted capital expenditures made prior to or after the Commencement Date). If Landlord eliminates from any subsequent year Expenses a recurring category of expenses previously included in Base Year Expenses, Landlord may, but shall not be obligated to subtract such category from Base Year Expenses commencing with such subsequent year. Similarly, expense categories may be added to subsequent lease years operating expenses and theses added expenses shall be included when calculating Tenant's share of operating expenses so long as those added expenses are permitted to be under provisions in this Lease. Landlord shall have no obligation to adjust any base year's operating expense retroactively when permitted categories of operating expense are added to subsequent operating years.
