Building Operating Costs. 3.2.2.1 During the Initial Term and Renewal Term, Tenant will pay to Landlord, as Additional Rent, the amounts provided in subparagraph 3.2.2 based on Tenant’s pro rata share (adjusted in accordance with 3.2.2.2 below) of the amount by which the Building Operating Costs for each 12-month period (or part thereof, pro-rated) beginning April 1, 2003, exceed the Building Operating Costs for the Operating Base Year. The “Operating Base Year” is the 12-month period ending March 31, 2003. (Tenant will pay no share of Building Operating Costs for the Operating Base Year.) Those Building Operating Costs which vary with occupancy (i.e., janitorial services, HVAC costs) will be adjusted to reflect the Building Operating Costs for such expenses Landlord would have incurred if the Building is not fully occupied. Building Operating Costs which do not vary with occupancy, such as insurance and lobby maintenance, will continue to be allocated on a pro rata basis (adjusted in accordance with 3.2.2.2 below) over the space in the Building whether or not occupied.
3.2.2.2 Tenant’s share of the increases in Building Operating Costs over Building Operating Costs for the Operating Base Year will be computed by multiplying such increases in Building Operating Costs by a fraction, the numerator of which is the rentable square footage in the Demised Premises and the denominator of which is the rentable square feet in the Building (currently 81,286). If the rentable square footage for the Demised Premises using the aforesaid computation is not adequate to account for all of the rentable square footage in the Building, when combined with the rentable square footage reflected in leases for space in the Building executed prior to the date of execution of this Lease, an adjustment will be made to Tenant’s share of the increase in such Building Operating Costs such that Landlord will not absorb any portion of the total increase which might otherwise be allocated to it as a result of any discrepancy in the shares as reflected in the individual leases. “Building Operating Costs” means and includes all costs, expenses, taxes (other than ad valorem taxes) and disbursements which Landlord pays in connection with the management, operation, maintenance, and repair of the Building and of all building systems, components and appurtenances, including the Common Area. Such costs include, but are not limited to, the costs of all utilities (not separately metered to a particular tenant), fuel, buildi...
Building Operating Costs. Subject to the Excluded Costs (as defined below) relating to the Building, the term “Building Operating Costs” means all expenses, costs, and amounts of every kind or nature that Landlord pays or incurs because of or in connection with the ownership, operation, management, maintenance, or repair of the Building (which includes the land and any parking areas located under the Building). Building Operating Costs include, without limitation, the following amounts paid or incurred relative to the Building (a) the cost of supplying utilities to all portions of the Building, including without limitation water, electricity, heating, ventilation, and air conditioning, (b) Tax Expenses relating to the Building, to the extent the Building is separately assessed by the taxing authority, (c) the cost of providing janitorial services for the Building and of operating, managing, maintaining, and repairing all building systems, including without limitation utility, mechanical, sanitary, storm drainage, and elevator systems, and the cost of supplies, tools, and equipment, as well as maintenance and service contracts in connection with those systems, (d) the cost of licenses, certificates, permits, and inspections relating to the operation of the Building, (e) the cost of contesting the validity or applicability of any government enactments that may affect the Building Operating Costs, (f) the cost of maintenance, repair, and restoration of any parking areas located under the Building (if any), including, without limitation, resurfacing, repainting, restriping, and cleaning costs, (g) fees, charges, and other costs, including administrative, management fees, and accounting costs (or amounts in lieu of such fees), whether paid to Landlord, an affiliate of Landlord’s, or a third party, consulting fees, legal fees, and accounting fees of all persons engaged by Landlord or otherwise reasonably incurred by Landlord in connection with the operation, management, maintenance, and repair of the Building, (h) wages, salaries, and other compensation and benefits of all persons engaged in the operation, maintenance, repair, or security of the Building plus employer’s Social Security taxes, unemployment taxes, insurance, and any other taxes imposed on Landlord that may be levied on those wages, salaries, and other compensation and benefits. If any of Landlord’s employees provide services for more than one project of Landlord, only the prorated portion of those employees’ wages, salarie...
Building Operating Costs. “Building Operating Costs” for the Base Year and each subsequent Calendar Year means all costs and expenses of every kind and nature, incurred by Landlord for operating, maintaining, managing, cleaning, equipping, insuring, securing, repairing, replacing, restoring and making improvements to the Building Property, including, but in no way limited to, the following (which are for broad general illustration purposes only):
Building Operating Costs. Tenant agrees to pay as additional rent the following out of pocket building operating costs and expenses incurred in the Leased Premises: all costs and expenses paid or incurred by the Landlord in maintaining, equipping, policing, securing, lighting, cleaning, painting, signing, and repairing the Building (including pipes, ducts, conduits, plate glass, electrical, and lighting fixtures but excluding exterior and structural repairs); the Premises on which the Building is located (including paving, curbs, walkways, drainage, striping, sweeping, sanding); exterior Building cleaning, pest control, refuse removal, snow removal, landscaping maintenance costs, the parking facilities and other areas (including seasonal decorations) of the Leased Premises. Tenant shall not be responsible for any management fees, indirect expenses or overhead.
Building Operating Costs. From time to time, Landlord may determine ------------------------ that certain costs otherwise included within the definition of Operating Costs more properly relate only or primarily to the Building (as a hypothetical example, elevator maintenance). If Landlord so elects, these costs will be deducted from Operating Costs and allocated only to tenants of the Building, Tenant's share of these costs will be calculated by dividing Tenant's rentable square footage by the rentable square footage in the Building, and Tenant will pay its share of these costs in the manner described in Section 7.2.
Building Operating Costs. (1) Tenant hereby agrees that for each Operating Year during the term of this Lease for which the total Building Operating Costs (as hereinafter defined) shall exceed the Building Operating Costs for the First Operating Year, Tenant shall pay to Landlord, as additional rent, an amount equal to the Occupancy Percentage of such excess within 30 days after presentation of Landlord's statement (the "Operating Statement") therefor. The Operating Statement shall indicate (i) the initial additional amount required to be paid by Tenant as additional rent as in this Article provided; (ii) the Tenant's new Adjusted Minimum Rent; and (iii) the manner in which such adjustment is computed. Landlord shall present its Operating Statement within 90 days after the commencement of each such operating Year ("Billing Date"). Tenant shall thereafter, for the balance of that operating Year and for that portion of the next operating Year until the Billing Date during such year, make monthly payments of 1/12th of such increase to reflect the change as of the Billing Date, which amounts shall be credited for the account of Tenant against the annual payment due on the succeeding Billing Date.
Building Operating Costs. The following are, without limitation, examples of Building Operating Costs:
Building Operating Costs. From time to time, Landlord may determine that certain costs otherwise included within the definition of Operating Costs more properly relate solely or primarily to less than all of the Buildings in the Project (as a hypothetical example, elevator maintenance for elevators serving only the Building). If Landlord so elects, these costs will be deducted from Operating Costs and allocated only to tenants of the applicable Building(s), Tenant’s share of these costs will be calculated by dividing Tenant’s rentable square footage by the rentable square footage leased to all tenants in the applicable Building(s) and otherwise Tenant will pay its share of these costs in the manner described in Section 6.1. Operating Costs shall not include any capital expenditure (including, without limitation, costs of repairs, alterations, additions, changes and other items which under generally acceptable accounting principles are properly classified as capital expenditures if they upgrade the building) otherwise includable in Operating Costs for the year in which it was made, they shall nevertheless be included in such Operating Costs for such year and subsequent lease years an amount equal to the original expenditure divided by the number of years of useful life thereof.
Building Operating Costs. Tenant agrees to pay their proportionate share of any increase in the building operating costs over the base year 1999 as determined by the building owners. The amount of any increase will be payable on a monthly basis separate from the base rent.
Building Operating Costs. Landlord shall maintain the Building Common Areas in good order, condition and repair. Tenant shall pay Tenant’s pro rata share (as defined below) of all costs reasonably incurred by Landlord generally in accordance with customary practices for similar buildings in San Diego County for the operation and maintenance of the Building Common Areas and for the services provided by Landlord pursuant to Section 6.2 below (“Building Operating Costs”). Building Operating Costs include, but are not limited to, costs and expenses for the following: services provided by Landlord pursuant to Section 6.2 below, pest extermination services; utilities, water and sewage charges; maintenance of parking areas; premiums for liability, property damage, fire and other types of casualty insurance on the Building Common Areas and all Building Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Building Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Building Common Areas; fees for required licenses and permits; repairing, resurfacing, repaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; reasonable reserves; provided, however, that Building Operating Costs shall not include any costs included in Project Operating Expenses. Landlord may cause any or all of such services to be provided by third parties, or by entities associated with Landlord. Landlord may, at Landlord’s election, estimate in advance and charge to Tenant monthly as Building Operating Costs, all real property taxes for which Tenant is liable under the Lease, all insurance premiums for which Tenant is liable under the Lease, and all maintenance and repair costs for which Tenant is liable under the Lease.
