Common use of Calculation and Payment of Additional Rent Clause in Contracts

Calculation and Payment of Additional Rent. Tenant shall pay to Landlord, in the manner set forth in Section 4.4.1, below, and as Additional Rent, Tenant’s Share of Direct Expenses for each Expense Year. Notwithstanding anything to the contrary contained in this Article 4, the aggregate “Controllable Expenses,” as that term is defined below, included in Direct Expenses in any Expense Year after the first (1st) Expense Year shall never be increased to an amount in excess of the amount that such Controllable Expenses would currently be had they increased, from the initial amount for such Controllable Expenses set forth in the first (1st) Expense Year, at a cumulative rate of five percent (5%) per Expense Year. For purposes of this Section 4.4, “Controllable Expenses” shall mean all Direct Expenses except: (i) Tax Expenses and any and all assessments, including assessment districts and government-mandated charges with respect to the Building or Project, or any part thereof; (ii) insurance carried by Landlord; and (iii) costs of utilities, including, without limitation, electricity, water, HVAC and sewer charges, utility surcharges and assessments, and refuse removal. The terms Controllable Expenses shall also exclude the costs of capital alterations, capital additions, capital improvements, capital repairs and capital replacements to the extent included in Operating Expenses pursuant to the definition in Section 4.2.4, above; and costs to repair caused by any casualty, vandalism or events of Force Majeure.

Calculation and Payment of Additional Rent. Tenant shall pay to Landlord, in the manner set forth in Section 4.4.1, below, and as Additional Rent, Tenant’s Share of Direct Expenses for each Expense Year. Notwithstanding anything to the contrary contained in this Article 4, the aggregate “Controllable Expenses,” (as that term is defined in this Section 4.4, below, ) included in Direct Expenses in any Expense Year after the first (1st) Expense Lease Year shall never be increased to an amount in excess of the amount that such Controllable Expenses would currently be had they increased, from the initial amount for such Controllable Expenses set forth in the first (1st) Expense Year, at a cumulative rate of not increase by more than five percent (5%) per Expense on an annual, cumulative and compounded basis, over the actual aggregate Controllable Expenses included in Direct Expenses for the first (1st) Lease Year. For purposes of this Section 4.4, “Controllable Expenses” shall mean all Direct Expenses except: (i) Tax Expenses Expenses, and any and all assessments, including assessment districts and government-mandated charges with respect to the Building or Project, or any part thereof; thereof (ii) insurance carried by LandlordLandlord with respect to Project and/or the operation thereof; and (iii) costs of utilities, including, without limitation, electricity, water, HVAC and sewer charges, utility surcharges and assessments, and refuse removal. The terms Controllable Expenses shall also exclude ; (iv) the costs of capital alterations, capital additions, capital improvements, capital repairs and capital replacements expenditures to the extent included otherwise allowed; (v) the cost of union labor (including janitorial staff and security personnel), including labor which is not union as of the date of this Lease but which unionizes after the date of this Lease, and increases in Operating Expenses pursuant wages, salaries and other compensation and benefits paid to Landlord’s employees, agents or contractors engaged in the operation, management, maintenance or security of the Building or Project, to the definition extent such increases are due to increases in Section 4.2.4the applicable minimum wage legally required to be paid to such personnel, above; and (vi) costs to repair caused by any casualtycomply with applicable laws and other governmental requirements (to the extent allowed under Section 4.2), vandalism or events of and (vii) costs relating to Force Majeure.

Calculation and Payment of Additional Rent. Commencing on the Lease Commencement Date, Tenant shall pay to Landlord, in the manner set forth in Section 4.4.1, below, and as Additional Rent, Tenant’s 's Share of Direct Expenses for each Expense YearYear during the Lease Term. Notwithstanding anything to the contrary contained in this Article 4, the aggregate “"Controllable Expenses,” " (as that term is defined in this Section 4.4, below, ) included in Direct Expenses in any Expense Year after the first (1st) Expense Lease Year shall never be increased to not increase by more than four percent (4%) on an amount in excess of annual, cumulative and compounded basis, over the amount that such actual aggregate Controllable Expenses would currently be had they increased, from included in Direct Expenses for the initial amount for such Controllable Expenses set forth in the first (1st) Expense Year, at a cumulative rate of five percent (5%) per Expense Yearprior calendar year. For purposes of this Section 4.4, “"Controllable Expenses” " shall mean all Direct Expenses except: (i) Tax Expenses Expenses, and any and all assessments, including assessment districts and government-mandated charges with respect to the Building or Project, or any part thereof; thereof (ii) insurance carried by LandlordLandlord with respect to Project and/or the operation thereof; and (iii) costs of utilities, including, without limitation, electricity, water, HVAC and sewer charges, utility surcharges and assessments, and refuse removal. The terms Controllable Expenses shall also exclude ; (iv) the costs cost of capital alterationsunion labor (including janitorial staff and security personnel), capital additionsincluding labor which is not union as of the date of this Lease but which unionizes after the date of this Lease, capital improvementsand increases in wages, capital repairs salaries and capital replacements other compensation and benefits paid to Landlord's contractors engaged in the operation, management, maintenance or security of the Building or Project, to the extent such increases are due to increases in the applicable minimum wage legally required to be paid to such personnel, (v) costs to comply with Applicable Laws and other governmental requirements (to the extent allowed under Section 4.2), and (vii) costs relating to Force Majeure. Landlord shall not (a) make a profit by charging items to Operating Expenses that are otherwise also charged separately (i.e., not as the equivalent to Operating Expenses under this Lease) to Tenant (or other tenants of the Project, if applicable), and (b) except for a management fee, and subject to Landlord's obligation to reconcile Operating Expenses described in this Article 4, collect Operating Expenses from Tenant (and all other tenants in the Project, if applicable) in an amount in excess of what Landlord incurs for the items included in Operating Expenses pursuant to the definition in Section 4.2.4, above; and costs to repair caused by any casualty, vandalism or events of Force MajeureExpenses.

Calculation and Payment of Additional Rent. Tenant shall pay to Landlord, in the manner set forth in Section 4.4.1, below, and as Additional Rent, Tenant’s 's Share of Direct Expenses for each Expense Year. Notwithstanding anything to the contrary contained in this Article 4, the aggregate “"Controllable Expenses,” " (as that term is defined in this Section 4.4, below, ) included in Direct Expenses in any Expense Year after the first (1st) Expense Lease Year shall never be increased to an amount in excess of the amount that such Controllable Expenses would currently be had they increased, from the initial amount for such Controllable Expenses set forth in the first (1st) Expense Year, at a cumulative rate of not increase by more than five percent (5%) per Expense on an annual, cumulative and compounded basis, over the actual aggregate Controllable Expenses included in Direct Expenses for the first (1st) Lease Year. For purposes of this Section 4.4, “"Controllable Expenses” " shall mean all Direct Expenses except: (i) Tax Expenses Expenses, and any and all assessments, including assessment districts and government-mandated charges with respect to the Building or Project, or any part thereof; thereof (ii) insurance carried by LandlordLandlord with respect to Project and/or the operation thereof; and (iii) costs of utilities, including, without limitation, electricity, water, HVAC and sewer charges, utility surcharges and assessments, and refuse removal. The terms Controllable Expenses shall also exclude ; (iv) Permitted Capital Expenses; (v) the costs cost of capital alterationsunion labor (including janitorial staff and security personnel), capital additionsincluding labor which is not union as of the date of this Lease but which unionizes after the date of this Lease, capital improvementsand increases in wages, capital repairs salaries and capital replacements other compensation and benefits paid to Landlord's contractors engaged in the operation, management, maintenance or security of the Building or Project, to the extent included such increases are due to increases in Operating Expenses pursuant the applicable minimum wage legally required to be paid to such personnel, (vi) costs to comply with applicable laws and other governmental requirements first enacted or made applicable to the definition in Section 4.2.4Building after the Lease Commencement Date, above; and (vii) costs relating to repair caused by any casualty, vandalism or events of Force Majeure.