Common use of Calculation of Excess Clause in Contracts

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 2 contracts

Samples: Office Lease (Ticketmaster), Office Lease (Microage Inc /De/)

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Calculation of Excess. If Tenant's Share of Direct --------------------- Expenses for any Expense Year ending or commencing beginning within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year Term exceeds Tenant's Share of the amount of Direct Expenses for applicable to the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, Rent to Landlord an amount equal to the that excess (the "Excess"), in the manner stated below.

Appears in 2 contracts

Samples: Standard Full Service Gross Office Lease (Copper Mountain Networks Inc), Standard Full Service Gross Office Lease (Copper Mountain Networks Inc)

Calculation of Excess. If for any Expense Year ending or --------------------- commencing within the Lease Term, Tenant's Share of Direct Expenses for such each Expense Year exceeds Tenant's Share proportionate share of the amount of Direct Expenses for applicable to the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2herein, below, and as Additional Rent, Rent an amount equal to the excess (the "Excess")excess. The foregoing shall be referred to as Lessee's share of Basic Costs.

Appears in 2 contracts

Samples: Office Lease (Citysearch Inc), Office Lease (Ticketmaster Online Citysearch Inc)

Calculation of Excess. If Tenant’s Share of Direct Expenses for any Expense Year ending or commencing beginning within the Lease Term, Term exceeds Tenant's ’s Share of the amount of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for applicable to the Base Year, then Tenant shall pay as Additional Rent to LandlordLandlord an amount equal to that excess, in the manner set forth in Section 4.3.2, stated below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 2 contracts

Samples: Standard Modified Gross Office Lease (Bakbone Software Inc), Standard Modified Gross Office Lease (Captiva Software Corp)

Calculation of Excess. If for any Expense Year ending or --------------------- commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of the amount of Direct Expenses for applicable to the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.24.4.2, below, and as Additional Rent, an amount equal to ------------- such excess of the excess Direct Expenses, as applicable (the "Excess").

Appears in 2 contracts

Samples: Telecommunications Office Lease (Equinix Inc), Telecommunications Office Lease (Equinix Inc)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's Share of Direct Expenses for such any Expense Year ending or beginning within the Lease Term exceeds Tenant's Share of the amount of Direct Expenses for applicable to the Base Year, then Tenant shall pay as Additional Rent to LandlordLandlord an amount equal to that excess, in the manner set forth stated in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess")subsection 6.4.2.

Appears in 2 contracts

Samples: Sublease Agreement (Starent Networks, Corp.), Lease Agreement (Starent Networks, Corp.)

Calculation of Excess. If for any Expense Year ending or --------------------- commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "ExcessEXCESS").

Appears in 1 contract

Samples: Office Lease (Homestore Com Inc)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's ’s Share of Direct Expenses for such any Expense Year (other than the Base Year) ending or beginning within the Lease Term exceeds Tenant's ’s Share of the amount of Direct Expenses for applicable to the Base Year, then Tenant shall pay as Additional Rent to LandlordLandlord an amount equal to that excess, in the manner set forth in Section 4.3.2, stated below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Sublease (Hollis Eden Pharmaceuticals Inc /De/)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's ’s Share of Direct Expenses for such Expense Year exceeds Tenant's ’s Share of the amount of Direct Expenses for applicable to the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Tekelec)

Calculation of Excess. If for any For each Expense Year ending or commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an : (i) the amount equal by which Tenant’s Share of Direct Expenses for such Expense Year exceeds Tenant’s Share of the Direct Expenses for the Base Year (Tenant’s Share of such excess amount is hereinafter referred to as the excess “Excess”); and (ii) Tenant’s Share of the "Excess")Electricity Costs incurred for such Expense Year.

Appears in 1 contract

Samples: Office Lease (Active Network Inc)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of the Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Styleclick Inc)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's Share of Direct Expenses for such any Expense Year ending or beginning within the Lease Term exceeds Tenant's Share of the amount of Direct Expenses for applicable to the Base Year, then Tenant shall pay as Additional Rent to LandlordLandlord an amount equal to that excess (Excess), in the manner set forth stated in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess")Subsection 5.3.2.

Appears in 1 contract

Samples: Office Lease (Acc Consumer Finance Corp)

Calculation of Excess. If Tenant’s Share of Direct Expenses for any Expense Year ending or commencing beginning within the Lease Term, Term exceeds Tenant's ’s Share of the amount of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for applicable to the Base Year, then Tenant shall pay as Additional Rent to LandlordLandlord an amount equal to that excess ("Excess"), in the manner set forth stated in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess"subsection 4.3(b).

Appears in 1 contract

Samples: Gross Lease Agreement

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's ’s Share of Direct Expenses for such any Expense Year endilg or beginning within the Lease Term exceeds Tenant's ’s Share of the amount of Direct Expenses for applicable to the Base Year, then Tenant shall pay as Additional Rent to LandlordLandlord an amount equal to that excess (Excess), in the manner set forth stated in Section subsection 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Inpixon)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's ’s Share of Direct Building Complex Expenses allocated to the tenants of the Building pursuant to Section 4.3 above for such Expense Year exceeds Tenant's ’s Share of Direct Expenses for the Base YearExpenses allocated to the tenants of the Building, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.24.4.2, below, and as Additional Rent, an amount equal to Tenant’s Share of the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Nabriva Therapeutics PLC)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's ’s Share of Direct Expenses for such Expense Year exceeds Tenant's ’s Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Nara Bancorp Inc)

Calculation of Excess. If for any Expense Year ending or --------------------- commencing within the Lease Term, Tenant's Share of of' Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Beatnik Inc)

Calculation of Excess. If for any For each Expense Year ending or commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an : (i) the amount equal by which Tenant’s Share of Direct Expenses for such Expense Year exceeds Tenant’s Share of the Direct Expenses for the Base Year (Tenant’s Share of such excess amount is hereinafter referred to as the excess “Excess”); and (ii) Tenant’s Share of the "Excess")Utilities Costs incurred for such Expense Year.

Appears in 1 contract

Samples: Office Lease (Accelrys, Inc.)

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Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's ’s Share of Direct Expenses for such Expense Year exceeds Tenant's ’s Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, 4.3.2 below, and as Additional Rent, an amount equal to the excess (the "Excess"). It is expressly acknowledged, however, that Tenant shall not be obligated to pay any Direct Expenses until the expiration of the Base Year.

Appears in 1 contract

Samples: Office Lease (Yelp! Inc)

Calculation of Excess. If Tenant’s Share of Direct Expenses for any Expense Year ending or commencing beginning within the Lease Term, Term exceeds Tenant's ’s Share of the amount of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for applicable to the Base Year, then Tenant shall pay as Additional Rent to LandlordLandlord an amount equal to that excess (the “Excess”), in the manner set forth in Section 4.3.2, stated below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Sublease (Zogenix Inc)

Calculation of Excess. If for any Expense Year ending or --------------------- commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Tier Technologies Inc)

Calculation of Excess. If for any Expense Year ending or --------------------- commencing within the Lease Term, Tenant's Share of Direct Project Expenses allocated to the tenants of the Building pursuant to Section 4.3 above for such Expense Year exceeds Tenant's Share of Direct Expenses for the Base YearExpenses (as defined in Section 7.1 of the Summary) allocated to the tenants of the Building, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.24.4.2, below, and as Additional Rent, an amount equal to Tenant's Share of the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Venture Catalyst Inc)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's ’s Share of Direct Operating Expenses and/or Tax Expenses for such Expense Year exceeds Tenant's ’s Share of Direct Operating Expenses and/or Tax Expenses, respectively, for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Capitol Investment Corp. V)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of the applicable Annual Direct Expenses for the Base YearExpense Allowance, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, (i) Tenant's ’s Share of Direct Expenses for such Expense Year exceeds Tenant's ’s Share of Direct Expenses for the Expense Base Year and/or (ii) Tenant’s Share of Utilities Costs for such Expense Year exceeds Tenant’s Share of Utilities Costs for the Utilities Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the such excess (the "Excess").

Appears in 1 contract

Samples: Lease Agreement (Zendesk, Inc.)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease TermYear, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of the Direct Expenses for the Base YearExpense Stop, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.25.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (CPS Systems Inc)

Calculation of Excess. If for any Expense Year (after the Base Year) ending or commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (Aames Financial Corp/De)

Calculation of Excess. If for any Expense Year after calendar year 2020 ending or commencing within the Lease Term, Tenant's ’s Share of Direct Expenses for such Expense Year exceeds Tenant's ’s Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, 4.3.2 below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's ’s Share of Direct Operating Expenses for such Expense Year exceeds Tenant's ’s Share of Direct the Operating Expenses for attributable to the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").

Appears in 1 contract

Samples: Sublease Agreement (Castlight Health, Inc.)

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