Calculation of Excess. If Tenant’s Share of Operating Expenses for any Fiscal Year, commencing with the Fiscal Year immediately following the Base Year, exceeds Tenant’s Share of the amount of Operating Expenses applicable to the Base Year, Tenant shall pay as Additional Rent to Landlord an amount equal to that excess (the “Excess”) in the manner stated in subparagraphs 5.3.2(b) and (c) below.
Appears in 2 contracts
Samples: Lease Agreement (Alliance Data Systems Corp), Lease Agreement (Overstock Com Inc)
Calculation of Excess. If Tenant’s Share of Building Allocated Operating Expenses for any Fiscal Expense Year, commencing with the Fiscal Expense Year immediately following the Base Year, exceeds Tenant’s Share of the amount of Building Allocated Operating Expenses applicable to the Base YearYear (with Building Allocated Operating Expenses for the Base Year being annualized), Tenant shall pay as Additional Rent to Landlord an amount equal to that excess (the “Excess”) in the manner stated in subparagraphs Sections 5.3.2(b) and (c) below.
Appears in 2 contracts
Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)
Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant’s Share of Operating Expenses and/or Tax Expenses for any Fiscal Year, commencing with the Fiscal such Expense Year immediately following the Base Year, exceeds Tenant’s Share of the amount of Operating Expenses applicable to 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 to Landlord Rent, an amount equal to that the excess (the “Excess”) in the manner stated in subparagraphs 5.3.2(b) and (c) below).
Appears in 1 contract
Calculation of Excess. If Tenant’s 's Share of Building Allocated Operating Expenses for any Fiscal Year, commencing with the Fiscal Year immediately following the Base Year, exceeds Tenant’s 's Share of the amount of Building Allocated Operating Expenses applicable to the Base Year, Tenant shall pay as Additional Rent to Landlord an amount equal to that excess (the “"Excess”") in the manner stated in subparagraphs 5.3.2(b) and (c) below.
Appears in 1 contract
