Common use of Calculation of Excess Clause in Contracts

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, (i) Tenants Building Share of Building Operating Expenses for such Expense Year exceeds Tenant's Building Share of Building Operating Expenses for the Expense Base Year and/or (ii) Tenants Project Share of Project Operating Expenses for such Expense Year exceeds Tenants Project Share of Project Operating Expenses for the Expense Base Year and/or (iii) Tenant's Project Share of Tax Expenses for such Expense Year exceeds Tenants Project Share of Tax Expenses for the Tax Expense Base Year, and/or (iv) Tenant's Building Share of Building Utilities Costs for such Expense Year exceeds Tennis Building Share of Building Utilities Costs for the Utilities Base Year, and/or (v) Tenants Project Share of Project Utilities Costs for such Expense Year exceeds Tenants Project Share of Project Utilities Costs for the Utilities Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 432, below, and as Additional Rent, an amount equal to -each such applicable excess (collectively, the "Excess"); provided, however, that in no event shall Tenant be liable for any excess during the Base Rent Abatement Period.

Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, (i) Tenants Building Tenant’s Share of Building Operating Expenses allocated to the Building pursuant to Section 4.3.4 below for such Expense Year exceeds Tenant's Building ’s Share of Building Operating Expenses allocated to the Building for the Expense Base Year Year, and/or (ii) Tenants Project Tenant’s Share of Project Operating Tax Expenses allocated to the Building pursuant to Section 4.3.4 below for such Expense Year exceeds Tenants Project Share of Project Operating Expenses for the Expense Base Year and/or (iii) Tenant's Project Xxxxxx’s Share of Tax Expenses for such Expense Year exceeds Tenants Project Share of Tax Expenses allocated to the Building for the Tax Expense Base Year, and/or (iviii) Tenant's Building ’s Share of Building Utilities Costs allocated to the Building pursuant to Section 4.3.4 below for such Expense Year exceeds Tennis Building Tenant’s Share of Building Utilities Costs for allocated to the Utilities Base Year, and/or (v) Tenants Project Share of Project Utilities Costs for such Expense Year exceeds Tenants Project Share of Project Utilities Costs Building for the Utilities Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4324.3.2, below, and as Additional Rentadditional rent, an amount equal to -each such excess of the applicable excess Operating Expenses, Tax Expenses and/or Utilities Costs (collectivelythe “Excess”). For any partial year within the Lease Term, the "Excess"); providedExcess shall be calculated by comparing Tenant’s Share of Operating Expenses, howeverTenant’s Share of Tax Expenses and/or Tenant’s Share of Utilities Costs for such partial Expense Year, that in no event shall Tenant be liable for any excess during as applicable, to the comparable prorata portion of Tenant’s Share of Operating Expenses, Tenant’s Share of Tax Expenses and/or Tenant’s Share of Utilities Costs applicable to the Expense Base Rent Abatement PeriodYear, Tax Expense Base Year or Utilities Base Year, as the case may be.