CAM Charges. To the extent Tenants pay monthly estimates of common area maintenance charges, insurance, taxes and similar expenses (collectively, “CAM Charges”) with an adjustment at the end of the rent fiscal period applicable to CAM Charges under their respective Tenant Leases, such CAM Charges shall be prorated in accordance with this Section. Until the adjustment described in this Section is made, all amounts received by Seller as interim or estimated payments of CAM Charges before the Closing Date shall be retained by Seller, except that all interim estimated payments of CAM Charges received by either party for the month in which the Closing Date occurs shall be prorated as between Seller and Buyer based upon the number of days in that month and the party receiving the interim payment shall remit to (if received on or after the Closing Date) or credit (if received before the Closing Date) the other party its proportionate share. Except as aforesaid, all amounts received by Buyer as interim or estimated payments of CAM Charges on or after the Closing Date shall be retained by Buyer until year-end adjustment and determination of Seller’s allocable share thereof. No later than the Final Rent Adjustment Date, Seller’s allocable share of actual CAM Charges for Tenant Leases in effect as of the Closing Date shall be determined by multiplying the total payments due from each Tenant for the fiscal period applicable to CAM Charges (the sum of interim or estimated payments plus or minus year-end adjustments) by a fraction, the numerator of which is the number of days within that portion of the fiscal period prior to the Closing Date in which the applicable Tenant Lease is in effect, and the denominator of which is the number of days in the entire fiscal period (or that portion of the fiscal period in which the applicable Tenant Lease is in effect). If, on the basis of amounts actually incurred and the estimated payments received by Seller prior to the Closing Date, Seller has retained amounts in excess of its allocable share, it shall remit, within thirty (30) days after notice from Buyer of the excess owed Buyer, such excess to Buyer. If, on the basis of the foregoing amounts, Seller has retained less than its allocable share, Buyer shall remit, within thirty (30) days after notice from Seller of the amount owed Seller, such amount to Seller.
CAM Charges. All expenses incurred by Landlord for insurance coverage required by the provisions in Article 7.
CAM Charges. For the purpose of this paragraph 7, the cost of Common Area Maintenance (the "CAM Charges") shall include (i) Landlord's reasonable and proper direct costs and expenses of operating and maintaining the Common Areas, (ii) Landlord's overhead expenses for administering same (or in lieu thereof a management fee) in an amount not to exceed eight percent (8%) of the total of such costs (specifically excluding from such total the amounts paid by Landlord and Tenant for insurance, capital expenditures and real estate taxes) and (iii) liability and casualty insurance premiums for insuring the Common Areas. Notwithstanding the foregoing, the following shall not be included in the CAM Charges:
(1) real estate taxes paid, and maintenance performed, on outparcels or other adjacent tracts not reserved to the benefit of the Shopping Center occupants;
(2) any dues or charges for a merchants' or other association of the tenants in the Shopping Center;
(3) maintenance, repairs or replacements to the Common Areas (but no other portions of the Shopping Center), necessitated by the negligent or wrongful act of the Landlord or made to correct any construction defect (including, without limitation, repairs necessitated by a change in a code, law or regulation, when such repair is not attributable to a specific use of Tenant or Tenant's assignee or sublessee), to any interior mall space or to any buildings (including exterior walls thereof) or utility systems not part of the Common Areas;
(4) repairs or replacements necessitated by any governmental entity or by the negligence or the wrongful action of Landlord (including failure to construct any portion of the Shopping Center in accordance with plans or specifications therefor) or any other tenant or made to correct any initial construction defect in existence prior to the Commencement Date of this Lease or to correct damage caused by subsidence or adverse or substandard soil conditions;
(5) amounts paid to entities related to Landlord in excess of the cost of such services from any competitive source;
(6) amounts reimbursable from insurance proceeds, under warranty or by Tenant, any other tenant in the Shopping Center or any other third party other than pursuant to a Common Area expense provision similar to this paragraph 7;
(7) premiums for Common Area liability insurance for coverage in excess of the limits established in paragraph 14(e) below;
(8) replacements of a capital nature, unless the costs of same are amortized over...
CAM Charges. During the Lease Term, Tenant shall pay to Landlord, as Additional Rent, Tenant’s share of all common area electrical, grounds maintenance, security services (if any) and other common area charges and expenses (the “CAM Charges”), as provided below. The term “grounds maintenance” shall include, without limitation, all landscaping, planting, lawn and grounds care, all maintenance of and improvements to the grounds and other common areas adjacent to the Premises and to all sidewalks, driveways, loading areas, parking areas, and all snow removal. For the purposes of this Lease, “common areas” or “Common Areas” shall mean those areas of the Park outside of the Premises and outside of the leased premises of any other tenant of the Park which are to be maintained by Landlord.
CAM Charges a. The Developer will impose, collect and spend the CAM Charges on the operation and maintenance of the Public Improvements as presented in the Final Operations and Maintenance Budget.
b. If the amount actually collected in any fiscal year is less than what was budgeted, the Developer will provide the District with information regarding the revenues received and expended on the operations and maintenance of the Public Improvements to be used by the District in formulating a plan to address the deficiency to be submitted to the Town as required by the Amended and Restated Operations and Maintenance Agreement.
CAM Charges. In addition to the rent set forth above, County shall pay Lessor the County’s Proportionate Share of CAM Charges. The terms “Proportionate Share” and “CAM Charges” are defined below. Lessor shall invoice County for any CAM Charges within ninety days after the end of each calendar year during the Term. County shall pay the amount so invoiced within thirty days of receipt of the invoice. County has the right, exercisable upon reasonable prior written notice to Lessor, to inspect Lessor’s books and records relating to the amounts charged to County as CAM Charges. County may not withhold payment of the invoice until after the completion of such inspection.
CAM Charges. If any common area maintenance charges ("CAM Charges") and/or other payments due from tenants for any period prior to the Adjustment Date (A) have been billed as of the Adjustment Date based upon an estimated budget and are subject to recalculation and adjustment after the Adjustment Date based upon actual common area maintenance expenses, (B) have not been billed, and/or (C) if billed, have not been collected by Seller as of the Closing Date, then Buyer promptly will adjust CAM Charges to actual expenses, and upon receiving any CAM Charges and/or other payments (including such adjusted payments) from Tenants will pay over to Seller the proportion of such CAM Charges and/or other payments from Tenants which is due Seller for the period prior to the Adjustment Date. Notwithstanding the foregoing, CAM Charges and/or other payments due from tenants, to the extent ascertainable and payable, will be credited and paid to Seller, on an as collected basis. Buyer will exercise reasonable diligence in the collection of any such amounts and will pay to Seller, within five (5) days after receipt, the amount to which Seller is entitled hereunder. The provisions of this Section 4.5(a) will survive Closing and delivery of the deed of conveyance.
CAM Charges. To Seller's knowledge, Seller is not delinquent in its obligation to pay any common area maintenance charges under any reciprocal easement agreement.
CAM Charges. Tenant shall pay as additional rent to Landlord a proportionate share of the costs and expenses of maintaining and operating said space (excluding the 350 square feet in the basement level) as described in attached Exhibit B. Commencing the first day of first calendar month within the term of this Lease, Tenant shall pay calendar monthly operating charges in the amount of $1,043.63 which is calculated to be the Tenant’s proportionate share of the costs and expenses in maintaining and operating the said space including Tenant’s proportionate share of taxes, special assessments, snow removal, lawn care, and common area maintenance expense until the termination of the original term of this Lease. The space located in the basement will not be charged any CAM Fees.
CAM Charges. CAM Charges shall continue to be estimated for this extended Term of the Lease. CAM Charges are estimated as of the date of this Fourth Amendment to be $0.15 per rentable square feet per month and shall be reconciled quarterly.
