Cap on Controllable Expenses. Notwithstanding anything to the contrary contained in this Article 4, the aggregate "Controllable Expenses" (as hereinafter defined) included in Operating Expenses in any Expense Year after the Expense Base Year shall not increase by more than [***] on an annual, cumulative and compounded basis, over the actual aggregate Controllable Expenses included in Operating Expenses for any preceding Expense Year (including the Expense Base Year), but with no such limit on the amount of Controllable Expenses which may be included in the Operating Expenses incurred during the Expense Base Year. For purposes of this Section 4.3.5, "Controllable Expenses" shall mean all Operating Expenses except: (i) insurance carried by Landlord with respect to the Real Property and/or the operation thereof; and (ii) costs of capital expenditures, including, without limitation, costs of capital improvements, capital alterations, capital repairs, capital equipment and capital tools. The provisions of this Section 4.3.5 do not apply to Tax Expenses or Utilities Costs.
Cap on Controllable Expenses. Notwithstanding anything in this Lease to the contrary, Tenant will be responsible for Tenant’s Proportionate Share of Real Estate Taxes, Insurance Premiums, utilities, janitorial services, snow removal, landscaping and charges assessed against or attributed to the Building pursuant to any applicable declaration of protective covenants (“Uncontrollable Expenses”), without regard to the level of increase in any or all of the above in any year or other period of time. Tenant’s obligation to pay all other Building expenses which are not Uncontrollable Expenses (herein “Controllable Expenses”) shall be limited to a ten percent (10%) per annum increase over the amount the Controllable Expenses for the immediately preceding calendar year would have been had the Controllable Expenses increased at the rate of ten percent (10%) in all previous calendar years beginning with the actual Controllable Expenses for the year ending December 31, 2002.
Cap on Controllable Expenses. Notwithstanding anything to the contrary contained in this Lease, Landlord hereby agrees that, for purposes of computing Tenant’s obligations for Expenses, increases in Controllable Expenses (as defined below) during the initial Term shall not exceed six percent (6%) of Controllable Expenses (the “Controllable Expense Cap”), on an average, cumulative basis, subject to the following provisions: (i) “Controllable Expenses” for purposes hereof shall mean all Expenses, except that Landlord may exclude therefrom Utility Costs, Taxes and other costs imposed or established by governmental or regulatory authorities and Insurance, (ii) “average, cumulative basis” for purposes hereof shall mean that, if Controllable Expenses either decrease, or increase by less than the foregoing Controllable Expense Cap amount, in any year or years, then Landlord may apply the difference between Controllable Expenses and the Controllable Expense Cap for such year or years so as to increase the Controllable Expense Cap in another year or years, so long as Controllable Expenses do not exceed the foregoing Controllable Expense Cap on an average, cumulative basis during the initial Term, and (iii) this provision is personal to the Tenant first named in this Lease, and shall no longer apply if Tenant assigns this Lease by operation of law or otherwise or subleases all or a material portion of the Premises. For example, if Controllable Expenses increase by 5% in 2003 and 5% in 2004, they could increase by 8% in 2005 because they would not increase by more than 6% per year on an average, cumulative basis, if Controllable Expenses then increase by a further 8% in 2006, they would be limited to the 6% cap amount for purposes of computing Tenant’s obligations for 2006 in order to keep within the 6% average, cumulative increase. If Controllable Expenses then increase by only 4% in 2007, Landlord may include the extra 2% that Landlord was prevented from using in 2006, so long as Tenant’s obligations for Controllable Expenses do not increase by more than 6% per year on an average, cumulative basis.
Cap on Controllable Expenses. Notwithstanding any provision in this Lease to the contrary, Controllable Expenses (as hereinafter defined) shall not increase by more than four percent (4%) per annum, on a cumulative and compounding basis, throughout the Lease Term (as may be extended). For purposes of this Section, “Controllable Expenses” shall mean the sum of all Other Periodic Payments which the Landlord is responsible for, as determined in accordance with the terms of this Lease, other than (i) Real Property Taxes; (ii) insurance premiums; (iii) utilities; (iv) snow and ice removal expenses; (v) security; (vi) trash service; (vii) fire protection monitoring; (viii) alarm monitoring; (ix) municipal fees or charges; and (x) maintenance costs under Sections 6.03(a)(i), 6.03(a)(iv), and 6.03(a)(v) (to the extent such maintenance costs under Section 6.03(a)(v) relate to the Common Areas).
Cap on Controllable Expenses. Notwithstanding anything to the contrary above or elsewhere in this Lease, that portion of Tenant’s pro rata share of Controllable Operating Costs exceeding one hundred five percent (105%) of Tenant’s pro rata share of Controllable Operating Costs for the preceding calendar year (taking into account the cap for such prior year described in this paragraph), if any, shall be excluded from Operating Expenses for that calendar year. As used herein, “Controllable Operating Costs” means all Operating Expenses other than utilities, insurance premiums, snow plowing and Real Estate Taxes.
Cap on Controllable Expenses. Notwithstanding anything to the contrary contained in this Article 4, the aggregate “Controllable Expenses” (as hereinafter defined) included in Operating Expenses in any Expense Year after the Expense Base Year shall not increase by more than five percent (5%) on an annual, cumulative and compounded basis, over the actual aggregate Controllable Expenses included in Operating Expenses for any preceding Expense Year (including the Expense Base Year), but with no such limit on the amount of Controllable Expenses which may be included in the Operating Expenses incurred during the Expense Base Year. For purposes of this Section 4.3.4, “Controllable Expenses” shall mean all Operating Expenses except: (i) insurance carried by Landlord with respect to the Real Property and/or the operation thereof; (ii) costs of capital expenditures which constitute Operating Expenses under Section 4.2.4(xi)(B) above; and (ii) wages, salaries and other compensation and benefits paid to Landlord’s employees, agents or contractors engaged in the operation, management, maintenance (including, but not limited to, janitorial and cleaning services) or security of the Building or Real Property, to the extent such wages, salaries and other compensation subject to collective bargaining agreements or government mandated requirements including, but not limited to, prevailing wage laws and similar requirements. The provisions of this Section 4.3.4 do not apply to Tax Expenses or Utilities Costs.
Cap on Controllable Expenses. Notwithstanding anything to the contrary set forth in Article 4 of the Office Lease, in no event shall "Controllable Expenses" (as that term is defined below) for any Expense Year following the 2016 Expense Year exceed the amount such Controllable Expenses would have been had they increased at a rate of five percent (5%) per annum. For purposes of this Lease, "Controllable Expenses" shall mean all costs and expenses (other than those expressly identified as exceptions, below) incurred by Landlord in the ownership, maintenance, and operation of the Project, including without limitation, (i) the fee charged for the property management of the Project, (ii) the amount of rent, if applicable, charged to Operating Expenses as rent for the Project management office, and (iii) the costs of janitorial service contracts, security service contracts, landscaping contracts, HVAC maintenance contracts, elevator maintenance contracts, and life safety maintenance contracts; provided, however, that notwithstanding anything contained in this paragraph to the contrary, Controllable Expenses shall not include (A) the cost of union labor, which shall include current union labor as of the date of this Third Amendment and labor which is not union as of the date of this Third Amendment but which unionizes after the date of this Lease, (B) market-wide labor-rate increases due to extraordinary circumstances, including without limitation, boycotts and strikes, (C) costs incurred due to an event of "Force Majeure," as that term is defined in Section 29.16 of the Office Lease, and (D) costs incurred to comply with "Applicable Laws," as that term is defined in Article 24 of the Office Lease. 4.4
Cap on Controllable Expenses. Notwithstanding the terms and provisions hereof, for each Lease Year subsequent to the first full Lease Year, Tenant’s Percentage Share of Controllable Expenses (as defined below) will not exceed Tenant’s Maximum Share (as defined below) for such Lease Year. For the purposes hereof, “Tenant’s Maximum Share” means (a) for the second Lease Year, 105% of Tenant’s Percentage Share of Controllable Expenses for the first full Lease Year, and (b) for each Lease Year thereafter, 105% of Tenant’s Maximum Share for the prior Lease Year. For the purposes of this Section 1.18, “Controllable Expenses” means all Operating Expenses other than Taxes, Utilities Costs, snow and ice removal and Insurance Costs.
Cap on Controllable Expenses. Notwithstanding the provisions of this Article V, Xxxxxxxx agrees that the amount of Controllable Expenses (as defined below) shall not increase from year to year by more than five percent (5%) on a cumulative and compounding basis from the previous year. The Controllable Expenses for the first Lease Year shall not exceed $3.41 per rentable square foot. "Controllable Expenses" shall mean all "common area expenses" except for expenses which are not subject to Landlord’s reasonable control, including, without limitation, the cost and expense of snow removal/salting, security, real estate taxes, insurance and utilities.
Cap on Controllable Expenses. Beginning after the second (2nd) full calendar year during the Primary Term, in the event that the amount of Operating Expenses for the Building attributable to all items other than taxes, utilities, insurance (including any commercially reasonable deductibles), snow removal, capital expenditures, including Code Modifications, management fees and charges assessed against or attributed to the Building pursuant to any applicable declaration of protective covenants (Operating Expenses attributable to all such other items being referred to collectively herein as "Controllable Expenses") in any calendar year after such second (2nd) full calendar year exceeds the amount attributable to Controllable Expenses for the Building during the immediately preceding calendar year by more than five percent (5%) (the "Cap"), then the amount attributable to Controllable Expenses for the Building, for purposes of determining the amount of Tenant's Operating Expense Percentage of Operating Expenses only (as Tenant's Operating Expense Percentage may have been adjusted to account for any changes in the size of the Demised Premises due to expansions or contractions), shall be limited to the amount attributable to Controllable Expenses for the Building for the immediately preceding calendar year multiplied by the sum of one hundred percent (100%) and the Cap. If the Building was not fully leased or occupied during such immediately preceding calendar year, then Operating Expenses for the Building shall be "grossed-up" (as if the Building had been fully leased for the entirety of such immediately preceding calendar year) on such basis as Landlord may reasonably determine for purposes of determining the application of this Special Stipulation to the year in question.
