Common Area Charges. Tenant shall pay to Landlord, as additional rent, an amount equal to One Hundred percent (100.00%) of the total common area charges as defined below. Tenant’s percentage share of common area charges shall be paid as follows. Tenant’s estimated monthly payment of common area charges payable by Tenant during the calendar year in which the term commences is set forth in paragraph 4(b) of this lease. Prior to the commencement of each succeeding calendar year of the term (or as soon as practicable thereafter, Landlord shall deliver to Tenant a written estimate of Tenant’s monthly payment of common area charges. Tenant shall pay, as additional rent, on the first day of each month during the term in accordance with paragraph 4(b) of the lease, its monthly share of common area charges as estimated by Landlord. Within one hundred twenty (120) days of the end of each calendar year and of the termination of this lease (or as soon as practicable thereafter), Landlord shall deliver to Tenant a statement of actual common area charges incurred for the preceding year. If such statement shows that Tenant has paid for less than its actual percentage, then Tenant shall on demand pay to Landlord the amount of such deficiency. If Tenant fails to pay such deficiency due within ten (10) days after demand, Tenant shall pay an additional ten percent (10%) of the amount due as a penalty. If such statement shows that Tenant has paid more than its actual percentage share then Landlord shall, at its option, promptly refund such excess to Tenant or credit the amount thereof to the common area charge next becoming due from Tenant. Landlord reserves the right to revise any estimate of common area charges if actual or projected common area charges show an increase or decrease in excess of 10% from any earlier estimate for the same period. In such event, Landlord shall deliver the revised estimate to Tenant, together with an explanation of the reasons therefore, and Tenant shall revise its payments accordingly. Landlord’s and Tenant’s obligation with respect to adjustments at the end of the term or earlier expiration of this lease shall survive such termination or expiration. “Common area charges,” as used in this lease, shall include, but not be limited to, (i) all items identified in paragraphs 8, 9, 11, 12, 13 and 16 as being common area charges; (ii) amortization of such capital improvements having a useful life greater than one year as Landlord may have installed for the purpose of re...
Common Area Charges. In addition to the rental and other charges herein provided to be paid by Lessee to Lessor, Lessee shall pay to Lessor, as additional rent and as Lessee’s share of the cost of maintaining, operating, repairing and managing the Project, Lessee’s proportionate share (as defined in Section 12) of the Total Common Area Charges (as hereinafter defined) for any calendar year during the Term (the “CAM Amount”). Lessee shall pay Lessor in advance its monthly estimated proportionate share (as described in Section 12) of the CAM Amount, together with all applicable rental taxes due thereon, within ten (10) days after receipt of an invoice from Lessor setting forth Lessor’s estimate of such amount. Within ninety (90) days following the end of each calendar year during the Term or as soon thereafter as is reasonably possible, Lessor shall furnish Lessee with a statement of all Total Common Area Charges for the Project for the previous calendar year indicating the computation of Lessee’s proportionate share of the CAM Amount for such calendar year and the payments made by Lessee during such calendar year. If Lessee’s aggregate estimated monthly payments actually paid to Lessor for the calendar year are greater than Lessee’s proportionate share of the CAM Amount for such calendar year, Lessor shall promptly pay the excess to Lessee or shall apply the excess to any past due amounts owing from Lessee to Lessor; if the payments made are less than Lessee’s proportionate share, Lessee shall pay the difference to Lessor within ten (10) days of its receipt of such statement. Total Common Area Charges shall consist of all costs and expenses of every type associated with the management, repair, maintenance, and insuring of the Common Areas including, without limitation, costs and expenses for the following: gardening and landscaping; utilities, water and sewer charges; premiums for liability, property damage and casualty insurance and xxxxxxx’x compensation insurance; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight line depreciation on personal property owned by Lessor which is consumed in the operation or maintenance of the Common Areas; rental or lease payments paid by Lessor for rented or leased personal property used in the operation or maintenance of Common Areas; fees for required licenses and permits; refuse disposal charges; repairing, resurfacing, repaving, maintaining, painting, lighting, cle...
Common Area Charges. In addition to the above basic rent, and as additional rent, Tenant shall pay to Landlord, subject to adjustments and reconciliation as provided in paragraph 16 of this lease, the sum of Three Thousand Seven Hundred and Five and 00/100 Dollars ($3,705.00) on or before the first day of the first full calendar month of the term and on the first day of each and every succeeding calendar month, said sum representing Tenant’s estimated payment of its percentage share of common area charges as provided for in paragraph 16 of this lease. Payment of common area charges for any partial month shall be payable in advance and shall be prorated at the rate of 1/30th of the monthly payment of common area charges per day.
Common Area Charges. A. In addition to other amounts required to be paid by Tenant hereunder, Tenant shall pay to Landlord Xxxxxx’s proportionate share of the following costs and expenses (collectively, the “Common Area Charges”):
i. The cost of repair, maintenance and replacement of: (i) the exterior of the Building (including painting), other than those structural repairs and replacements for which Landlord is responsible pursuant to Paragraph 5; (ii) all mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment and systems forming a part of the Building or the Project of which the Building forms a part (other than the cost of repair, replacement and maintenance of the items which are the Tenant’s responsibility pursuant to Paragraph 6 which shall be paid entirely by Tenant as provided in Paragraph 6); and (iii) all other common areas and facilities constituting a part of the Building or the Project of which the Building forms a part (including, but not limited to, all paved areas in and about the Building).
ii. The cost of maintenance and replacement of the grass, shrubbery and other landscaping in and about the Building and/or the Project.
iii. The cost of operating and maintaining in a good, neat, clean and sanitary condition all parking areas, driveways, alleys and grounds in and about the Building (including trash removal).
iv. The cost of assessments under any applicable Declaration of Covenants, Restrictions and Easements (as may be amended from time to time) which are assessed by the applicable property owners association.
v. Security services (if furnished by Landlord), and the cost of operating and maintaining any property, facilities or services provided for the common use of Tenant and other lessees of the Building or the Project, which costs shall include, without limitation, management fees (or if no management company is engaged by Landlord for the management of the Project, wages and employee benefits payable to employees of Landlord or affiliates of Landlord whose duties are connected with the operation and maintenance of the Building); provided, however, such management fees (or if no management company is engaged by Landlord, such wages and benefits) shall not exceed an amount equal to three percent (3%) of the Base Rent payable under this Lease.
B. Notwithstanding the foregoing, it is agreed that with regard to Controllable Expenses (hereinafter defined), Tenant’s obligation to pay any increases in Controllable Expenses for any ye...
Common Area Charges. Tenant shall pay to Landlord during the Term hereof certain Common Area Charges (as defined below) in accordance herewith. Common Area Charges shall be allocated to Tenant and Landlord in proportion to their respective use of each of the facilities comprising the Common Areas.
Common Area Charges. Subject to adjustments as provided in paragraph 16 of the Lease and as otherwise adjusted prior to the date hereof, Tenant shall continue to pay to Landlord its percentage share of Common Area Charges, as defined in said paragraph 16 of the Lease, during the Extended Term.
Common Area Charges. Lessee shall continue to pay to Mission its share of common area charges as provided for in the Lease during the extended term.
Common Area Charges. Tenant shall continue to pay its proportionate share of common area charges as set forth in paragraphs 5 (b) and 16 of the Lease and paragraph 5 of the Second Amendment To Lease.
Common Area Charges. A. The term “Common Areas” means the parking areas, roadways, pedestrian sidewalks, driveways, sidewalks, mall, whether open or closed, delivery areas, trash removal areas, landscaped areas, security areas, public washrooms, and all other areas or improvements that may be provided by Landlord for the common use of the tenants in the Shopping Center.
B. Landlord grants Tenant and Tenant's customers and invitees the nonexclusive right to use the Common Areas, in common with others to whom the Landlord has granted or will grant a similar right.
C. Landlord reserves these rights with respect to the Common Areas:
(a) To establish reasonable rules and regulations for the use of the Common Areas (including without limitation the delivery of goods and the disposal of trash);
(b) To use or permit the use of such Common Areas by others to whom Landlord may grant or may have granted such rights in such manner as Landlord may from time to time designate, including but not limited to truck and trailer sales and special promotional events;
(c) To close all or any portion of the Common Areas to make repairs or changes, to prevent a dedication of the Common Areas or the accrual of any rights to any person or the public, or to discourage noncustomer use or parking;
(d) To construct additional buildings in the Common Areas and to change the layout of such Common Areas, including the right to add to or subtract from their shape and size, whether by the addition or relocation of buildings, improvements or otherwise;
(e) To enter into operating agreements with respect to the Common Areas; and
(f) To do such other acts in and to the Common Areas as in Landlord's judgment may be desirable.
D. Tenant will pay Landlord as a Common Area Charge Tenant's proportionate share of all costs paid or incurred by Landlord in operating and maintaining the Common Areas, including without limitation: cleaning, window washing, landscaping, lighting, heating, air conditioning, maintaining, painting, repairing, and replacing (except to the extent proceeds of insurance or condemnation awards are available) the enclosed malls and other enclosed Common Areas; maintaining, repairing, replacing, cleaning, lighting, removing snow and ice from, painting, and landscaping all vehicle parking areas and other outdoor Common Areas, including any Shopping Center pylon and sign; providing security; seasonal holiday decorations; removing trash from the Common Areas; total compensation and benefits (including pr...
Common Area Charges. Tenant shall pay to Landlord, as Additional Rent, upon demand but not more often than once each calendar month, an amount equal to Tenant’s Pro Rata Share of the Common Area Charges as defined in Subparagraph 8.B and Paragraphs 9, 11 and 13 of this Lease. Tenant acknowledges and agrees that the Common Area Charges shall include an additional two percent (2%) of the actual expenditures in order to compensate Landlord for accounting, management and processing services; said inclusion shall be the maximum amount Landlord may charge for property management during the Term. Common Area Charges will not include the following:
(i) any capital item whatsoever, except for capital improvements performed: (a) for the purpose of causing a net reduction in Common Area Charges, (b) for the purpose of protecting the safety of Project occupants, or (c) for the purpose of complying with any law first enacted and enforced against the Project following the Commencement Date (collectively, the “Permitted Capital Expenditures”), provided, however, that any Permitted Capital Expenditures shall, for the purpose of inclusion in Common Area Charges, be amortized over the useful life of the capital improvement in question, as reasonably determined by Landlord in accordance with sound property management practices, together with interest at a commercially reasonable rate, and only the monthly amortization installment shall be included in any month’s Common area Charges;
(ii) Landlord’s general corporate overhead and general and administrative expenses, including costs relating to accounting, payroll, legal and computer services which are partially or totally rendered in locations outside the Building;
(iii) salaries of officers, executives or other employees of Landlord or individuals who hold a position which is generally considered to be higher in rank than the position of the manager of the Building or the chief engineer of the Building;
(iv) debt service payments on or related to any indebtedness or any other amounts payable under any ground lease;
(v) any costs incurred to test, survey, clean up, contain, xxxxx, remove or otherwise remedy any spill or discharge of Hazardous Materials which are attributable to the acts or omissions of Landlord or Landlord’s employees;
(vi) the costs of any utilities provided to the premises of other tenants or occupants of the Building;
(vii) the cost of any service sold to any tenant or occupant of the Building for which Landlord is entitled to...
