Common Area Maintenance Charges. Lessee shall pay to Lessor monthly, on the first day of each and every calendar month throughout the lease term, plus applicable sales, use or rent tax or any other similar tax due thereon, in addition to the Minimum Rent and as additional rent hereunder, its pro rata share of the common area maintenance and operating expenses incurred by Lessor for the Premises and the property of which the Premises forms a part, which expenses shall be deemed to include, without limitation, expenses for Lessor's maintenance of the entryways, sidewalks, parking areas, landscaping, and snow removal. Lessor may estimate said amount and collect one-twelfth (1/12) of such estimate monthly in advance. Utility charges deemed to be part of the common area maintenance and operating expenses shall include charges that are not separately metered or assessed or are only partially separated metered or assessed and are used in common with other tenants of the property of which the Premises forms a part. Lessee will pay to Lessor its pro rata share of such charges to the extent that such charges are not included under the paragraph titled "Utilities" below. Lessee's pro rata share of common area maintenance and operating expenses shall be the proportion which the square footage of the Premises (excluding drive-thru) bears to the total leasable square footage of the property of which the Premises forms a part and at the commencement of the Lease is agreed to be 54 percent. This shall not change during the term of this Lease unless Lessee leases more space from Lessor.
Common Area Maintenance Charges. In addition to the Monthly Base Rent payable to City hereunder, LAWA reserves the right, in its sole discretion, to impose "Common Area Maintenance Expenses" (as defined in Section 4.3.2) charges on concessionaires operating in Terminals 4, 5, 7 and 8. If so imposed, CEO shall amend the Basic Information. If so imposed, on and after the Unit Commencement Date, Concessionaire shall pay to City with respect to each Unit as Additional Rent the applicable Share for such Unit set forth in the Basic Information (as so amended) of all Common Area Maintenance Expenses based upon City's most recent estimate of the projected Common Area Maintenance Expenses, as adjusted in accordance with Section 4.3.3 below. Common Area Maintenance Expenses.
1. Cleaning of Common Area seating areas;
Common Area Maintenance Charges. The Fixed Minimum Rent payable hereunder includes Tenant's Proportionate Share (as hereinafter defined) of all costs and expenses associated with Common Area Maintenance Charges ("C.A.M.") incurred by Landlord during the calendar year 2004 ("Base Year") in connection with the ownership, management, maintenance, repair and operation of Landlord's Property, including, without limitation, a heating, ventilating and air-conditioning annual service agreement; maintaining, repairing, replacing, striping and sweeping parking lots, driveways and private roads, loading areas and easement areas; all electricity, sewer, water and other utility costs in connection with the Common Areas not separately metered to tenants; sewer and water usage for the Premises; landscape maintenance and replacement, snow removal; dumpster service; costs and expenses incurred by Landlord in protesting Taxes (as hereinafter defined), and all other items reasonably necessary for the operation or preservation of Landlord's Property in a first-class condition, including any replacement or structural reserves; the cost of providing the fire monitoring for the Premises as provided by Silent Security Signal, a Division of Cleveland Security Patrol; and an administration fee equal to seven and one-half percent (7.5%) of the foregoing costs. In the event that the Landlord's costs and expenses associated with C.A.M. exceeds the amount payable during the Base Year, then, subject to the limitation hereinafter set forth, in such event, Tenant shall pay to Landlord in equal monthly installments, in advance with payments of Fixed Minimum Rent, an amount equal to one-twelfth (1/12th) of the estimated amount of Tenant's Proportionate Share of C.A.M. Notwithstanding the foregoing, if Landlord's costs and expenses associated with C.A.M. exceed the amount payable during the Base Year, in no event shall Tenant's
Common Area Maintenance Charges. Considering that the common area maintenance fee of the Property/Subleased Area, currently paid by virtue of the Lease Agreement entered into by SUBLESSOR (repeat, as lessee), totals the annual share of three million, five hundred and eighty-three thousand, eight hundred and thirty-six Reais (R$3,583,836.00) (monthly, two hundred and ninety-eight thousand, six hundred and fifty-three Reais (R$298,653.00)) (“Lease Common Area Maintenance Fee”), the Parties agree that the amount of the share due by SABER and SOMOS to SUBLESSOR, by virtue of this Agreement and in relation to the apportionment of Common Area Maintenance Fee, shall be equivalent to: (i) SOMOS, twenty-five percent (25%) of the Lease Common Area Maintenance Fee, hereby representing (a) eight hundred and ninety-five thousand, nine hundred and fifty-nine Reais (R$895,959.00) in the annual share, and (b) seventy-four thousand, six hundred and sixty-three Reais, and twenty-five cents (R$74,663.25)) in the monthly share; and (ii) SABER, twelve point five percent (12.5%) of the amount of the Common Area Maintenance Lease, hereby representing (a) four hundred and forty-seven thousand, nine hundred and seventy-nine Reais, and fifty cents (R$447,979.50) in the annual share, and (b) thirty seven thousand, three hundred and thirty-one Reais, and sixty-two cents (R$37,331.62).
Common Area Maintenance Charges. Sublessee shall be responsible for, and shall pay to Sublessor on demand, any and all costs, fees, charges, assessments, expenses or payments for which Sublessor is obligated or liable under the Master Lease with respect to the operation, maintenance and repair of common area of the Leased Premises. “Common area” shall include, without limitation, those areas in or about the property of which the Leased Premises are a part, which have been set aside for the general use, convenience and benefit of the occupants of the property and their customers and employees, including, without limitation, the automobile parking areas, sidewalks, landscaped areas and other areas for pedestrian and vehicular use. To the extent Sublessor pays estimated amounts for such common area expenses, Sublessee shall pay such amounts to Sublessor on demand from Sublessor and shall be entitled to reimbursements and/or offsets against future common area expenses as such reimbursements or offsets are received by Sublessor.
Common Area Maintenance Charges. Tenant covenants to pay Landlord, as additional rent, Tenant's Share of all reasonable costs incurred for common area maintenance, which includes, but is not limited to, snow removal, parking lot maintenance, grass cutting, grounds maintenance, landscaping, security and common area electric, during the term of the Lease. Such charges shall be billed in arrears not more frequently than monthly, nor less frequently than annually, and all such xxxxxxxx shall include copies of actual bills to Landlord and will become due and payable thirty (30) days after they are billed to the Tenant.
Common Area Maintenance Charges. All costs of the ownership, operation, and maintenance of the common area, including, but not limited to, those costs for security, lighting, painting, cleaning, leasing, inspecting, and repairing which may be incurred by Landlord, in its discretion, including a reasonable allowance for Landlord's overhead and management. The term "common area" is defined as that part of the Property intended for the common use of all tenants, including, but not limited to, the parking areas, landscaping, loading areas, sidewalks, malls, promenades (enclosed or otherwise), public rest rooms, meeting rooms, corridors, and curbs. Common area maintenance shall not include depreciation on Landlord's original investment, cost of tenant improvements, real estate broker's fees, and interest or depreciation on capital investments.
Common Area Maintenance Charges. All reimbursable expenses shall be reconciled at Closing, such that if Seller has collected sums in excess of its reimbursable expenses under the Leases, Seller shall pay such excess to Buyer. In the event that such reconciliation shows that Seller has collected less than its incurred reimbursable expenses under the Leases, Buyer shall remit the excess (to the extent, and only to the extent, that such excess is actually collected by Buyer, with all payments on arrearages to be applied first to the period after the Closing Date) to Seller not later than the expiration of three months after the conclusion of the twelve-month period then in progress with respect to the budgeting of such expenses under the Leases.
Common Area Maintenance Charges. Lessor shall have sole and exclusive obligation to operate, manage and maintain the Common Areas (as hereinafter defined) and to determine the expense to be incurred therefore (the "Common Area Expense") and the times, the manner and the means of such operation, management and maintenance. Lessee agrees to pay as additional rental hereunder Lessee's proportionate share (as hereinafter set forth) of the Common Area Expense incurred by Lessor, including without limitation expense for all water supplied to any building in the Phase, the tenants of any such building or the Common Areas and all sewer charges associated therewith, and for maintenance, lighting, painting, cleaning, policing, inspecting, repairing and replacing, and carrying insurance with respect to any and all elements of the Common Areas as more fully described in Paragraph 12 herein, together with a reasonable allowance for Lessor's overhead and depreciation of equipment. Notwithstanding anything in this Lease to the contrary, Common Area Expense shall not include (i) commissions payable to any real estate broker(s) for the leasing of space in the Project; (ii) the cost of any work done by Lessor for and at the expense of any particular tenant(s) in the Project; (iii) legal fees paid to enforce the obligations of any other tenant; (iv) expenses paid by Lessor for the advertising and promotion of rental space in the Project; (v) fines, penalties or other costs incurred by Lessor due to its violation of any governmental rule or authority existing at the time of execution of the lease; (vi) interest or penalties for overdue payments of taxes, except direct costs incurred in contesting or reducing same; (vii) the cost to Lessor of repairs made or other work done, by Lessor as a result of fire, windstorm or other insurable casualty if Lessor is compensated by insurance or by the exercise of eminent domain, provided, however, that this exclusion for eminent domain is limited to the amount of the condemnation award received by lessor in compensation for such repairs or other work; (viii) attorneys' fees and court costs and other such expenses incurred by Lessor in connection with the negotiation of disputes with existing or prospective tenants or occupants of the Project; (ix) the cost to Lessor of renovating, decorating, painting or redecorating space for tenants or other occupants of the Project; (x) costs incurred by Lessor due to the violation of Lessor or any tenant of the terms and conditions o...
Common Area Maintenance Charges. The Fixed Minimum Rent payable hereunder includes Tenant’s Proportionate Share (as hereinafter defined) of all costs and expenses associated with Common Area Maintenance Charges (“C.A.M.”) incurred by Landlord during the calendar year 2005 (“Base Year”) in connection with the ownership, management, maintenance, repair and operation of Landlord’s Property, including, without limitation, a heating, ventilating and air-conditioning annual service agreement; maintaining, repairing, replacing, striping and sweeping parking lots, driveways and private roads, loading areas and easement areas; all electricity, sewer, water and other utility costs in connection with the Common Areas not separately metered to tenants; sewer and water usage for the Premises; landscape maintenance and replacement, snow removal; dumpster service; costs and expenses incurred by Landlord in protesting Taxes (as hereinafter defined), and all other items reasonably necessary for the operation or preservation of Landlord’s Property in a first-class condition, including any replacement or structural reserves; the cost of providing the fire monitoring for the Premises as provided by Silent Security Signal, a Division of Cleveland Security Patrol; and an administration fee equal to seven and one-half percent (7.5%) of the foregoing costs. In the event that the Landlord’s costs and expenses associated with C.A.M. exceeds the amount payable during the Base Year, then in such event, Tenant shall pay to Landlord in equal monthly installments, in advance with payments of Fixed Minimum Rent, an amount equal to one-twelfth (1/12th) of the estimated amount of Tenant’s Proportionate Share of C.A.M. Notwithstanding the foregoing, if Landlord’s costs and expenses associated with C.A.M. exceed the amount payable during the Base Year, in no event shall Tenant’s Proportionate Share of C.A.M. be increased during any Lease Year more than one percent (1%) per annum.
