COMMON OPERATING COSTS. Section IQ of the Original Lease, and paragraph 3b of the Second Amendment are hereby amended by adding the following: On and after the First Additional Premises Commencement Date, Tenant's Proportionate Share of Common Operating Costs shall be 100%.

COMMON OPERATING COSTS. The Project consists of the Building and one other building, consisting in the aggregate of approximately 122,719 square feet of Rentable Area, together with surface parking, hardscaping and landscaping. Included in Common Operating Costs for the purposes of this Lease are the Building's Proportionate Share of "Project Operating Costs", which shall be the aggregate of all commercially reasonable costs and expenses payable by Landlord in connection with the operation and maintenance of the Common Areas of the Project (i.e., those areas of the Project which service both of the buildings within the Project), including, but not limited to, those items of costs and expenses set forth in clauses (a) through (o) of Section V.A.(3) of the Lease. Landlord may allocate one or more items included within Project Operating Costs between the buildings within the Project other than strictly pro rata based on their respective Rentable Area if Landlord determines in its sole but reasonable discretion that it is appropriate to do so in order to reflect usage of items or services included in Project Operating Costs.

COMMON OPERATING COSTS. (1) As used in this Lease, the term "Project Operating Costs" shall include all costs of the type included in Common Operating Costs applicable to the Common Areas and/or the Project in general, such as real property taxes applicable to the Common Areas, liability insurance with respect to the Common Areas, maintenance service for the buildings within the Project and repair costs with respect to the Project or any equipment or machinery therein, but excluding costs which are directly and separately identifiable to the operation and maintenance of the Building or other buildings within the Project. Common Operating Costs shall also include the Building's share of Project Operating Costs, which shall include, as appropriate, liability and other insurance with respect the the Project generally, expenses of operating and maintaining the parking structures, landscaping expenses for exterior landscaping within the Project, security services for the Project, property management fees and costs for a manager and fees and other charges in connection with membership in energy conservation associations and traffic management organizations. To the extent that, in Landlord's sole but reasonable judgment, it may not be equitable to allocate certain Project Operating Costs on a pro rata basis based upon the Rentable Areas of the buildings in the Project, as the case may be, then Landlord may allocate the same on such basis as Landlord, in its sole but reasonable judgment, determines to be equitable.

COMMON OPERATING COSTS. (1) The Project consists of the Building and one other building, consisting in the aggregate of approximately 122,799 square feet of Rentable Area, together with surface parking, hardscaping and landscaping. Included in Common Operating Costs for the purposes of this Lease are the Building's proportionate share of "Project Operating Costs", which shall be the aggregate of all commercially reasonable costs and expenses payable by Landlord in connection with the operation and maintenance of the Common Areas of the Project (i.e., those areas of the Project which service both of the buildings within the Project), including, but not limited to, those items of costs and expenses set forth in clauses (a) through (o) of Section V.A. (3) of the Lease. Landlord may allocate one or more items included within Project Operating Costs between the buildings within the Project other than strictly pro rata based on their respective Rentable Area if Landlord determines in its sole but reasonable discretion that it is appropriate to do so in order to reflect usage of items or services included in Project Operating Costs. (2) Notwithstanding anything to the contrary in the Lease, Tenant's Proportionate Share of any and all costs of providing utilities to the Premises, Building and Project which are includable in Common Operating Costs in accordance with this Lease shall be payable by Tenant, commencing on the Lease Commencement Date and on the first day of each calendar month in the Term thereafter, without any deduction for the Base Operating Expense attributable to such utility costs. Accordingly, utility costs shall be excluded from the Base Operating Expense, and Tenant's Proportionate Share of all Common Operating Costs, other than utility costs, shall be determined by reference to the Base Operating Expense, as so reduced. Moreover, any costs of providing janitorial supplies to the Premises in excess of those allocable to standard premises within the Building or Project ("Excess Janitorial Costs") shall be estimated by Landlord based on information received from the provider of janitorial services for the Building. Tenant acknowledges that the Base Operating Expense attributable to janitorial services shall not be applied to Excess Janitorial Costs, but rather only to the costs of providing Building standard janitorial supplies and services and that, accordingly, the Excess Janitorial Costs shall not be included in Common Operating Costs for the purposes of this Lease, ...

Related to COMMON OPERATING COSTS

Operating Costs Tenant shall pay to Landlord the Tenant’s Percentage of Operating Costs (as hereinafter defined) incurred by Landlord in any calendar year. Tenant shall remit to Landlord, on the first day of each calendar month, estimated payments on account of Operating Costs, such monthly amounts to be sufficient to provide Landlord, by the end of the calendar year, a sum equal to the Operating Costs, as reasonably estimated by Landlord from time to time. The initial monthly estimated payments shall be in an amount equal to 1/12th of the Initial Estimate of Tenant’s Percentage of Operating Costs for the Calendar Year. If, at the expiration of the year in respect of which monthly installments of Operating Costs shall have been made as aforesaid, the total of such monthly remittances is greater than the actual Operating Costs for such year, Landlord shall promptly pay to Tenant, or credit against the next accruing payments to be made by Tenant pursuant to this subsection 4.2.3, the difference; if the total of such remittances is less than the Operating Costs for such year, Tenant shall pay the difference to Landlord within twenty (20) days from the date Landlord shall furnish to Tenant an itemized statement of the Operating Costs, prepared, allocated and computed in accordance with generally accepted accounting principles. Any reimbursement for Operating Costs due and payable by Tenant with respect to periods of less than twelve (12) months shall be equitably prorated.
Common Area Operating Expenses Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share (as specified in Paragraph 1.6(b)) of all Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions:
Limit on Operating Expenses The Advisor hereby agrees to limit the Fund’s current Operating Expenses to an annual rate, expressed as a percentage of the Fund’s average daily net assets for the month, to the amounts listed in Appendix A (the “Annual Limit”). In the event that the current Operating Expenses of the Fund, as accrued each month, exceed its Annual Limit, the Advisor will pay to the Fund, on a monthly basis, the excess expense within the first ten days of the month following the month in which such Operating Expenses were incurred (each payment, a “Fund Reimbursement Payment”).
Operating Expenses The Lessor shall have no obligation to provide any services, perform any acts, or pay expenses, charges, obligations or costs of any kind whatsoever with respect to the Premises. The Lessee hereby agrees to pay one-hundred percent (100%) of any and all Operating Expenses as hereafter defined for the entire term of the Lease and any extensions thereof in accordance with specific provisions hereinafter set forth. The term “Operating Expenses” shall include all costs to the Lessor of operating and maintaining the Premises, and shall include, without limitation, real estate and personal property taxes and assessments, management fee(s), heating, air conditioning, HVAC, electricity, water, waste disposal, sewage, operating materials and supplies, service agreements and charges, lawn care, snow removal, restriping, repairs, repaving, cleaning and custodial, security, insurance, the cost of contesting the validity or applicability of any governmental acts which may affect operating expenses, and all other direct operating costs of operating and maintaining the Premises and related parking areas, unless expressly excluded from operating expenses.
Total Operating Expenses All costs and expenses paid or incurred by the Corporation, as determined under generally accepted accounting principles, that are in any way related to the operation of the Corporation or to corporate business, including Asset Management Fees and other operating fees paid to the Advisor, but excluding (i) the expenses of raising capital such as Organization and Offering Expenses, (ii) interest payments, (iii) taxes, (iv) non-cash expenditures such as depreciation, amortization and bad debt reserves, (v) incentive fees, (vi) Acquisition Fees and Acquisition Expenses, (vii) real estate commissions on the Sale of Property, (viii) distributions made with respect to interests in the Operating Partnership, and (ix) other fees and expenses connected with the acquisition, Disposition, management and ownership of real estate interests, mortgage loans or other property (including the costs of foreclosure, insurance premiums, legal services, maintenance, repair, and improvement of property). Notwithstanding the definition set forth above, any expense of the Corporation which is not part of Total Operating Expenses under the NASAA REIT Guidelines shall not be treated as part of Total Operating Expenses for purposes hereof.
Common Area Expenses In the event the demised premises are situated in a shopping center or in a commercial building in which there are common areas, Lessee agrees to pay his pro-rata share of maintenance, taxes, and insurance for the common area.
Rent and Operating Expenses Section 4.1 Basic Rent Section 4.2 Operating Expenses Section 4.3
Direct Expenses 1. Fees and expenses of its directors (except the fees of those directors who are deemed to be "interested persons" of the Fund as that term is defined in the Investment Company Act of 1940) and the meetings thereof;
Tax Expenses Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. “Tax Expenses” means, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.
Operating Expense Limit The Fund’s maximum operating expense limits (each an “Operating Expense Limit”) in any year shall be that percentage of the average daily net assets of the Fund as set forth on Schedule A attached hereto and incorporated by this reference.

COMMON OPERATING COSTS Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Sub-Clauses

Related to COMMON OPERATING COSTS