Controllable Expenses. Tenant’s obligation to pay all other Operating Expenses which are not Uncontrollable Expenses (herein “Controllable Expenses”) shall be limited to a five percent (5%) 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 five percent (5%) in all previous calendar years beginning with the actual Controllable Expenses for the year ending December 31 of the second full calendar year of the Lease Term.
Controllable Expenses. Landlord shall cap increases of Controllable Expenses at no more than a four percent (4%) increase per year (compounded annually on
Controllable Expenses. Further, notwithstanding the foregoing, in no event shall Controllable Operating Expenses, as that term is defined below, for any Expense Year following the Expense Year that commences on January 1st of 2022 (the "Measuring Expense Year") increase by more than seven percent (7%) per Expense Year, on a cumulative and compounding basis; for example, the maximum amount of Controllable Operating Expenses that may be included in the calculation of such Operating Expenses for each calendar year after the Measuring Expense Year shall equal the product of the Controllable Operating Expenses and the following percentages for the following calendar years: 107% for the first year following the Measuring Expense Year; 114.49% for the second year following the Measuring Expense Year; 122.50% for the third year following the Measuring Expense Year; 131.08% for the fourth year following the Measuring Expense Year; etc. However, any increases in Operating Expenses not recovered by Landlord due to the foregoing limitation shall be carried forward into succeeding calendar years during the Lease Term (subject to the foregoing limitation) to the extent necessary until fully recouped by Landlord. Upon the commencement of the first Option Term, the Measuring Expense Year shall be reset to be the Expense Year that commences on January 1st of the Expense Year following the Expense Year in which such Option Term commences. As used herein "Controllable Operating Expenses" shall mean all Operating Expenses, excluding the following: (i) utility charges, (ii) the cost of union labor, including payroll and benefits, which shall include labor which is not union as of the effective date of this Lease, but which unionizes after the date of this Lease, (iii) market-wide labor-rate increases due to extraordinary circumstances, including without limitation, boycotts and strikes, (iv) costs incurred due to an event of "Force Majeure," as that term is defined in Section 29.16 of this Lease and other extraordinary weather-related costs (such as those resulting from infestation, storms, drought and other severe weather), (v) Landlord's insurance costs and deductibles thereunder, (vi) costs relating to compliance with governmentally mandated transportation management programs, (vii) costs incurred to comply with governmental requirements and applicable Laws, (viii) amortized costs of Permitted Capital Expenses required by law, (ix) any costs incurred specifically at the request of Tenant and not ...
Controllable Expenses. In no event shall Controllable Operating Expenses, as that term is defined below, for any Expense Year following the Expense Year that commences on January 1st of the calendar year following the calendar year that contains the Lease Commencement Date (the "Measuring Expense Year") increase by more than five percent (5%) over the Controllable Operating Expenses in the prior Expense Year. Upon the commencement of the first Option Term (or any other extension of the initial Lease Term), the Measuring Expense Year shall be reset to be the Expense Year in which such Option Term commences. As used herein "Controllable Operating Expenses" shall mean all Operating Expenses, excluding the following: (i) utility charges, (ii) Landlord's insurance costs and deductibles thereunder, (iii) any costs that constitute Tax Expenses, (iv) costs incurred to comply with applicable Laws, (v) costs incurred due to “Force Majeure Delays” (as defined in Section 44(S) below), and (vi) any
Controllable Expenses. Notwithstanding anything contained herein to the contrary, for purposes of computing Tenant’s Proportionate Share of Operating Costs for any calendar year starting with calendar year 2008, the “Controllable Expenses” (as hereinafter defined) shall not increase by more than five percent (5%) per calendar year on a compounding and cumulative basis over the course of the Term. To illustrate the foregoing, if Controllable Expenses are Two and no/100 dollars ($2.00) per rentable square foot of the Building for
Controllable Expenses. Notwithstanding anything contained herein to the contrary, for purposes of computing Tenant's Proportionate Share of Expenses for any calendar year starting with calendar year 2023 and continuing through the Expiration Date, the "Controllable Expenses" (as hereinafter defined) for each such year shall not increase by more than four percent (4%) per calendar year on a cumulative compounding basis (i.e., with calendar year 2023 being the base year for determining Controllable Expenses at the Building, and with the so-called cap on Controllable Expenses, as provided in this Section 5.F., first applying to Controllable Expenses for calendar year 2024). To illustrate the foregoing, if Controllable Expenses are Two and no/100 dollars ($2.00) per Rentable Square Foot of the Building for calendar year 2023, then (i) Controllable Expenses for calendar year 2024 (being the first calendar year hereunder for which Controllable Expenses are to be capped) shall not exceed Two and 08/100 dollars ($2.08) per Rentable Square Foot of the Building for purposes of computing Tenant's Proportionate Share of Expenses for calendar year 2024, and (ii) Controllable Expenses for calendar year 2025 will not exceed Two and 16/100 ($2.16) per Rentable Square Foot of the Building for purposes of computing Tenant's Proportionate Share of Expenses for calendar year 2025, and (iii) Controllable Expenses for calendar year 2026 will not exceed Two and 25/100 dollars ($2.25) per Rentable Square Foot of the Building for purposes of computing Tenant's Proportionate Share of Expenses for calendar year 2026, and (iv) Controllable Expenses for calendar year 2027 will not exceed Two and 34/100 dollars ($2.34) per Rentable Square Foot of the Building for purposes of computing Tenant's Proportionate Share of Expenses for calendar year 2027. For purposes hereof, the term "Controllable Expenses" shall mean all Expenses which vary from year to year but which amounts so incurred therefor are within the reasonable control of Landlord, and which term Controllable Expenses shall expressly exclude, for purposes of this Lease, costs and expenses incurred for or under (i) contracts negotiated pursuant to collective bargaining or other contracts with companies having union labor, (ii) insurance, (iii) utilities (e.g., water, gas, electricity, etc.), (iv) costs incurred due to changes in applicable laws following the Commencement Date, (v) security costs, (vi) management fees otherwise permitted as Expenses here...
Controllable Expenses. Tenant's obligation to pay increases in costs and expenses related to: water and sewer; repair and maintenance of the roof, landscaping and parking lot; mowing, trash collection, fire protection, security, and other costs associated with the exterior maintenance of the Building (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. For purposes of this Lease, the initial prior year's
Controllable Expenses. Notwithstanding anything contained in the Lease to the contrary, increases in the amount of Controllable Expenses (as hereinafter defined) included in the calculation of Operating Expense Rental shall be limited for the Calendar Year 2009 and for each Calendar Year thereafter through the Term to maximum increases of four percent (4%) per annum on a cumulative, compounded basis over Controllable Expenses for the Calendar Year 2008. For example, Controllable Expenses for the Calendar Year 2009 shall not exceed 1.0400 multiplied by the Controllable Expenses for the Calendar Year 2008, Controllable Expenses for the Calendar Year 2010 shall not exceed the sum of 1.0816 multiplied by of the Controllable Expenses for the Calendar Year 2008 and Controllable Expenses for the Calendar Year 2011 shall not exceed the sum of 1.1249 multiplied by the Controllable Expenses for the Calendar Year 2008, and so on. For purposes of this Section 4.4, "Charge Cap Amount" shall mean such maximum permitted amount of Controllable Expenses.
Controllable Expenses. Notwithstanding the foregoing, Landlord agrees that the total amount of "Controllable Project Costs," as such term is defined below, included in Operating Expenses shall not exceed the amount that is equal to the Controllable Operating Expenses for the first full calendar year of the Lease Term occurring after the calendar year in which the Lease Commencement Date occurs, as increased three percent (3%) per year, on a cumulative, compounded basis, through the expiration of the subject calendar year for which Controllable Operating Expenses are to be calculated. For purposes of this Lease, the term "Controllable Operating Expenses" shall mean all Operating Expenses with the exception of the following: (i) cost of insurance carried by Landlord relating to the Project or the operation thereof; (ii) costs of workers' compensation benefits insurance and employer's liability insurance with respect to any employees of Landlord, its agents or its affiliates engaged in management, access control or maintenance of the Property; (iii) all costs related to the provision of utilities; (iv) excess costs incurred in the operation, cleaning, maintenance repair or up-keep of the Building or the Property only to the extent resulting from unionization of a particular trade or market-wide labor-rate increases due to extraordinary circumstances including, without limitation, boycotts and strikes; (v) Permitted Capital Expenditures properly amortized and included in Operating Expenses in accordance with Section 4.2.3.1(xvi); and (vi) costs for parking lot sealing and/or resurfacing not more than once every four (4) years. Tenant hereby acknowledges and agrees that Taxes are not included within Operating Expenses and are therefore not included within Controllable Operating Expenses.
Controllable Expenses. Tenant’s obligation to pay all other Building Operating Expenses which are not Uncontrollable Expenses (herein “Controllable Expenses”) shall be limited to a five percent (5%) 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 five percent (5%) in all previous calendar years beginning with the actual Controllable Expenses for the year ending December 31,2006; provided, however, that Controllable Expenses shall not increase by more than ten percent(10%) for any calendar year.”
