Disproportionate Operating Charges Clause Samples

Disproportionate Operating Charges. Notwithstanding Sections 4.1 through 4.4 above, in the event Lessor should incur an Operating Expense during Lessee’s Term that Lessor reasonably determines was incurred by reason of Lessee’s specific use and/or occupancy of the Premises or the Additional Premises, which expense was materially disproportionate to the ordinary building Operating Expenses but for such use and/or occupancy by Lessee (a “Disproportionate Operating Charge”), then Lessor shall not include said Disproportionate Operating Charge within the Building Operating Expenses to calculate Lessee’s Pro Rata Share pursuant to Section 4.3 above, but rather, Lessee shall pay Lessor one hundred percent of the delta over and above said ordinary Operating Expenses as the same shall be determined by Lessor.