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Common use of Excess Costs Clause in Contracts

Excess Costs. (a) If, by reason of: (i) the particular use or occupancy of the Premises or any of the Common Facilities; or (ii) the requirement for any services beyond building standard services, such as, without limitation, waste removal; additional costs in the nature of Operating Costs such as, without limitation, costs of: insurance (including insurance increases incurred by tenants of the Project); security; and/or waste disposal, are incurred in excess of the costs which would otherwise have been incurred for such items, then Landlord shall have the right, but not the obligation, to determine such excess costs on a reasonable basis (“Excess Costs”) and require Tenant to pay such Excess Costs, plus fifteen percent (15%) of the amount thereof. (b) If Tenant or any other tenant of the Project, pursuant to its lease or otherwise by arrangement with Landlord, provides at its cost any goods or services the cost of which would otherwise be included in Operating Costs, or if any goods or services the cost of which is included in Operating Costs benefit any portion of the Project to a materially greater or lesser extent than any other portion of the Project, then either the denominator for determining a Proportionate Share, or alternatively the amount of Operating Costs, may be adjusted as determined by Landlord, at its option, to provide for the equitable allocation of the cost of such goods and services among the tenants of the Project.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (PointClickCare Corp.), Multi Tenant Industrial Lease (PointClickCare Corp.)

Excess Costs. (a) If, by reason of: (i) the particular use or occupancy of the Premises or any of the Common Facilities; or (ii) the requirement for any services beyond building Building standard services, such as, without limitation, waste removal; additional costs in the nature of Operating Costs such as, without limitation, costs of: insurance (including insurance increases incurred by tenants of the Project); security; and/or waste disposal, are incurred in excess of the costs which would otherwise have been incurred for such items, then Landlord shall have the right, but not the obligation, to determine such excess costs on a reasonable basis ("Excess Costs") and require Tenant to pay such Excess Costs, plus fifteen percent (15%) of the amount thereof. (b) If Tenant or any other tenant of the Project, pursuant to its lease or otherwise by arrangement with Landlord, provides at its cost any goods or services the cost of which would otherwise be included in Operating Costs, or if any goods or services the cost of which is included in Operating Costs benefit any portion of the Project to a materially greater or lesser extent than any other portion of the Project, then either the denominator for determining a Proportionate Share, or alternatively the amount of Operating Costs, may be adjusted as determined by Landlord, at its option, to provide for the equitable allocation of the cost of such goods and services among the tenants of the Project.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (Algae Dynamics Corp.), Multi Tenant Industrial Lease (Algae Dynamics Corp.)

Excess Costs. (a) If, by reason of: (i) the conduct of business on the Premises outside Business Hours; or (ii) the particular use or occupancy of the Premises or any of the Common Facilities; or (iiiii) the requirement for any services beyond building standard services, such as, without limitation, additional security, janitorial or special procedures for waste removaldisposal (whether relating to quantity or the nature of the waste) hoisting, supervision and receiving, delivery or storing of items; additional costs in the nature of Operating Costs Costs, such as, without limitation, costs of: insurance (including insurance increases incurred by tenants of the ProjectProject ); utilities; security; janitorial; HVAC and/or waste disposal, are incurred in excess of the costs which would otherwise have been incurred for such items, then Landlord shall have the right, but not the obligation, to determine such excess costs on a reasonable basis (“Excess Costs”) and require Tenant to pay such Excess Costs, plus fifteen percent (15%) of the amount thereof. (b) If Tenant or any other tenant of the Project, pursuant to its lease or otherwise by arrangement with Landlord, provides at its cost any goods or services the cost of which would otherwise be included in Operating Costs, or if any goods or services the cost of which is included in Operating Costs benefit any portion of the Project to a materially greater or lesser extent than any other portion of the Project, then either the denominator for determining a Proportionate Share, or alternatively the amount of Operating Costs, may be adjusted as determined by Landlord, at its option, to provide for the equitable allocation of the cost of such goods and services among the tenants of the Project.

Appears in 1 contract

Samples: Multi Tenant Office Lease (Primerica, Inc.)

Excess Costs. (a) If, It: by reason of: (i) the particular use or occupancy of the Premises or any of the Common Facilities; or (ii) the requirement for any services beyond building standard services, such as, without limitation, waste removal; additional costs in the nature of Operating Costs such as, without limitation, costs of: insurance (including insurance increases incurred by tenants of the Project); security; after-hours services; and/or waste disposal, are incurred in excess of the costs which would otherwise have been incurred for such items, then Landlord shall have the right, but not the obligation, to determine such excess costs on a reasonable basis ("Excess Costs") and require Tenant to pay such Excess Costs, plus fifteen percent (15%) of the amount thereof. (b) If Tenant or any other tenant of the Project, pursuant to its lease or otherwise by arrangement with Landlord, provides at its cost any goods or services the cost of which would otherwise be included in Operating Costs, or if any goods or services the cost of which is included in Operating Costs benefit any portion of the Project to a materially greater or lesser extent than any other portion of the Project, then either the denominator for determining a Proportionate Share, or alternatively the amount of Operating Costs, may be adjusted as determined by Landlord, at its option, to provide for the equitable allocation of the cost of such goods and services among the tenants of the Project.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Alliance Data Systems Corp)