Common use of Further Adjustment Clause in Contracts

Further Adjustment. In the event Landlord shall furnish any utility or service which is included in the definition of Operating Costs to less than ninety-five percent (95%) of the rentable area of the Building because (i) the average occupancy level of the Building for the Operating Costs Base Year and/or any subsequent calendar year was not ninety-five percent (95%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(are) not required to contribute its(their) proportionate share thereof, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directly, then the Operating Costs for such year (including the Operating Costs Base Year) shall be adjusted to include all additional costs, expenses and disbursements that Landlord reasonably determines would have been incurred had the Building been ninety-five percent (95%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 is to ensure that the reimbursement of all Operating Costs is fair and equitably allocated among the tenants receiving such utilities and services. In the calculation of Operating Costs hereunder, no expense shall be charged more than once.

Further Adjustment. In the event Landlord shall furnish any utility or service which is included in the definition of Operating Costs to less than ninety-five percent (95%) of the rentable area of the Building because (i) the average occupancy level of the Building for the Operating Costs Base Services Year and/or any subsequent calendar year was not ninety-five percent (95%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(are) not required to contribute its(their) proportionate share thereof, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directly, then the Operating Costs for such year (including the Operating Costs Base Services Year) shall be adjusted to include all additional costs, expenses and disbursements that Landlord reasonably determines would have been incurred had the Building been ninety-five percent (95%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 is to ensure that the reimbursement of all Operating Costs is fair and equitably allocated among the tenants receiving such utilities and services. In the calculation of Operating Costs hereunder, no expense shall be charged more than once.

Further Adjustment. In the event Tenant is leasing less than one hundred percent (100%) of the Premises, and Landlord shall furnish any utility or service which is included in the definition of Operating Costs Expenses to less than ninety-five percent (95%) of the rentable area of the Building because (i) the average occupancy level of the Building for the Operating Costs Base Year and/or any subsequent calendar year was not ninety-five percent (95%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(are) not required to contribute its(their) proportionate share thereof, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directlyservices, and the utility or service in question is of a nature that the cost of the same varies depending on the level of occupancy of the Building or the level of usage of such utility or service by Building tenants, then the Operating Costs Expenses for such year (including the Operating Costs Base Year) shall be adjusted to include all additional costs, expenses and disbursements that Landlord reasonably determines would have been incurred if Landlord had provided all such utilities and services to all tenants and occupants in the Building, and shall be allocated among the tenants by the Landlord to reflect those costs which would have occurred had the Building been ninety-five percent (95%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 is solely to ensure that the reimbursement of all Operating Costs Expenses is fair and equitably allocated among the tenants receiving such the utilities and servicesservices in question. In the calculation of Operating Costs Expenses hereunder, no expense shall be charged more than once.

Further Adjustment. In the event Landlord shall furnish any utility or service which is included in the definition of Operating Costs to less than ninety-five one hundred percent (95100%) of the rentable area of the Building because (i) the average occupancy level of the Building for the Operating Costs Base Services Year and/or any subsequent calendar year was not ninety-five less than one hundred percent (95100%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(are) not required to contribute its(their) proportionate share thereof, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directly, then the Operating Costs for such year (including the Operating Costs Base Services Year) shall be adjusted to include all additional costs, expenses and disbursements that Landlord reasonably determines would have been incurred had the Building been ninety-five one hundred percent (95100%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 is to ensure that the reimbursement of all Operating Costs is fair and equitably allocated among the tenants receiving such utilities and services. In the calculation of Operating Costs hereunder, no expense shall be charged more than once.

Further Adjustment. In the event Landlord shall furnish any utility or service which is included in the definition of Operating Costs to less than ninety-five percent (95%) of the rentable area of the Building because (i) the average occupancy level of the Building for the Operating Costs Base Year and/or any subsequent calendar year was not ninety-five percent (95%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(are) not required to contribute its(theirits (their) proportionate share thereof, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directly, then the Operating Costs for such year (including the Operating Costs Base Services Year) shall be adjusted to include all additional costs, expenses and disbursements that Landlord reasonably determines would have been incurred had the Building been ninety-five percent (95%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 is to ensure that the reimbursement of all Operating Costs is fair and equitably allocated among the tenants receiving such utilities and servicesservices and shall not be construed as a method of charging Tenant for items (such as in-premises HVAC or janitorial service) which are excluded from Operating Costs hereunder because Tenant is acquiring such service(s) directly at Tenant's sole expense). In the calculation of Operating Costs hereunder, no expense shall be charged more than once.

Further Adjustment. In the event Landlord shall furnish any utility or service which is included in the definition of Operating Costs to less than ninety-five percent (95%) of the rentable area of the Building because (i) the average occupancy level of the Building for the Operating Costs Base Calendar Year and/or any subsequent calendar year (or Partial Calendar Year) in question was not ninety-five percent (95%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(are) not required to contribute its(their) proportionate share thereofProject, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directlyservices, then the Operating Actual Costs for such year (including the Operating Costs Base Year) shall be adjusted increased to include all additional costs, equal the total expenses and disbursements that Landlord reasonably determines estimates it would have been incurred if Landlord had provided all such utilities and services to all tenants and occupants in the Project, and shall be allocated among the tenants by the Landlord to reflect those costs which would have occurred had the Building been ninety-five percent (95%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 9.5 is to ensure that the reimbursement of all Operating Costs is fair and equitably allocated among the tenants receiving such the utilities and services. In the calculation of Operating Costs hereunder, no expense shall be charged more than onceservices in question.

Further Adjustment. In the event Landlord shall furnish any utility or service which is included in the definition of Operating Costs to less than ninety-five percent (95%) of the rentable area of the Building because (i) the average occupancy level of the Building for the Operating Costs Base Year and/or any subsequent calendar year was not ninety-five percent (95%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(areis (are) not required to contribute its(theirits (their) proportionate share thereof, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directly, then the Operating Costs for such year (including the Operating Costs Base Year) shall be adjusted to include all additional costs, expenses and disbursements that Landlord reasonably determines would have been incurred had the Building been ninety-five percent (95%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 is to ensure that the reimbursement of all Operating Costs is fair and equitably allocated among the tenants receiving such utilities and services. In the calculation of Operating Costs hereunder, no expense shall be charged more than once.

Further Adjustment. In the event Landlord shall furnish any utility or service which is included in the definition of Operating Costs to less than ninety-five percent (95%) % of the rentable area of the 2000 Building because (i) the average occupancy level of the 2000 Building for the Operating Costs Base Services Year and/or any subsequent calendar year Calendar Year was not ninety-five percent (95%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the 2000 Building, and such tenant(s) is(are) not required to contribute its(their) proportionate share thereof, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directlyservices, then the Operating Actual Costs for such year (including the Operating Costs Base Year) shall be adjusted increased to include all additional costs, equal the total expenses and disbursements that Landlord reasonably determines estimates it would have been incurred if Landlord had provided all such utilities and services to all tenant and occupants in the 2000 Building, and shall be allocated among the tenants by the Landlord to reflect those costs which would have occurred had the 2000 Building been ninety-five percent (95%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 9.6 is to ensure that the reimbursement of all Operating Costs is fair and equitably allocated among the tenants tenant(s) receiving such the utilities and services. In the calculation of Operating Costs hereunder, no expense shall be charged more than onceservices in question.

Further Adjustment. In the event Landlord shall furnish any utility or service which is included in the definition of Operating Costs Expenses to less than ninety-five percent (95%) of the rentable area of the Building because (i) the average occupancy level of the Building for the Operating Costs Base Year and/or any subsequent calendar year was not ninety-five percent (95%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(are) not required to contribute its(their) proportionate share thereof, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directly, then the Operating Costs Expenses for such year (including the Operating Costs Base Year) shall be adjusted to include all additional costs, expenses and disbursements that Landlord reasonably determines would have been incurred had the Building been ninety-five percent (95%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 7.7 is to ensure that the reimbursement of all Operating Costs Expenses is fair and equitably allocated among the tenants receiving such utilities and services. In the calculation of Operating Costs Expenses hereunder, no expense shall be charged more than once.

Further Adjustment. In the event (a) any future charges or costs for transit, transit encouragement traffic reductions or any similar purpose become included by Landlord as an Operating Expense, or (b) Landlord shall furnish any utility or service which is included in the definition of Operating Costs Expenses to less than ninety-five one hundred percent (95100%) of the rentable area of the Building because (i) the average occupancy level of the Building for the Operating Costs Base Year and/or any subsequent calendar year Calendar Year was not ninety-five one hundred percent (95100%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(are) not required to contribute its(their) proportionate share thereof, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directly, then the Operating Costs Expenses for the Base Year shall be adjusted to include (x) the initial assessment with respect to such year transit, transit encouragement traffic reductions or similar charges or costs, and (y) each such Calendar Year (including the Operating Costs Base Year) shall be adjusted to include all additional costs, expenses and disbursements that Landlord reasonably determines would have been incurred had the Building been ninety-five one hundred percent (95100%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 7.7 is to ensure that the reimbursement of all Operating Costs Expenses is fair and equitably allocated among the tenants receiving such utilities and services. In the calculation of Operating Costs Expenses hereunder, no expense shall be charged more than onceonce and in no event shall Landlord recover more than 100% of the Operating Expenses actually incurred by Landlord.

Further Adjustment. In the event Landlord shall furnish any utility or service which is included in the definition of Operating Costs to less than ninety-five percent (95%) % of the rentable area of the Building Project because (i) the average occupancy level of the Building Project for the Operating Costs Base Services Year and/or any subsequent calendar year Calendar Year was not ninety-five percent (95%) or more of full occupancy, (ii) any such utility or service is not required by or provided to one or more of the tenants or occupants of the Building, and such tenant(s) is(are) not required to contribute its(their) proportionate share thereofProject, or (iii) any tenant or occupant is itself obtaining or providing any such utility or services directlyservices, then the Operating Actual Costs for such year (including the Operating Costs Base Year) shall be adjusted increased to include all additional costs, equal the total expenses and disbursements that Landlord reasonably determines estimates it would have been incurred if Landlord had provided all such utilities and services to all tenant and occupants in the Project, and shall be allocated among the tenants by the Landlord to reflect those costs which would have occurred had the Building Project been ninety-five percent (95%) occupied during the year in question and such utilities and services provided to all tenants. The intent of this Section 9.7 9.6 is to ensure that the reimbursement of all Operating Costs is fair and equitably allocated among the tenants receiving such the utilities and services. In the calculation of Operating Costs hereunder, no expense shall be charged more than onceservices in question.