Gross Up of Operating Expenses. If at any time the Building is not fully occupied or Landlord is not supplying services to all rentable areas of the Building during an entire calendar year, then Landlord may adjust actual Operating Expenses to Landlord’s reasonable estimate of that amount, which would have been paid or incurred by Landlord as Operating Expenses had the Building been fully occupied or serviced, and the Operating Expenses as so adjusted shall be deemed to be the actual Operating Expenses for such calendar year, provided that in such case that a similar adjustment is also made to the Base Year Operating Expenses. If Landlord does not furnish during any applicable period any particular work or service (the cost of which, if performed by Landlord, would constitute an Operating Expense) to a tenant which has undertaken to perform such work or service in lieu of the performance thereof by Landlord, then Operating Expenses shall be deemed to be increased by an amount equal to the additional expense which would reasonably have been incurred during such period by Landlord if it had, at its cost, furnished such work or service to such tenant. The provisions of the preceding sentences will apply only to those Operating Expenses that either vary with occupancy or by reason of one or more tenants not receiving goods or services the cost of which constitutes all or part of such Operating Expenses.
Gross Up of Operating Expenses. If at any time the Building is not fully occupied or Landlord is not supplying services to all rentable areas of the Building during an entire calendar year, then Landlord may adjust actual Operating Expenses to Landlord’s estimate of that amount, which would have been paid or incurred by Landlord as Operating Expenses had the Building been 95% occupied or serviced, and the Operating Expenses as so adjusted shall be deemed to be the actual Operating Expenses for such calendar year, provided that such calculation shall not result in Landlord being paid more than the actual costs relating to the same. If the Building is not fully occupied or Landlord is not supplying services to all rentable areas of the Building during the entire Base Expense Year, then Landlord shall adjust actual Operating Expenses to Landlord’s estimate of that amount, which would have been paid or incurred by Landlord as Operating Expenses had the Building been 95% occupied or serviced, and the Operating Expenses for the Expense Base Year as so adjusted shall be deemed to be the actual Operating Expenses for such calendar year. If Landlord does not furnish during any Adjustment Year any particular work or service (the cost of which, if performed by Landlord, would constitute an Operating Expense) to a tenant which has undertaken to perform such work or service in lieu of the performance thereof by Landlord, then Operating Expenses shall be deemed to be increased by an amount equal to the additional expense which would reasonably have been incurred during such Adjustment Year by Landlord if it had, at its cost, furnished such work or service to such tenant. The provisions of the preceding sentences will apply only to those Operating Expenses that either vary with occupancy or by reason of one or more tenants not receiving goods or services the cost of which constitutes all or part of such Operating Expenses.
Gross Up of Operating Expenses. (i) If, during all or any part of a calendar year, any part of the Building Rentable Area is leased to a tenant (hereinafter referred to as a "Special Tenant") which, in accordance with the terms of its lease, provides its own cleaning and janitorial services, has separately metered electrical service or is not otherwise required to pay Operating Expenses on the basis of operating expenses for the Building which include substantially the same components as the Operating Expenses (as defined in Section 1(b), the Operating Expenses for such calendar year shall be increased by the additional costs for cleaning and janitorial service, electricity and the other expenses, as reasonably estimated by Landlord, that would have been incurred by Landlord if Landlord had furnished and paid for cleaning and janitorial services for the space occupied by the Special Tenant, the space occupied by the Special Tenant was not separately metered for electricity or Landlord had furnished and paid for any other service which the Special Tenant did not receive and which was not included in operating expenses as defined in the Special Tenant's lease.
Gross Up of Operating Expenses. The last sentence of Section 5.03(a) of the Lease is hereby modified to read as follows: If at any time the Building is not fully occupied or Landlord is not supplying all services to all portion of the Building during an entire calendar year, then, Base Operating Expense, Operating Expenses, the Actual Operating Expense Increase and the Estimated Operating Expense Increase shall be adjusted as though the Building had been ninety-five percent (95%) occupied and Landlord were supplying all services to all of the Building during the entire calendar year. The foregoing shall be construed to require a gross up of the 2009 Operating Expenses and the Base Year referenced in Paragraph 8.1.1 above as of the Reduced Premises Commencement Date.
Gross Up of Operating Expenses. If the average occupancy level of the Building for any calendar year is less than 95%, the Operating Expenses for such calendar year shall be increased by the additional Operating Expenses, as reasonably estimated by Landlord, that would have been incurred by Landlord in providing the same services provided to Tenant (and included in Operating Expenses) if the average occupancy level of the Building for the calendar year had been 95%. For purposes of the preceding sentence, the "average occupancy level of the Building" for any calendar year shall be the arithmetic average of the Building Rentable Area occupied by tenants on the first day of each month during the calendar year.
Gross Up of Operating Expenses. In the event the average occupancy level of the Property, the Building or the Development for calendar year 1997 or for any subsequent calendar year is not 100% full occupancy, then the actual Operating Expenses for each such year for the purpose of determining any Operating Expense Increase after the Base Year, shall be deemed to have been the actual Operating Expenses which would have been incurred had the Property, the Building or the Development been 100% occupied during the Base Year and each subsequent calendar year. The same methodology shall be used each year for determining the expenses which would have been incurred had the Property, the Building or the Development been 100% occupied during that year.
Gross Up of Operating Expenses. If at any time the Office Unit is not at least ninety-five percent (95%) occupied or Landlord is not supplying services to at least ninety-five percent (95%) of the rentable area of the Office Unit during an entire calendar year, then Landlord shall adjust actual Operating Expenses (including Operating Expenses incurred in the Base Operating Year) to Landlord’s reasonable, good faith estimate of that amount which would have been paid or incurred by Landlord as Operating Expenses had the Office Unit been ninety-five percent (95%) occupied or serviced, and the Operating Expenses as so adjusted shall be deemed to be the actual Operating
Gross Up of Operating Expenses. (i) If the average occupancy level of the Building for any calendar year (including the Base Year) is less than ninety-five percent (95%), the Operating Expenses for such calendar year (excluding Real Estate Taxes) shall be increased by the additional Operating Expenses (excluding Real Estate Taxes), as reasonably estimated by Landlord, that would have been incurred by Landlord in providing the same services provided to Tenant (and included in Operating Expenses) if the average occupancy level of the Building for the calendar year had been ninety-five percent (95%). For purposes of the preceding sentence, the “average occupancy level of the Building” for any calendar year shall be the arithmetic average of the Building Rentable Area occupied by tenants on the first day of each month during the calendar year.
Gross Up of Operating Expenses. If during all or part of any calendar year of the Term, Landlord shall not furnish any particular item(s) of work or service (which would otherwise constitute an Operating Expense) to any leasable portions of the Building for any reason, then, for purposes of computing Operating Expenses for such period, the amount included in Operating Expenses for such period shall be increased by an amount equal to the costs and expenses that would have been reasonably incurred by Landlord during such period if Landlord had furnished such item(s) of work or service to such portion of the Building. In determining the amount of Operating Expenses for any calendar year, if less than ninety-five percent (95%) of the Building rentable area is occupied by tenants at any time during any such calendar year, Operating Expenses shall be determined for any such calendar year to be an amount equal to the like expenses which would normally be expected to be incurred had such occupancy been ninety-five percent (95%) throughout any such calendar year (but without any adjustment with respect to the management fee).
Gross Up of Operating Expenses. (1) If, during all or any part of a calendar year, any part of the Building Rentable Area is leased to a tenant (hereinafter referred to as a "Special Tenant") pursuant to a Lease in which operating expenses are not defined to include substantially the same components as the Operating Expenses (as defined in Section 1(c), the Operating Expenses for such calendar year shall be deemed to equal the Operating Expenses, as reasonably estimated by Landlord, that would have been incurred by Landlord if all Special Tenant's leases included substantially the same components as the Operating Expenses.
