Common use of Gross Up of Operating Expenses Clause in Contracts

Gross Up of Operating Expenses. This Section 6.03 shall not be applicable so long as Tenant leases the entire Premises (as it exists on the Commencement Date). If at any time Tenant is not leasing the entire Premises (as it exists on the Commencement Date) and 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 fully occupied or serviced, and the Operating Expenses 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. This Section 6.03 shall not be applicable so long as Tenant leases the entire Premises (as it exists on the Commencement Date). If at any time Tenant is not leasing the entire Premises (as it exists on the Commencement Date) and 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 fully 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. This Section 6.03 shall not be applicable so long as Tenant leases the entire Premises (as it exists on the Commencement Date). If at If, during all or any time Tenant is not leasing the entire Premises (as it exists on the Commencement Date) and the Building is not fully occupied or Landlord is not supplying services to all rentable areas part of a ------------------------------ calendar year, any part of the Building during an entire calendar yearRentable Area is leased to a tenant (hereinafter referred to as a "Special Tenant") which, then Landlord may adjust actual in accordance with the terms of its lease, provides its own cleaning and janitorial services or is not otherwise required to pay Operating Expenses to Landlord’s estimate Expense Increases on the basis of that amount, which would have been paid or incurred by Landlord as Operating Expenses had operating expenses for the Building been fully occupied or serviced, and which include substantially the same components as the Operating Expenses (as so adjusted shall be deemed to be set forth in Section 1(c)), the actual Operating Expenses for such calendar year. If Landlord does not furnish during any Adjustment Year any particular work or year shall be increased by the additional costs for cleaning and janitorial service (and the cost of whichother expenses, if performed as reasonably estimated by Landlord, that would constitute an Operating Expense) to a tenant have been incurred by Landlord if Landlord had furnished and paid for cleaning and janitorial services for the space occupied by the Special Tenant or Landlord had furnished and paid for any other service which has undertaken to perform such work or service the Special Tenant did not receive and which was not included in lieu operating expenses as defined in the Special Tenant's lease. If the average occupancy level of the performance thereof Building for any calendar year (including the calendar year 1996) is less than ninety-five percent (95%), the Operating Expenses for such calendar year shall be increased (both for purposes of calculating the Operating Expense Base and Operating Expense Increases) by the additional Operating Expenses, as reasonably estimated by Landlord, then 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%) so that Operating Expenses for purposes of calculating Operating Expense Base and Operating Expense Increases shall be deemed to be increased by an amount equal to the additional expense like expenses which would reasonably have normally be expected to be incurred had such occupancy been incurred during such Adjustment Year by Landlord if it had, at its cost, furnished such work or service to such tenant. The provisions ninety-five percent (95%) throughout the year of the preceding sentences will apply only to those Operating Expenses that either vary with occupancy Expense Base or by reason the year of one or more tenants not receiving goods or services the cost of which constitutes all or part of such Operating ExpensesExpense Increase; provided, however, in no event shall Tenant's payment for Operating Expense Increases exceed Landlord's actual costs incurred in operating and maintaining the Building.

Gross Up of Operating Expenses. This Section 6.03 shall not be applicable so long as Tenant leases the entire Premises (as it exists on the Commencement Date). If at any time Tenant is not leasing the entire Premises (as it exists on the Commencement Date) and 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 Adjustment Year 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 Adjustment Year 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. This Section 6.03 shall not be applicable so long as Tenant leases the entire Premises (as it exists on the Commencement Date). If at i) If, during all or any time Tenant is not leasing the entire Premises (as it exists on the Commencement Date) and the Building is not fully occupied or Landlord is not supplying services to all rentable areas part of a calendar year, any part of the Building during an entire calendar yearRentable Area is leased to a tenant (hereinafter referred to as a "Special Tenant") which, then Landlord may adjust actual 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 to Landlord’s estimate on the basis of that amount, which would have been paid or incurred by Landlord as Operating Expenses had operating expenses for the Building been fully occupied or serviced, and which include substantially the same components as the Operating Expenses (as so adjusted shall be deemed to be defined in Section 1(b), the actual Operating Expenses for such calendar year. If Landlord does not furnish during any Adjustment Year any particular work or service (year shall be increased by the cost of whichadditional costs for cleaning and janitorial service, if performed electricity and the other expenses, as reasonably estimated by Landlord, that would constitute an Operating Expensehave 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. (ii) to a tenant which has undertaken to perform such work or service in lieu If the average occupancy level of the performance thereof 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, then Operating Expenses shall be deemed to be increased by an amount equal to the additional expense which that would reasonably have been incurred during such Adjustment Year by Landlord in providing the same services provided to Tenant (and included in Operating Expenses) if it had, at its cost, furnished such work or service to such tenantthe average occupancy level of the Building for the calendar year had been 95%. The provisions For purposes of the preceding sentences will apply only to those Operating Expenses that either vary with sentence, the "average occupancy or level of the Building" for any calendar year shall be the arithmetic average of the Building Rentable Area occupied by reason tenants on the first day of one or each month during the calendar year. Notwithstanding the foregoing, as long as Tenant occupies at least its current share of space in the Building, Tenant shall not be responsible for more tenants not receiving goods or services the cost than eighty percent (80%) of which constitutes all or part of such Operating Expenses.

Gross Up of Operating Expenses. This Section 6.03 shall not be applicable so long as Tenant leases the entire Premises (as it exists on the Commencement Date). If at any time Tenant is not leasing the entire Premises (as it exists on the Commencement Date) and 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 fully occupied or serviced, and the Operating Expenses 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.