HEATING COSTS Clause Samples

HEATING COSTS. Building No. 3C is heated by 2 light-oil-fueled air heaters. One air heater is in the portion of the hall rented by the tenant; another air heater is presently in the unrented portion of the hall. The following regulation applies until rental of the remaining partial area of 3C: The entire hall 3C will be heated at 12° C in order to avoid damage to the hall structure. The oil consumption of the two air heaters is recorded by oil meters. The sum of these two meters shall be apportioned between the tenant and the landlord per m2 of heated hall area. The same applies for the costs of refueling as well as the incurred operating and maintenance costs, e.g. fuel oil, electricity, burner maintenance, boiler maintenance, chimney sweeps, etc. WIDEFLEX GmbH will purchase the oil centrally. At the rented residual surface, building 3C, the following regulation applies: Twenty percent of the heating costs will be charged to the users of the hall on the basis of the consumption measured by the respective oil meters, while the remaining 80% of the heating costs will be proportionately charged to the respective users of the hall per m2 of their rental area. The same shall apply to the costs of refueling as well as the incurred operational and maintenance costs, e.g. fuel oil, electricity, burner maintenance, boiler maintenance, chimney sweeps, etc. WIDEFLEX GmbH will purchase the oil centrally. With respect to both of the above regulations, the landlord shall arrange for and pay the repair and upkeep costs for the heating facility incurred by usual wear as well as costs incurred by fulfillment of legal requirements and charges.

HEATING COSTS. Tenant agrees that in the event Heating Costs for any calendar year shall be greater than the Heating Costs for the calendar year preceding the execution date of this Lease as a result of but not limited to increases in or additions to the number of units used, rates, fuel adjustments, taxes, surcharges, energy charges or charges of any kind, Tenant agrees to pay to Owner within ten (10) days after receipt of Owner's statement, 2.446% of such excess for the particular calendar year (prorated for any partial year within the term). Such statement shall be deemed final and binding on Tenant unless disputed by Tenant within 30 days after receipt thereof. Heating Costs as used in this Article 42 shall mean fuel costs if Owner continues to use its own heating plant or the cost of outside heating or steam if the Owner uses an off-premises heating service.

HEATING COSTS. Anything to the contrary notwithstanding and in addition to billing pursuant to this Lease. Tenant agrees that in the event Heating Costs for any calendar year shall be greater than the Heating Costs for the calendar year 2001 as a result of but not limited to increases in or additions to the number of units used, rates, fuel adjustments, taxes, surcharges, energy charges or charges of any kind, Tenant agrees to pay to Owner within ten (10) days after receipt of Owner's statement, 1.29 percent (1.29%) of such excess for the particular calendar year. In the event that Owner exercises its option pursuant herein and during such Lease years, this Article 40 shall not apply. Heating Costs as used in this Article 40 shall mean fuel costs if Owner continues to use its own heating plant or the cost of outside heating or steam if the Owner uses an off-premises heating service. In no event shall Tenant's annual increases exceed $1,000.00 over the prior years charge.

HEATING COSTS. (1) The prepayment on heating costs agreed upon in Section 5 hereof will be payable for the heating costs set forth below. By way of prepayment for the heating costs set forth below, Tenant will each month pay in advance (euro) 1,506.93 (= DM 2,947.30) (Euro: one thousand five hundred and six 93/100) (Deutsche Marts two thousand nine hundred and forty-seven.30/100) plus VAT in the amount prescribed by law. (2) For purposes of this Lease, heating costs in particular include the costs of fuel and fuel supply, operating current, servicing, maintenance, monitoring, control of heating, fuel, and exhaust-air systems, regular inspection of their operational readiness and operational safety including expert setting, cleaning of installations and the respective rooms, measurements according to the German Law Concerning the Protection against Harmful Effects on the Environment through Air Pollution, Noise, Vibrations, and Similar Factors (Bundes-Immissionsschutzgesetz), rental or other types of transfer permitting the use of equipment for measuring consumption, as well as the cost for using equipment for measuring consumption plus calibration of such equipment including the costs for calculating and apportioning such costs. In case of long-distance heating, the heating costs further include especially the entire costs of supply of heating and the costs for the operation of the relevant installations at the complex, as well as the costs set forth above. (3) If Landlord provides hot water for the Leased Premises, the costs of such hot-water utility system will be part of the heating costs. SECTION

HEATING COSTS. If the cost of heating the Premises (as determined by Lessor’s engineers), in any calendar year commencing with the calendar year specified in item 7.03 of Exhibit B, exceeds the corresponding cost of heating the Premises during the Base Year (“Base Year Heating Costs”), then Lessee shall pay to Lessor as Additional Rent, a sum equal to such increase in heating costs over the Base Year Heating Costs. For purposes of this provision, such increase, if any, will be calculated in the following manner: (i) The actual fuel cost, including taxes for the January of the applicable calendar year will be multiplied times the annual fuel consumption rate calculated on a per square foot basis for the Premises (or type of space occupied by Lessee in the Complex), all as determined by Lessor’s engineers to arrive at the “Annual Per Square Feet Heat Cost”. (ii) The Annual Per Square Foot Heating Cost will be multiplied by the number of rentable square feet in the Premises (as set forth in Section 1 of this Lease) to determine the Annual Heating Cost for the Premises for the applicable calendar year.