INCREASES IN OPERATING EXPENSES. 5.1 Commencing on the first day of the second Lease Year and thereafter during the Lease Term and any renewal thereof, Tenant shall pay to Landlord as Additional Rent Tenant's Operating Expense Percentage of any increase of Operating Expenses for each Calendar Year, falling entirely or partially within the Lease Term, over the Base Operating Expenses.
INCREASES IN OPERATING EXPENSES. Tenant’s pro rata share, equal to One and Five Tenths Percent (1.50%), of the amount of Operating Expenses in excess of the Base Year Operating Expenses calculated based upon 269,043 BOMA rentable square feet in the Building.
INCREASES IN OPERATING EXPENSES. All increases in Operating Expenses shall be paid by Tenant in the proportion that the Net Rentable Area of the Leased Premises bears to the greater of ninety-five percent (95%) of the total Net Rentable Area in the Building or the total Net Rentable Area of space actually leased in the Building.
INCREASES IN OPERATING EXPENSES. (a) Commencing on January 1, 1999, Tenant shall pay to Landlord its proportionate share of the amount by which the Operating Expenses (as hereinafter defined) incurred by Landlord in the operation of the Complex during each calendar year exceed the actual Operating Expenses for the Base Year, calculated as the amount of such increase per square foot of Net Rentable Area in the Complex. Operating Expenses shall be grossed up to reflect an occupancy level of ninety-five percent (95%) within the Complex. Since a portion of the Complex is dedicated to retail uses which do not require many of the services provided to the office tenants, adjustments in the per-square-foot calculation of the Operating Expenses shall be made to allocate office Operating Expenses among the office tenants in the Complex and the other Operating Expenses chargeable to office and retail tenants among all tenants in the Complex. The allocation of office Operating Expenses shall be adjusted appropriately in the event of changes in either the amount of total Net Rentable Area in the Complex or the amount of office or retail area in the Complex.
INCREASES IN OPERATING EXPENSES. NME Surveillance LLC shall have the right to increase the annual charges provided herein to reflect any additional taxes, licenses, permits, insurance premiums, fees or charges which hereafter may be imposed on NME Surveillance LLC by any utility, governmental agency or insurance carrier(s) relating to the service(s) provided under the terms if this Agreement and Subscriber agrees to pay the same or cancel service.
INCREASES IN OPERATING EXPENSES. (a) After the expiration of the Base Year and of each succeeding calendar year ("Operating Year"), Landlord shall furnish Tenant a written statement prepared by Landlord of the Operating Expenses of the Building, as defined in Exhibit D attached hereto, incurred for such year. During the period of 60 days after receipt of Landlord's statement, Tenant's independent certified public accountant or Tenant's designee may inspect the records of the material reflected in said Landlord's statement at a reasonable time mutually agreeable to Landlord and Tenant. If any dispute arises as to the amount of Tenant's Proportionate Share of Excess Expenses due hereunder, Tenant shall have the right after reasonable written notice to Landlord and at reasonable times to inspect Landlord's accounting records at Landlord's accounting office; provided however, that Tenant shall not be entitled to copy any of Landlord's records and Tenant's review of Landlord's records shall be limited to those records relating to the Project Operating Costs, and, if after such inspection Tenant still disputes the amount of Tenant's Proportionate Share of Excess Expenses owed, a certification as to the proper amount shall be made by an independent certified public accountant mutually selected by the parties, which certification shall be final and conclusive. Tenant agrees to pay the cost of such certification unless it is determined that Landlord's original statement overstated Project Operating Costs by more than five percent (5%). Failure of Tenant to challenge any item in such statement within 60 days after receipt shall be a waiver of Tenant's right to challenge such item for such year. Within 30 days after receipt of such statement for any Operating Year setting forth any increase of Operating Expenses during such Operating Year over the Operating Expenses in the Base Year (said increase being referred to herein as the "Cost Increase"), Tenant shall pay Tenant's Proportionate Share of the Cost Increase (less the amount of Tenant's projected share paid by Tenant on account thereof) to Landlord as Additional Rent. Operating Expenses shall be determined as if the Building were 95 % occupied during the Base Year and each Operating Year in which actual occupancy shall be less than 95 %.
INCREASES IN OPERATING EXPENSES. It is mutually agreed that the calculation of the actual annual increase in the Operating Expenses for each Individual Unit of the John Wayne Executive Guild Project is dxxxxxxxx, costly, and time consuming. Therefore, in lieu of Tenant paying the actual increase in the Operating Expenses, Tenant shall pay, as "Additional Rent", at the same time as Base Rent, an amount equal to the increase, if any, in the Consumer Price Index ("CPI") for the Greater Los Angeles, Anaheim, Riverside (California) areas, in an amount not less than one percent (1%) per annum nor greater than three percent (3%) per annum, times the then current Base Rent amount. Security Deposit: $5,000.00. Landlord hereby acknowledges prior receipt of a total of $18,000.00 as Security Deposits from Tenant. By mutual agreement, $6,000.00 has been utilized as a credit to Tenant's Outstanding Balance and $7,000.00 as a Security Deposit for an additional Lease contract for space (Suite P-3) being concurrently occupied by Tenant. The remaining amount of $5,000.00 shall be utilized as a Security Deposit for Suite K-103. ///
INCREASES IN OPERATING EXPENSES. For each calendar year within which falls any part of the Term, Tenant shall pay to Landlord Tenant's Proportionate Share (as defined below) of the excess, if any, in Operating Expenses for such year over the Operating Expenses for base year 2006. Operating Expenses for 2006 shall be paid by Landlord. Such payment shall be prorated for any partial calendar month or year during the Term.
INCREASES IN OPERATING EXPENSES. For each calendar year during which any part of the Term falls, Tenant shall pay to Landlord, Tenant’s Proportionate Share of the excess, if any, in Operating Expenses for the Office Areas for such year (the “Excess Operating Expenses”) over the sum of Operating Expenses for the Office Areas (the “Base Operating Expense”) for the 2005 calendar year (the “Base Expense Year”). Such payment shall be prorated for any partial calendar year during the Term. In determining the amount of Operating Expenses for the Office Areas for the Base Expense Year and for any subsequent year, if less than 95% of the Building’s rentable square feet shall have been occupied by tenants at any time during the year, Operating Expenses for the Office Areas shall be deemed for such year to be an amount equal to the like expenses which would normally be expected to be incurred had such occupancy been 95% throughout such year. For purposes of this Section 403(b):
INCREASES IN OPERATING EXPENSES. 7 8. INCREASE IN REAL ESTATE TAXES.......................................9
