Common use of LESSEE'S PERCENTAGE Clause in Contracts

LESSEE'S PERCENTAGE. The parties agree that Lessee's Percentage, as defined in the Preamble, reflects and will be continually adjusted to reflect the ratio of the gross square feet of the area rented to Lessee (including an allocable share of all Common Facilities) [the numerator] as compared with the total number of gross square feet of the entire Building (or additional buildings that may be constructed within the Office Building Area) [the denominator] measured outside wall to outside wall, but excluding therefrom any storage areas. Lessor shall have the right to make changes or revisions in the Common Facilities of the Building so as to provide additional leasing area. Lessor shall also have the right to construct additional buildings in the Office Building Area for such purposes as Lessor may deem appropriate, and subdivide the lands for that purpose if necessary, and upon so doing, the Office Building Area shall become the subdivided lot on which the Building in which the Premises is located. However, if any service provided for in Article 23(a) or any utility provided for in Article 23(b) is separately billed or separately metered within the Building, then the square footage so billed or metered shall be subtracted from the denominator and the Lessee's proportionate share for such service and/or utility shall be separately computed, and the Base Costs for such item shall not include any charges attributable to said square footage. Lessee understands that as a result of changes in the layout of the Common Facilities from time to time occurring due to, by way of example and not by way of limitation, the rearrangement of corridors, the aggregate of all Building tenant proportionate shares may be equal to, less than or greater than one hundred percent (100%).

Appears in 8 contracts

Samples: Lease (Bluestone Software Inc), Assignment and Assumption of Lease (Medicines Co/ Ma), Lease (Medicines Co /De)

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LESSEE'S PERCENTAGE. The parties agree that Lessee's ’s Percentage, as defined in the Preamble, reflects and will be continually adjusted to reflect the ratio of the gross square feet of the area rented to Lessee (including an allocable share of all Common Facilities) [the numerator] as compared with the total number of gross square feet of the entire Building (or additional buildings that may be constructed within the Office Building Area) [the denominator] measured outside wall to outside wall, but excluding therefrom any storage areas. Lessor shall have the right to make changes change or revisions in the Common Facilities of the Building so as to provide additional leasing area. Lessor shall also have the right to construct additional buildings in the Office Building Area for such purposes as Lessor may deem appropriate, and subdivide the lands for that purpose if necessary, and upon so doing, the Office Building Area shall become the subdivided lot on which the Building in which the Premises is located. However, if any service provided for in Article 23(a) or any utility provided for in Article 23(b) is separately billed or separately metered within the Building, then the square footage so billed or metered shall be subtracted from the denominator and the Lessee's ’s proportionate share for such service and/or utility shall be separately computed, and the Base Costs for such item shall not include any charges attributable to said square footage. Lessee understands that as a result of changes in the layout of the Common Facilities from time to time occurring due to, by way of example and not by way of limitation, the rearrangement of corridors, the aggregate of all Building tenant proportionate shares may be equal to, less than or greater than one hundred percent (100%).

Appears in 1 contract

Samples: Lease (Scopus Video Networks Ltd.)

LESSEE'S PERCENTAGE. The parties agree that Lessee's Percentage, as defined in the Preamble, reflects and will be continually adjusted to reflect the ratio of sum arrived at by dividing the gross square feet of the area rented to Lessee (including an allocable share of all Common Facilities) as set forth in the Preamble [the numerator] as compared with ], plus any additional gross square footage leased from time to time pursuant to this Lease, by the total number of gross square feet of the entire Building (or additional buildings that may be constructed within the Office Building Area) [the denominator] ], in each case measured outside wall in accordance with BOMA standards. Lessor and Lessee agree that on the date hereof the Building will be deemed to outside wall, but excluding therefrom any storage areascontain 64,871 rentable square feet. Lessor shall have the right to make changes or revisions in the Common Facilities of the Building so as to provide additional leasing area; provided, however, that such changes shall not materially reduce the services Lessor is required to provide Lessee hereunder to the terms and conditions of this Lease. Lessor shall also also, subject to the terms and conditions hereof, have the right to construct additional buildings in the Office Building Area for such purposes as Lessor may deem appropriate, appropriate and subdivide the lands for that purpose if necessary, and upon so doing, the Office Building Area shall become the subdivided lot on which the Building in which the Demised Premises is located. However, if If any service provided for in Article 23(aSubsection 22(A) or any utility provided for in Article 23(bSubsection 22(B) is separately billed or separately metered within the BuildingBuilding and not so in the applicable base year, then the square footage so billed or metered shall be subtracted from deemed vacant and if applicable subject to the denominator and the Lessee's proportionate share for such service and/or utility shall be separately computed, and the Base Costs for such item shall not include any charges attributable to said square footage. Lessee understands that as a result of changes Occupancy Adjustment set forth in the layout of the Common Facilities from time to time occurring due to, by way of example and not by way of limitation, the rearrangement of corridors, the aggregate of all Building tenant proportionate shares may be equal to, less than or greater than one hundred percent (100%Subsection 22(G).

Appears in 1 contract

Samples: Attornment Agreement (Praecis Pharmaceuticals Inc)

LESSEE'S PERCENTAGE. The parties agree that Lesseelessee's Percentage, as defined in the Preamble, reflects and will be continually adjusted to reflect the ratio of sum arrived at by dividing the gross square feet of the area rented to Lessee (including an allocable share of all Common Facilities) [as set forth in Section 1 (the numerator] as compared with Numerator), plus any additional gross square footage leased from time to time pursuant to this Lease, by the total number of gross square feet of the entire Building (or additional buildings building that may be constructed within the Office Building Area) [(the denominator] ), measured outside wall to outside wall, wall but excluding therefrom any storage areas. Lessor shall have the right to make changes or revisions in the Common Facilities of the Building so as to provide provided additional leasing area. Lessor shall also have the right to construct additional buildings building in the Office Building Area for such purposes proposes as Lessor may deem appropriate, appropriate and subdivide the lands for that the purpose if necessary, and upon so doing, the Office Building Area shall become the subdivided lot on which the Building in which the Demised Premises is located. However, if If any service provided for in Article 23(aSubsection 22(A) or any utility provided for in Article 23(bSubsection 22(B) is separately billed or separately metered within the Building, then the square footage so billed or metered shall be subtracted from deemed vacant and if applicable subject to the denominator and the Lessee's proportionate share for such service and/or utility shall be separately computed, and the Base Costs for such item shall not include any charges attributable to said square footageOccupancy Adjustment set forth in Subsection 22(H). Lessee understands that as a result of changes in the layout of the Common Facilities from time to time occurring due to, by way of example and not by way of limitation, the rearrangement of corridors, the aggregate of all Building tenant proportionate shares may be equal to, less than or greater than one hundred percent (100%)) percent.

Appears in 1 contract

Samples: Lease (Robocom Systems Inc)

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LESSEE'S PERCENTAGE. (i) The parties agree that Lessee's ’s Percentage, as defined in the Preamble, reflects and will be continually adjusted to reflect the ratio of the gross square feet of the area rented to Lessee (including an allocable share of all Common Facilities) [the numerator] as compared with the total number of gross square feet of the entire Building (or additional buildings that may be constructed within the Office Building Area) [the denominator] measured outside wall to outside wall, but excluding therefrom any storage areas. In the event Lessor adjusts Lessee’s Percentage, Lessor shall provide prompt notice of such change to Lessee. The parties acknowledge that their intention is that the method for calculation shall be in accordance with the provisions of BOMA American National Standard Z65.1-1996. Lessor shall have the right to make changes or revisions in the Common Facilities of the Building so as to provide additional leasing area. Lessor shall also have the right to construct additional buildings in the Office Building Area for such purposes as Lessor may deem appropriate, and subdivide the lands for that purpose if necessary, and upon so doing, the Office Building Area shall become the subdivided lot on which the Building in which the Premises is located. However, if any service provided for in Article 23(a) or any utility provided for in Article 23(b) is separately billed or separately metered within the Building, then the square footage so billed or metered shall be subtracted from the denominator and the Lessee's ’s proportionate share for such service and/or utility shall be separately computed, and the Base Costs for such item shall not include any charges attributable to said square footage. Lessee understands that as a result of changes in the layout of the Common Facilities from time to time occurring due to, by way of example and not by way of limitation, the rearrangement of corridors, the aggregate of all Building tenant proportionate shares may be equal to, less than or greater than one hundred percent (100%).

Appears in 1 contract

Samples: Lease (Tollgrade Communications Inc \Pa\)

LESSEE'S PERCENTAGE. The parties agree that Lessee's Percentage, as defined in the Preamble, reflects and will be continually adjusted to reflect the ratio of the gross square feet of the area rented to Lessee (including an allocable share of all Common Facilities) [the numerator] as compared with the total number of gross square feet of the entire Building (or additional buildings that may be constructed within the Office Building Area) [the denominator] measured outside wall to outside wall, but excluding therefrom any storage areas. Lessor shall have the right to make changes or revisions in the Common Facilities of the Building so as to provide additional leasing area. Lessor shall also have the right to construct additional buildings in the Office Building Area for such purposes as Lessor may deem appropriate, and subdivide the lands for that purpose purpose, if necessary, and upon so doing, the Office Building Area shall become the subdivided lot on which the Building in which the Premises is located. However, if any service provided for in Article Section 23(a) hereof or any utility provided for in Article Section 23(b) hereof is separately billed or separately metered within the Building, then the square footage so billed or metered shall be subtracted from the denominator and the Lessee's proportionate share for such service and/or utility shall be separately computed, and the Base Costs for such item shall not include any charges attributable to said square footage. Lessee understands that as a result of changes in the layout of the Common Facilities from time to time occurring due to, by way of example and not by way of limitation, the rearrangement of corridors, the aggregate of all Building tenant proportionate shares may be equal to, less than or greater than one hundred percent (100%).

Appears in 1 contract

Samples: Lease (Alteon Inc /De)

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