Limit on Annual Increases; Adjustment for Vacancy Sample Clauses

Limit on Annual Increases; Adjustment for Vacancy. Notwithstanding the foregoing, during the Term of this Lease (but following the first full calendar year during the Term) including any extension thereof (with the exception of Uncontrollable Expenses as defined herein), Tenant’s pro rata share of Operating Expenses for any calendar year shall not exceed one hundred percent (100%) of Tenant’s total liability for Operating Expenses for the immediately preceding calendar year of the Lease Term, as extended if applicable (excluding Uncontrollable Expenses), multiplied by the greater of (x) three and one-half percent (3.5%) or (y) the percentage increase between the CPI (hereinafter defined) on the first day of the immediately preceding calendar year and the CPI on the first day of the calendar year for which this limitation is being determined, on a cumulative, annually compounding basis. The term “CPI” as used herein shall mean the “All Items Component” of the Consumer Price Index for All Urban Consumers (1982-1984=100), Seattle-Tacoma-Bremerton, WA, or its successor, as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The term “Uncontrollable Expenses” as used herein means expenses for the cost of utility consumption (not delivery and installation), insurance, real estate taxes and assessments, and other expenses not directly controllable by Landlord such as, but not limited to, increases in the minimum wage or collective bargaining/union wages that affect the cost of service contracts. During any period that the average occupancy rate for the entire Project shall be less than ninety percent (90%), then, for purposes of calculating the Additional Rent payable by Tenant pursuant to this Article 4 for each calendar year, the Operating Expenses for such calendar year that fluctuate depending on the level of occupancy of the Project shall, subject to Section 4.1 of this Lease, be increased by the amount of additional costs and expenses that Landlord reasonably estimates would have been incurred if the average occupancy rate for the entire Project had been ninety percent (90%). Expenses under this Section 4.4 shall be calculated in good faith by appropriately adjusting the cost of those components of Operating Expenses that are impacted by changes in the occupancy of the Project.
AutoNDA by SimpleDocs

Related to Limit on Annual Increases; Adjustment for Vacancy

  • Wage Increases The wage rates in this Agreement will only be increased in accordance with any increases which may be awarded by the Australian Fair Pay Commission through wage reviews. The level of any increases will be such that the percentage wage increase as set out in Clause 15 of this agreement will be maintained. No additional increases in wage rates will apply to the rate of pay in Clause 15 of this Agreement while it is in operation.

  • Annual Increases On each anniversary of Employee's termination from employment, any remaining amounts to be paid during the next year pursuant to this Paragraph 9 shall be increased to an amount equal to one hundred ten percent (110%) of the amounts required to be paid by Employer hereunder under the provisions of this Paragraph 9 during the preceding year.

  • Wage Increase 1. The minimum hourly wage amounts in the salary table in column I (job grades 1 up to and includ- ing 3) concern the statutory minimum wage and are adjusted in the event of an increase in the statutory minimum wage. 2. Each calendar year, in principle before 1 July, the CLA parties shall conduct talks on the adjust- ment of the (other) amounts shown in the salary table (column I, job grades 4 up to and including 6, column II and III) in article 28(2) of the CLA from 1 July of that year. 3. If an adjustment of the salary table (column I, job grades 4 up to and including 6, columns II and III) is agreed pursuant to paragraph 2 of this article, this will be applied as follows: a. The salary table (column I, job grades 4 up to and including 6, columns II and III) will be increased by the agreed percentage and b. the actual wage of the temporary agency worker will be increased by the agreed percentage from the agreed date.

  • Adjustment of Conversion Rate The Conversion Rate shall be adjusted from time to time by the Company if any of the following events occurs, except that the Company shall not make any adjustments to the Conversion Rate if Holders participate (other than in the case of (x) a share split or share combination or (y) a tender or exchange offer), at the same time and upon the same terms as holders of the Common Stock and solely as a result of holding the Notes, in any of the transactions described in this Section 9.04, without having to convert their Notes as if they held a number of shares of Common Stock equal to the Conversion Rate, multiplied by the Principal Amount (expressed in thousands) of Notes held by such Holder. (a) If the Company exclusively issues shares of the Common Stock as a dividend or distribution on shares of the Common Stock, or if the Company effects a share split or share combination, the Conversion Rate shall be adjusted based on the following formula: where, CR0 = the Conversion Rate in effect immediately prior to the close of business on the Record Date of such dividend or distribution, or immediately prior to the open of business on the Effective Date of such share split or share combination, as applicable; CR1 = the Conversion Rate in effect immediately after the close of business on such Record Date or immediately after the open of business on such Effective Date, as applicable; OS0 = the number of shares of the Common Stock outstanding immediately prior to the close of business on such Record Date or immediately prior to the open of business on such Effective Date, as applicable (before giving effect to any such dividend, distribution, split or combination); and OS1 = the number of shares of the Common Stock outstanding immediately after giving effect to such dividend, distribution, share split or share combination. Any adjustment made under this Section 9.04(a) shall become effective immediately after the close of business on the Record Date for such dividend or distribution, or immediately after the open of business on the Effective Date for such share split or share combination, as applicable. If any dividend or distribution of the type described in this Section 9.04(a) is declared but not so paid or made, the Conversion Rate shall be immediately readjusted, effective as of the date the Board of Directors determines not to pay such dividend or distribution, to the Conversion Rate that would then be in effect if such dividend or distribution had not been declared. (b) If the Company distributes to all or substantially all holders of the Common Stock any rights, options or warrants (other than pursuant to a stockholder rights plan) entitling them, for a period of not more than 45 calendar days after the announcement date of such distribution, to subscribe for or purchase shares of the Common Stock at a price per share that is less than the average of the Closing Sale Prices of the Common Stock for the 10 consecutive Trading Day period ending on, and including, the Trading Day immediately preceding the date of announcement of such distribution, the Conversion Rate shall be increased based on the following formula: where, CR0 = the Conversion Rate in effect immediately prior to the close of business on the Record Date for such distribution; CR1 = the Conversion Rate in effect immediately after the close of business on such Record Date; OS0 = the number of shares of the Common Stock outstanding immediately prior to the close of business on such Record Date;

  • Salary Increases The Employer agrees to pay the negotiated salary increases to every employee not later than the month following the month in which this Agreement is signed and not later than the month following the month in which any subsequent salary increases become effective.

  • Increment Date for Salary Grid Placement Upon achieving one (1) year of experience, an increment shall be awarded on the first of the month following the month in which the experience accumulation is earned.

  • General Wage Increases Effective and retroactive to July 1, 2021, the annual base salary shall be increased by 2.5% for all active employees. 2.5% shall be extended and retroactive to employees who retired and terminated/separated in good standing with 10 years or more of state service on or after 07/01/2021. Effective 07/01/2022 the annual base salary shall be increased by 2.5% for all active employees. Effective 07/01/2023 the annual base salary shall be increased by 2.5% for all active employees. **Wage reopener for 2024 – 2025 (for effective date July 1, 2024).

  • Annual Adjustment At the end of each Fiscal Year and following receipt by Manager of the annual accounting referred to in Article 10, an adjustment will be made to such annual account, if necessary and if available, so that the appropriate amount shall have been deposited in the Reserve.

  • Annual Adjustments Base Rent shall be increased on each annual anniversary of the first day of the first full month during the Term of this Lease (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated.

  • Salary Increase Effective December 1, 2015, salary rates shall be increased by 2.25%.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!