Maintenance Costs. (a) Tenant shall pay to Landlord, as additional rental, in monthly installments based on Landlord's estimates, from time to time, simultaneously with payment of minimum rental called for under Section 5, Tenant's Pro Rata Share of the "maintenance cost" for the operation, maintenance, repair and replacement of the common areas and those costs incurred by Landlord pursuant to Section 9.1 above. (b) The maintenance costs for the common areas shall be computed on an accrual basis, and shall include all costs incurred by Landlord in connection with operating, securing, maintaining, repairing and replacing the common areas, including by way of example but not limitation: (i) cost of labor (including workmen's compensation insurance, employee benefits and payroll taxes); (ii) materials, and supplies used or consumed in the maintenance or operation of the common area; (iii) to the extent not included in Section 12.1(b), the cost of operating and repairing of the lighting; (iv) cleaning, painting, removing of rubbish or debris, snow and ice, private security services, and inspecting the common areas; (v) the cost of repairing and/or replacing paving, curbs, walkways, markings, directional or other signs; landscaping, and drainage and lighting facilities; (vi) rental paid for maintenance of machinery and equipment; (vii) to the extent not included in Section 6.5, cost of insurance for public liability and property insurance and boiler and machinery insurance for property in the common areas which are not part of the building, and crime insurance; (viii) the cost of operating, repairing and maintaining the central HVAC system, to the extent the Leased Premises are served thereby; (ix) one-half (1/2) of all costs properly chargeable to a capital account and (x) a reasonable allowance to Landlord for Landlord's supervision, which allowance shall not in an accounting year exceed ten percent (10%) of the total of all maintenance costs (excluding item (vii) above) for such accounting year (all of the foregoing are collectively referred to herein as "Maintenance Costs."
Appears in 1 contract
Samples: Industrial Space Lease (Value City Department Stores Inc /Oh)
Maintenance Costs. (a) Subject to the limitation set forth in Section 4.3, Tenant shall pay to Landlord, as additional rental, in monthly installments based on Landlord's ’s estimates, from time to time, simultaneously with payment of minimum rental called for under Section 5Article IV, Tenant's ’s Pro Rata Share of the "maintenance cost" “Maintenance Cost” for the operation, maintenance, repair and replacement of the common areas Common Areas and those costs incurred by Landlord pursuant to Section 9.1 above.
(b) The maintenance costs Maintenance Costs for the common areas Common Areas shall be computed on an accrual basis, and shall include all costs incurred by Landlord in connection with operating, securing, maintaining, repairing and replacing the common areasCommon Areas, including by way of example but not limitation: (i) cost of labor (including workmen's ’s compensation insurance, employee benefits and payroll taxes); (ii) materials, and supplies used or consumed in the maintenance or operation of the common areaCommon Area; (iii) to the extent not included in Section 12.1(b), the cost of operating and repairing of the lighting; (iv) cleaning, painting, removing of rubbish or debris, snow and ice, private security services, and inspecting the common areasCommon Areas; (v) the cost of repairing and/or replacing paving, curbs, walkways, parking lots, markings, directional or other signs; landscaping, and drainage and lighting facilities; (vi) rental paid for maintenance of machinery and equipment; (vii) to the extent not included in Section 6.5, cost of insurance for public liability and property insurance and boiler and machinery insurance for property in the common areas Common Areas which are not part of the building, and crime insurance; (viii) the cost of operating, repairing and maintaining the central HVAC system, to the extent the Leased Premises are served thereby; (ix) one-half (1/2) of all costs properly chargeable to a capital account and (xix) a reasonable allowance to Landlord for Landlord's ’s supervision, which allowance shall not in an accounting year exceed ten percent (10%) of the total of all maintenance costs Maintenance Costs (excluding item (vii) above) for such accounting year (all of the foregoing are collectively referred to herein as "“Maintenance Costs."” Maintenance Costs shall not include greater than one-half (1/2) of any costs incurred by Landlord properly chargeable to a capital account.
(c) Landlord shall maintain accurate and detailed records of all Maintenance Costs for the Common Areas.
(d) Tenant’s Pro Rata Share of all Maintenance Costs shall be computed by Landlord within ninety (90) days after the end of each accounting year (which Landlord may change from time to time). Landlord shall furnish to Tenant a statement showing in reasonable detail the actual Maintenance Costs incurred during such accounting year and Xxxxxx’s Pro Rata Share thereof. To the extent Tenant’s Pro Rata Share of such costs is greater than the sums paid by Tenant for such year, the difference shall be billed to and paid by Tenant within thirty (30) days after Xxxxxx’s receipt of said xxxx. Any shortfall shall be credited against future installments of rent. Tenant’s estimated monthly Maintenance Costs thereafter may be adjusted by written notice from Landlord.
Appears in 1 contract
Samples: Industrial Lease
Maintenance Costs. (a) Tenant shall pay to Landlord, as additional rental, in monthly installments based on Landlord's ’s estimates, from time to time, simultaneously with payment of minimum rental called for under Section 5, Tenant's ’s Pro Rata Share of the "“maintenance cost" ” for the operation, maintenance, repair and replacement of the common areas and those costs incurred by Landlord pursuant to Section 9.1 above.
(b) The maintenance costs for the common areas shall be computed on an accrual basis, and shall include all costs incurred by Landlord in connection with operating, securing, maintaining, repairing and replacing the common areas, including by way of example but not limitation: (i) cost of labor (including workmen's ’s compensation insurance, employee benefits and payroll taxes); (ii) materials, and supplies used or consumed in the maintenance or operation of the common area; (iii) to the extent not included in Section 12.1(b), the cost of operating and repairing of the lighting; (iv) cleaning, painting, removing of rubbish or debris, snow and ice, private security services, and inspecting the common areas; (v) the cost of repairing and/or replacing paving, curbs, walkways, parking lots, markings, directional or other signs; landscaping, and drainage and lighting facilities; (vi) rental paid for maintenance of machinery and equipment; (vii) to the extent not included in Section 6.5, cost of insurance for public liability and property insurance and boiler and machinery insurance for property in the common areas which are not part of the building, and crime insurance; (viii) the cost of operating, repairing and maintaining the central HVAC system, to the extent the Leased Premises are served thereby; (ix) one-half (1/2) of all costs properly chargeable to a capital account and (xix) a reasonable allowance to Landlord for Landlord's ’s supervision, which allowance shall not in an accounting year exceed ten percent (10%) of the total of all maintenance costs (excluding item (vii) above) for such accounting year (all of the foregoing are collectively referred to herein as "“Maintenance Costs."” Maintenance Costs shall not include greater than one-half (1/2) of any costs incurred by Landlord properly chargeable to a capital account.
(c) Landlord shall maintain accurate and detailed records of all Maintenance Costs for the common areas.
(d) Tenant’s Pro Rata Share of all Maintenance Costs shall be computed by Landlord within ninety (90) days after the end of each accounting year (which Landlord may change from time to time). Landlord shall furnish to Tenant a statement showing in reasonable detail the actual Maintenance Costs incurred during such accounting year and Tenant’s Pro Rata Share thereof. To the extent Tenant’s Pro Rata Share of such costs is greater than the sums paid by Tenant for such year, the difference shall be billed to and paid by Tenant within thirty (30) days after Tenant’s receipt of said bxxx. Any shortfall shall be credited against future installments of rent. Tenant’s estimated monthly Maintenance Costs thereafter may be adjusted by written notice from Landlord.
(e) Notwithstanding anything to the contrary contained herein, Tenant’s Pro Rata share of Maintenance Costs shall not exceed Fifty Cents (50¢) per square foot per year during the first Lease Year. In addition, during the Term of this Lease, including any and all Option Terms, Tenant’s Pro Rata Share of Maintenance Costs (excluding costs of snow and ice removal and Common Area utility charges) shall not increase by more than ten percent (10%) in any Lease Year over the previous Lease Year.
Appears in 1 contract
Maintenance Costs. (a) Subject to the limitation set forth in Section 4.3, Tenant shall pay to Landlord, as additional rental, in monthly installments based on Landlord's ’s estimates, from time to time, simultaneously with payment of minimum rental called for under Section 5Article IV, Tenant's ’s Pro Rata Share of the "maintenance cost" “Maintenance Cost” for the operation, maintenance, repair and replacement of the common areas Common Areas and those costs incurred by Landlord pursuant to Section 9.1 above.
(b) The maintenance costs Maintenance Costs for the common areas Common Areas shall be computed on an accrual basis, and shall include all costs incurred by Landlord in connection with operating, securing, maintaining, repairing and replacing the common areasCommon Areas, including by way of example but not limitation: (i) cost of labor (including workmen's ’s compensation insurance, employee benefits and payroll taxes); (ii) materials, and supplies used or consumed in the maintenance or operation of the common areaCommon Area; (iii) to the extent not included in Section 12.1(b), the cost of operating and repairing of the lighting; (iv) cleaning, painting, removing of rubbish or debris, snow and ice, private security services, and inspecting the common areasCommon Areas; (v) the cost of repairing and/or replacing paving, curbs, walkways, parking lots, markings, directional or other signs; landscaping, and drainage and lighting facilities; (vi) rental paid for maintenance of machinery and equipment; (vii) to the extent not included in Section 6.5, cost of insurance for public liability and property insurance and boiler and machinery insurance for property in the common areas Common Areas which are not part of the building, and crime insurance; (viii) the cost of operating, repairing and maintaining the central HVAC system, to the extent the Leased Premises are served thereby; (ix) one-half (1/2) of all costs properly chargeable to a capital account and (xix) a reasonable allowance to Landlord for Landlord's ’s supervision, which allowance shall not in an accounting year exceed ten percent (10%) of the total of all maintenance costs Maintenance Costs (excluding item (vii) above) for such accounting year (all of the foregoing are collectively referred to herein as "“Maintenance Costs."” Maintenance Costs shall not include greater than one-half (1/2) of any costs incurred by Landlord properly chargeable to a capital account.
(c) Landlord shall maintain accurate and detailed records of all Maintenance Costs for the Common Areas.
(d) Tenant’s Pro Rata Share of all Maintenance Costs shall be computed by Landlord within ninety (90) days after the end of each accounting year (which Landlord may change from time to time). Landlord shall furnish to Tenant a statement showing in reasonable detail the actual Maintenance Costs incurred during such accounting year and Txxxxx’s Pro Rata Share thereof. To the extent Tenant’s Pro Rata Share of such costs is greater than the sums paid by Tenant for such year, the difference shall be billed to and paid by Tenant within thirty (30) days after Txxxxx’s receipt of said bxxx. Any shortfall shall be credited against future installments of rent. Tenant’s estimated monthly Maintenance Costs thereafter may be adjusted by written notice from Landlord.
Appears in 1 contract
Samples: Industrial Lease (DSW Inc.)