Occupancy Adjustment. If, with respect to Operating Cost Escalation, as established in Article 23(a) hereof, and Utility and Energy Cost Escalation, as established in Article 23(b) hereof, the Building is less than ninety-five percent (95%) occupied during the establishment of the respective Base Periods, then the Base Costs incurred with respect to said Operating Cost or Utility and Energy Cost shall be adjusted during any such period within the Base Period so as to reflect ninety-five percent (95%) occupancy. Similarly, if during any Lease Year or Partial Lease Year, subsequent to the Base Period the Building is less than ninety-five percent (95%) occupied, then the actual costs incurred for Operating Cost and Utility and Energy Cost shall be increased during any such period to reflect ninety-five percent (95%) occupancy so that at all times after the Base Period the Operating Cost or Utility and Energy Cost shall be actual costs, but in the event less than ninety-five percent (95%) of the Building is occupied during all or part of the Lease Year involved, the Operating Cost or Utility and Energy Cost shall not be less than that which would have been incurred had ninety-five percent (95%) of the Building been occupied. The aforesaid adjustment shall only be made with respect to those items that are in fact affected by variations in occupancy levels.
Occupancy Adjustment. If the Building is less than eighty-five percent (85%) occupied during the Calendar Year or during any Lease Year or Partial Lease Year subsequent to the Calendar Year, then the Operating Costs will be adjusted during the Calendar Year and the Operating Costs and Utility and Energy Costs will be adjusted during any such Lease Year or Partial Lease Year so as to reflect eighty-five percent (85%) occupancy. The aforesaid adjustment will only be made with respect to those items that are in fact affected by variations in occupancy levels.
Occupancy Adjustment. If the Project is not fully occupied by tenants during all or any portion of a year, Landlord may make an appropriate adjustment to those Common Expenses which vary by occupancy, employing sound accounting and management principles, to the amount that would have been incurred if the rentable area of the Project had been fully occupied.
Occupancy Adjustment. If the Project is not fully leased and occupied in any Fiscal Year, appropriate adjustments shall be made in determining Occupancy Costs under this Section 2.00 so that Occupancy Costs shall be as though the Project had been fully leased and occupied during that Fiscal Year.
Occupancy Adjustment. If less than an average of 95% of the rentable area of the Building is occupied by tenants during all or any portion of a year, Landlord shall make an appropriate adjustment of Common Expenses for such year employing sound accounting and management principles, to determine the amount of Common Expenses that vary with occupancy and that would have been incurred if 95% of the rentable area of the Building had been occupied during the entire year, with the intent that Tenant's Percentage times the Common Expenses so calculated better reflect Tenant's actual consumption of Common Expenses. In no event shall Landlord be entitled to receive reimbursement from all tenants for more than its actual out-of-pocket expenses.
Occupancy Adjustment. Notwithstanding any other provision herein to the contrary, if the Building is not fully occupied during any year of the Term or the entire Building is not provided with Landlord’s Services (as hereinafter defined), then Operating Expenses shall be computed for such year as though the Building had been 95% occupied and had been provided with Landlord’s Services during such year.
Occupancy Adjustment. With respect to any calendar year or partial calendar year in which the Building is not fully occupied (including without limitation the Base Year), those Operating Costs (including management fees) which vary with occupancy of the Building for such period will, for the purposes of this Lease, be increased to the amount which would have been incurred had the Building been fully occupied.
Occupancy Adjustment. If the Building is less than 95% occupied -------------------- during any portion or all of the Base Year or any Comparison Year, then Landlord shall adjust those Operating Costs which vary with the occupancy level of the Building for any such Year to an amount which reflects what such Operating Costs would have been for such Year had the Building been 95!k occupied throughout such Year. In no event shall such calculation yield a profit to Landlord.
Occupancy Adjustment. If there is unoccupied space in the Building in any Fiscal Year, then expenses for janitorial services, trash removal, electricity and washroom supplies in such Fiscal Year shall be adjusted upward to the amount that would have been incurred if the Building had been fully occupied; provided, however, that in no event will such adjustment permit Landlord to collect from tenants in the Building, on account of Operating Costs, more than 100% of the actual amount of such expenses.
Occupancy Adjustment. If during all or any portion of any year the Building is not fully rented and occupied by tenants, Landlord may elect to make an appropriate adjustment of Operating Expenses for such year, employing sound accounting and management principles, to determine the Operating Expenses that would have been paid or incurred by Landlord had the Building been fully rented and occupied for the entire year, and the amount so determined shall be deemed to have been the Operating Expenses for such year.
