Common use of Occupancy Adjustment Clause in Contracts

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, with respect to Operating Cost Escalation, as established in Article 23(aSubsection 25(A) hereof, and Utility and Energy Cost Escalation, as established in Article 23(bSubsection 25(B) hereof, the Building is less than not ninety-five percent (95%) percent occupied during the establishment of the respective Base PeriodsPeriod Costs, then the Base Period 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%) percent occupancy. Similarly, if if, during any Lease Year or Partial Lease Year, proportionate part thereof subsequent to the establishment of the respective Base Period Costs the Building is less than ninety-five percent (95%) percent 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%) percent occupancy so that at all times after the establishment of the aforesaid Base Period Costs, the Operating Cost or Utility and Energy Cost and Operating Cost shall be actual costs, but in the event less than ninety-five percent (95%) percent of the Building is occupied during all or part of the Lease Year involved, the Operating Cost or Utility and Energy Cost and Operating Cost shall not be less than that which would have been incurred had ninety-five percent (95%) percent 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. To the extent any Operating Cost or Utility and Energy Cost is separately billed or metered or paid for directly by any Building tenant, to include but not be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.

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 ninetyeighty-five percent (9585%) 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 ninetyeighty-five percent (9585%) occupancy. Similarly, if during any Lease Year or Partial Lease Year, subsequent to the Base Period the Building is less than ninetyeighty-five percent (9585%) occupied, then the actual costs incurred for Operating Cost and Utility and Energy Cost shall be increased during any such period to reflect ninetyeighty-five percent (9585%) 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 ninetyeighty-five percent (9585%) 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 ninetyeighty-five percent (9585%) 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, with respect to Operating Cost Escalation, as established in Article 23(aSubsection 25(A) hereof, and Utility and Energy Cost Escalation, as established in Article 23(bSubsection 25(B) hereof, the Building is less than not ninety-five percent (95%) percent occupied during the establishment of the respective Base PeriodsPeriod Costs, then the Base Period 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%) percent occupancy. Similarly, if if, during any Lease Year or Partial Lease Year, proportionate part thereof subsequent to the establishment of the respective Base Period Costs the Building is less than ninety-five percent (95%) percent 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%) percent occupancy so that at all times after the establishment of the aforesaid Base Period Costs, the Operating Cost or Utility and Energy Cost and Operating Cost shall be actual costs, but in the event less than ninety-five percent (95%) percent of the Building is occupied during all or part of the Lease Year involved, the Operating Cost or Utility and Energy Cost and Operating Cost shall not be less than that which would have been incurred had ninety-five percent (95%) 95%)percent 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. To the extent any Operating Cost or Utility and Energy Cost is separately billed or metered or paid for directly by any Building tenant, to include but not be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.

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(bSubsection 22(A) hereof, the Building is less than ninety-five percent not ninety (9590%) percent occupied during the establishment of the respective Base Periods, periods then the Base Costs costs incurred with respect to said Operating Cost or Utility and Energy Cost shall be adjusted during any such period within the Base Period period so as to reflect ninety-five percent ninety (9590%) percent occupancy. Similarly, if if, during any Lease Year or Partial Lease Year, proportionate part thereof subsequent to the Base Period the Building is less than ninety-five percent ninety (9590%) occupied, percent 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 ninety (9590%) percent 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 ninety (9590%) percent 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 ninety (9590%) percent 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. To the extent any Operating Cost is separately billed or metered or paid for directly by any Building tenant, to include but not be limited to Tenant, or for which Landlord receives reimbursements, said space be considered vacant space for purposes of the aforesaid adjustment.

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 ninety percent (9590%) 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 ninety percent (9590%) occupancy. Similarly, if during any Lease Year or Partial Lease Year, subsequent to the Base Period the Building is less than ninety-five ninety percent (9590%) 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 ninety percent (9590%) 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 ninety percent (9590%) 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 ninety percent (9590%) 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, with respect to Operating Cost Escalation, as established in Article 23(aSubsection 23(A) hereof, and Utility and Energy Cost Escalation, as established in Article 23(bSubsection 23(B) hereof, the Building is less than not ninety-five percent (95%) percent occupied during the establishment of the respective Base Periods, then the Base Period 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%) percent occupancy. Similarly, if if, during any Lease Year or Partial Lease Year, proportionate part thereof 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 and Operating Cost shall not be less than that which would have been incurred had ninety-five percent (95%) percent 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. To the extent any Operating Cost or Utility and Energy Cost is separately billed or metered or 15 paid for directly by any Building tenant, to include but not be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.

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, and Insurance Cost Escalation, as established in Article 23(d) hereof, the Building is less than ninety-five percent (95%) occupied during the establishment of the respective Base Periods, then the Base Period Costs incurred with respect to said Operating Cost or Utility and Energy Cost or Insurance 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 and Insurance 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 or Insurance 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 or Insurance 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, 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) hereofhereof and Insurance Cost Escalation, as established in Article 23(d), the Building is less than ninety-five percent (95%) occupied during the establishment of the respective Base Periods, then the Base Period Costs incurred with respect to said Operating Cost or Cost, Utility and Energy Cost and Insurance 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 Cost, Utility and Energy Cost and Insurance 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 Cost, Utility and Energy Cost or Insurance 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 Cost, Utility and Energy Cost or Insurance 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, 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, with respect to Operating Cost Escalation, as established in Article 23(aSubsection 22(A) hereof, and Utility and Energy Cost Escalation, as established in Article 23(bSubsection 22(B) hereof, the Building is less than ninety-five percent not ninety (9590%) percent occupied during the establishment of the respective Base Periods, periods then the Base Costs costs incurred with respect to said Operating Cost Costs or Utility and Energy Cost Costs shall be adjusted during any such period within the Base Period period so as to reflect ninety-five percent ninety (9590%) percent occupancy. Similarly, if if, during any Lease Year or Partial Lease Year, proportionate part thereof subsequent to the Base Period the Building is less than ninety-five percent ninety (9590%) occupied, percent 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 ninety (9590%) percent 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 ninety (9590%) percent 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. To the extent any Operating Cost or Utility and Energy Costs is separately billed or metered or paid for directly by any Building tenant, to include but not to be limited to Lessee, or for which Lessor receives reimbursements, said space shall be considered vacant space for purposes of the aforesaid adjustment.

Occupancy Adjustment. If, If with respect to Operating Cost Escalationoperating cost escalation, as established in Article 23(asubparagraph (a) hereof, and Utility utility and Energy Cost Escalationenergy cost escalation, as established in Article 23(bsubparagraph (b) hereof, the Building building is less than not ninety-five percent (95%) percent occupied during the establishment of the respective Base Periodsbase periods, then the Base Costs base costs incurred with respect to said Operating Cost operating cost or Utility utility and Energy Cost energy cost shall be adjusted during any such period within the Base Period base period so as to reflect ninety-five percent (95%) percent occupancy. Similarly, if during any Lease Year year or Partial Lease Yearproportionate part thereof, subsequent to the Base Period base period, the Building building is less than ninety-five percent (95%) percent occupied, then the actual costs incurred for Operating Cost operating cost and Utility utility and Energy Cost energy cost shall be increased during any such period to reflect ninety-five percent (95%) percent occupancy so that at all times after the Base Period base period the Operating Cost utility and energy cost or Utility and Energy Cost operating cost shall be actual costs, ; but in the event less than ninety-five percent (95%) percent of the Building building is occupied during all or part of the Lease Year year involved, the Operating Cost or Utility utility and Energy Cost energy cost and operating cost shall not be less than that which would have been incurred had ninety-five percent (95%) percent of the Building building been occupied. The aforesaid adjustment shall only be made with respect to those items that are in fact affected by variations variation in occupancy levels.

Occupancy Adjustment. Ifif, 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 ninetyeighty-five percent (9585%) 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 ninetyeighty-five percent (9585%) occupancy. Similarly, if during any Lease Year or Partial Lease Year, subsequent to the Base Period the Building is less than ninetyeighty-five percent (9585%) occupied, then the actual costs incurred for Operating Cost and Utility and Energy Cost shall be increased during any such period to reflect ninetyeighty-five percent (9585%) 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 ninetyeighty-five percent (9585%) 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 ninetyeighty-five percent (9585%) 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, 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 ninetyeighty-five percent (9585%) occupied during the establishment of the respective Base Periods, then the t 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 ninetyeighty-five percent (9585%) occupancy. Similarly, if during any Lease Year or Partial Lease Year, subsequent to the Base Period the Building is less than ninetyeighty-five percent (9585%) occupied, then the actual costs incurred for Operating Cost and Utility and Energy Cost shall be increased during any such period to reflect ninetyeighty-five percent (9585%) 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 ninetyeighty-five percent (9585%) 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 ninetyeighty-five percent (9585%) 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, with respect to Operating Cost Escalation, as established in Article Section 23(a) hereof, and Utility and Energy Cost Escalation, as established in Article Section 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.