Common use of Occupancy Adjustment Clause in Contracts

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.

Appears in 4 contracts

Samples: Shared Services Agreement (Mack Cali Realty L P), Lease (Rosetta Genomics Ltd.), Agreement (Eagle Pharmaceuticals, Inc.)

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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 and Utility and Energy 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.

Appears in 2 contracts

Samples: Lease (Arno Therapeutics, Inc), Lease Agreement (Intelligroup Inc)

Occupancy Adjustment. If the Building is less than eightyninety-five percent (8595%) 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 Building Electric will be adjusted during any such Lease Year or Partial Lease Year so as to reflect eightyninety-five percent (8595%) occupancy. The aforesaid adjustment will only be made with respect to those items that are in fact affected by variations in occupancy levels.

Appears in 1 contract

Samples: Lease (Geron Corp)

Occupancy Adjustment. If the Building is less than eightyninety-five percent (8595%) occupied during the Calendar Year or during any Lease Year or Partial Lease Year subsequent to the Calendar Year, then the Operating Costs and Utility and Energy 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 eightyninety-five percent (8595%) occupancyoccupan­cy. The aforesaid adjustment will only be made with respect to those items that are in fact affected by variations in occupancy levels.

Appears in 1 contract

Samples: Agreement (Cover All Technologies Inc)

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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-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.

Appears in 1 contract

Samples: Agreement (Ophthotech Corp.)

Occupancy Adjustment. If the Building is less than eightyninety-five percent (8595%) 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 eightyninety-five percent (8595%) occupancy. The aforesaid adjustment will only be made with respect to those items that are in fact affected by variations in occupancy levels.

Appears in 1 contract

Samples: Lease (Inovio Biomedical Corp)

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