Operating Cost Adjustment. (a) If in any calendar year the Operating Cost is greater than the Estimated Operating Cost, Tenant shall pay to Landlord as additional rent an amount equal to such excess. Any amount payable by Tenant to Landlord under this Section 6 shall be paid within thirty (30) days after written notice thereof by Landlord, such notice to be given by Landlord not later than March 31 of each calendar year. Landlord may, either prior to the beginning of or during any calendar year, compute a bona fide estimate of Operating Cost for such calendar year. Upon receipt of written notice thereof, Tenant shall pay to Landlord, in monthly installments simultaneously with payments of Base Rent under Section 4(a), one-twelfth of such new estimate of Operating Cost. An annual adjustment shall be made between the parties within thirty (30) days after Landlord's determination of Operating Cost. Any amounts of excess estimated Operating Cost which Landlord is required to return may be offset by accrued amounts payable by Tenant to Landlord. If the term of this Lease ends before the end of a calendar year, any amount payable by Tenant or Landlord in respect of that year under this Section 6 shall be adjusted proportionately on a daily basis utilizing the previous year's determination of Operating Costs and the obligation to pay such amount shall survive the expiration or earlier termination of this Lease.
Operating Cost Adjustment. In addition to the rate adjustments provided for in Section 6. A., at any time during the term of this Agreement, the Service Provider may petition the Town for additional rate and price adjustments at reasonable times on the basis of material or unusual changes in its cost of operations due to, or directly resulting from, increased fuel costs, ad valorem taxes, governmental fees or regulations, or revised federal, state or local laws, ordinances or regulations. At the time of any such petition, the Service Provider shall provide the Town with documents and records in reasonable form and sufficient detail to reasonably establish the necessity of any requested rate adjustment.
Operating Cost Adjustment. In addition to the rate adjustments provided for in Section 10.A., at any time during the term of this Agreement, the Service Provider may petition the City for additional rate and price adjustments at reasonable times on the basis of material or unusual changes in its cost of operations not otherwise the basis of any other rate adjustments herein. At the time of any such petition, the Service Provider shall provide the City with documents and records in reasonable form and sufficient detail to reasonably establish the necessity of any requested rate adjustment. The City shall place the requested adjustment before the City Council, as appropriate by law, at its next regularly scheduled meeting for their consideration. The City shall not unreasonably withhold, condition, or delay its consent to any requested rate increase In the event the City fails or refuses to consent to any such requested rate increase and the Service Provider can demonstrate that such rate increase is necessary to offset the Service Provider’s increased costs in connection with performing the services under this Agreement not otherwise offset by any previous rate adjustments hereunder, the Service Provider may, in its sole discretion, terminate this Agreement upon a two hundred and seventy (270) day written notice to the City.
Operating Cost Adjustment. Effective as of the Effective Date, Tenant's share of the Operating Costs for the Building is 75.95%. In the event that the Effective Date is not the first day of the calendar year, Tenant shall pay a prorated amount (number of days in the calendar year after the Effective Date to 365) of any annual Operating Costs adjustment that shall be due for the Additional Premises plus 100% of any annual Operating Cost adjustment for the remainder of the Premises for the calendar year in which the Effective Date falls and 100% of any annual Operating Cost adjustment for the entire Premises in subsequent years.
Operating Cost Adjustment. (A) The operating cost adjustment will be determined by comparing Owner’s actual operating costs, based on its normal operating costs in the ordinary course of business rather than those directly resulting from Owner’s negligence, with Owner’s modeled costs for each contract year contained in Schedule F. The model is based upon the following cost components: • Crew Cost • Routine Maintenance • Major Maintenance • Insurance • Supplies
Operating Cost Adjustment. 6 2.5 AMI Consent...................................................6
Operating Cost Adjustment. The Annual Base Rental shall be subject to periodic adjustment at successive annual intervals for increases in Annual Operating Cost in accordance with the following provisions:
Operating Cost Adjustment. In May of each year, except the first year (so, the first opportunity to petition for a CPI increase starts one [1] year and [5] months after the Agreement’s effective date), of this Agreement, the Service Provider upon petitioning the City, shall be entitled to rate and price adjustments on the basis of Standard CPI rate increases equal to the increases in the Water, Sewer, and Trash Collection Services expenditure category of CPI-U (non-seasonally adjusted, rolling 12-month average) published by the U.S. Bureau of Labor Statistics (see xxx.xxx.xxx/xxx/ for more information). These rate increases will go into effect in October, the first month of the City’s fiscal year, 5 months after a petition is submitted.
Operating Cost Adjustment. In addition to the rate adjustments provided for above, at any time during the term of this Agreement, the Service Provider may petition the Association for additional rate and price adjustments at reasonable times on the basis of material or unusual changes in its cost of operations. At the time of any such petition, the Service Provider shall provide the Association with documents and records in reasonable form and sufficient detail to reasonably establish the necessity of any requested rate adjustment. The Association shall have the right to determine the validity of any request for a change in rates.
Operating Cost Adjustment. Factors (OCAF) Determine the amount of OCAF in accordance with HUD requirements; Analyze adjustments of the owner utility allowance schedule, if applicable; Calculate the amount of rent adjustment and provide written notification to the owner; Validate comparability study if submitted by the owner to support a contract renewal request; Verify accurate, timely completion and submission of adjusted rent schedule by the owner; and Enter data into the appropriate HUD system.
