Operating Costs and Taxes. See Sections 5.2 and 5.3
Operating Costs and Taxes. Additional Rent (including, without limitation, Operating Costs and Taxes) payable by the Tenant will be estimated by the Landlord for such period as is designated by the Landlord from time to time. Subject to Section 9.5, the Tenant will pay the Landlord the estimated amount in monthly instalments in advance on the first day of each calendar month during the designated period. Within a reasonable period of time following the designated period the Landlord will furnish to the Tenant a statement setting out the Operating Costs and Taxes for such period and the Tenant’s Proportionate Share thereof. If the amount payable by the Tenant as shown on any such statement is greater or less than the aggregate of amounts paid by the Tenant under this Section 3.2, the proper adjusting credit or payment will be made between the parties within 14 days after delivery of the statement. Any credit made by the Landlord or payment made by the Tenant and accepted by the Landlord in respect of any adjustment made hereunder, will be without prejudice to the Landlord’s or Tenant’s right to claim a readjustment provided such claim is made within 12 months from the date of delivery of the statement referred to in this Section 3.2. Notwithstanding the foregoing, whenever in the Landlord’s reasonable opinion, any item of Operating Costs or Taxes properly applies to a particular tenant within the Complex, the Landlord may allocate such item of Operating Costs or Taxes to such tenant. The Tenant will pay any amount so allocated by the Landlord to the Tenant upon demand.
Operating Costs and Taxes. Fully net and carefree to the Landlord. The Landlord is not responsible for any costs, charges, expenses, taxes and outlays of any nature or kind whatsoever arising from or relating to the use and occupancy of the Leased Premises. The Tenant is responsible at its costs, for all repairs, maintenance and replacements.
Operating Costs and Taxes. Section 8(a) of the Second Amendment is hereby deleted in its entirety and replaced with the following:
Operating Costs and Taxes. Except as otherwise provided herein, Tenant will pay all costs, charges, insurance premiums, taxes, expenses and assessments of every kind and nature incurred for, against or in connection with the Premises which arise or become due during the Term as a result of Tenant's use and occupancy of the Premises. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall County be obligated or required to make any payment of any kind whatsoever or be under any other obligation or liability under this Lease except as expressly provided herein.
Operating Costs and Taxes. The tenant shall pay its proportionate share of any and all Operating Costs and Taxes. The Tenant acknowledge and agrees that it may be responsible for arranging for itself the provision of all utilities and services, to or for the premises, and that the landlord shall have no liability for the provision, or cost, of such items. The Tenant shall indemnify and save harmless the landlord with respect thereto, including, without limitation, any claims with respect to cancellation of any service contracts on the expiry or sooner termination of the lease. The Landlord may, at its option, estimate in advance any Operating Cost that will be incurred by it and
Operating Costs and Taxes. In addition to Base Rent, Tenant shall pay to Landlord, payable monthly throughout the Term of this Lease (commencing on January 1, 2006), Tenant's Proportionate Share of those Operating Costs which exceed Landlord's Share of Operating Costs. The term "Operating Costs," as used in this Lease, shall comprise all real expenses and costs (other than special costs which are separately billed to and paid by specific tenants) of every kind and nature which Landlord shall pay or become obligated to pay because of or in connection with the ownership and operation of the Building and Common Areas, as determined on an accrual basis and in accordance with generally accepted accounting principles ("GAAP") consistently applied, which exceeds Landlord's Share of Operating Costs. Operating Costs shall include but not be limited to the following:
(a) Wages, salaries, customary fringe benefit costs, payroll taxes, unemployment compensation payments, worker's compensation insurance premiums and other related expenses of all employees directly engaged in the operation, maintenance and security of the Building; costs of Building employee uniforms and the cleaning thereof; the cost of fair rental value of a Building management office; and the management fees payable by Landlord (except brokerage commissions for leasing) if management of the Building is contracted to a third party; provided, however, that such management fees shall not exceed five percent (5%) of the total Operating Costs for the Building;
(b) All supplies and materials used in the operation, cleaning and maintenance of the Building and all of its machinery and equipment;
(c) Utility Costs, including but not limited to, gas, water and electric power for heating, lighting, air conditioning and ventilating the entire Building (including all common and service areas), fuel adjustment charges, sewer use charges and any utility taxes actually incurred (but excluding late fees);
(d) Cost of all maintenance and service agreements for the Building and the equipment therein, including, without limitation, alarm service, trash removal, window cleaning, elevator maintenance, snow removal, landscaping and sidewalks;
(e) Accounting costs, including the costs of audits by certified public accountants, pertaining solely to the management and operation of the Building;
(f) Cost of all insurance including, without limitation, fire, casualty, liability and rental value insurance applicable to the Building and Landlord's personal...
Operating Costs and Taxes. (a) Tenant’s Share of Operating Costs, as defined in the Original Lease, shall be due from Tenant with respect to the Premises for the Extension Term, in the same manner and at the same time as such Operating Costs are due with respect to the Premises, under the Original Lease.
(b) Tenant’s Share of Taxes, as defined in the Original Lease, shall be due from Tenant with respect to the Premises for the Extension Term, in the same manner and at the same time as such Taxes are due with respect to the Premises, under the Original Lease.
Operating Costs and Taxes. Section 4.1 Tenant shall pay to Landlord Tenant's Share of Excess Operating Costs and Excess Taxes for each calendar year or fractional calendar year during the Term in accordance with the terms and provisions of this Article 4.
A. Prior to the first business day (or as soon thereafter as is practicable) of each calendar year after the Base Year, Landlord shall give Tenant a statement setting forth Landlord's estimate of Excess Operating Costs and Excess Taxes for such calendar year and Tenant's Share thereof. With respect to the first calendar year after the Base Year, (i) if such statement is given prior to January 1 of such year, then on January 1 and on the first day of each month during such calendar year Tenant shall pay to Landlord the Monthly Installment of Excess Operating Costs and Excess Taxes for such calendar year, or (ii) if such statement is given on or after January 1 of such year, then within thirty (30) days after such statement is given Tenant shall pay to Landlord the product of the amount of the Monthly Installment of Excess Operating Costs and Excess Taxes for such calendar year multiplied by the number of months during such calendar year occurring prior to the date of such payment (including the month during which such payment is made) and thereafter Tenant shall pay to Landlord, on the first day of each month during the remainder of such calendar year, the Monthly Installment of Excess Operating Costs and Excess Taxes for such calendar year. With respect to the second and subsequent calendar years after the Base Year, (i) if such statement is given prior to January 1 of such year, then on January 1 and on the first day of each month during such calendar year Tenant shall pay to Landlord the Monthly Installment of Excess Operating Costs and Excess Taxes for such calendar year, or (ii) if for any reason such statement is given on or after January 1 of such year, then until Tenant is given such statement Tenant shall continue to pay to Landlord, on January 1 and on the first day of each month until the date on which such statement is given, the Monthly Installment of Excess Operating Costs and Excess Taxes for the preceding calendar year, and (A) within thirty (30) days after such statement is given Tenant shall pay to Landlord any underpayment by Tenant, or, in the event of an overpayment by Tenant, such overpayment shall be applied as a credit against the next installment(s) of Rent payable under this Lease, and (B) thereafter Tenant...
Operating Costs and Taxes. In addition to the Monthly Base ------------------------- Rent to be paid by Subtenant to Sublandlord as described above, Subtenant shall pay to Sublandlord as additional rent hereunder (the "Additional Rent") Subtenant's Share (as defined below) of Total Operating Costs (as defined below) and Total Taxes (as defined below), commencing on the Sublease Commencement Date and continuing thereafter on the first day of each calendar month throughout the Sublease Term; provided, however, that under no circumstances shall Subtenant's Share of Total Operating Costs and Total Taxes exceed, in the aggregate, $41,844.75 (seventy-five cents ($0.75) per square foot of the Original Rentable Area in the Premises) per month for the first twelve (12) months of the Sublease Term (the "First Year Cap"). Notwithstanding the First Year Cap, however, with respect to payment of Master Landlord's property management fees as part of Operating Costs under Section 3.2(a) of the Master Lease, under no circumstances shall Subtenant's Share of the portion of the Management Fee equal to one percent (1%) of total gross revenues for the Building as described in the Master Lease be limited by the First Year Cap. The First Year Cap applies only to Total Operating Costs and Total Taxes for the Original Rentable Area of the Premises, and not to any additional space leased by Subtenant from Sublandlord pursuant to Subtenant's First Offer Right described in Section 12 hereof.