Operating Costs; Taxes. (1) Tenant shall pay all Operating Costs (defined below) respecting the Premises ("ADDITIONAL RENT") and its Proportionate Share of Operating Costs relating to the Building attributable to any period included in the Term according to the terms of this Section 4.(b). Landlord may make a good faith estimate of the Additional Rent to be due by Tenant for any calendar year or part thereof during the Term, and Tenant shall pay to Landlord, on the Commencement Date and on the first day of each calendar month thereafter, an amount equal to the estimated Additional Rent for such calendar year or part thereof divided by the number of months in such year or partial years. From time to time, Landlord may reasonably estimate and re-estimate the Additional Rent to be due by Tenant and deliver a copy of the estimate or re-estimate to Tenant. Thereafter, the monthly installments of Additional Rent payable by Tenant shall be appropriately adjusted in accordance with the estimations so that, by the end of the calendar year in question, Tenant shall have paid all of the Additional Rent as reasonably estimated by Landlord for such calendar year. Any amounts paid based on such an estimate shall be subject to adjustment as herein provided when actual Operating Costs are available for each calendar year.
(2) The term "OPERATING COSTS" shall mean all expenses and disbursements (subject to the limitations set forth below) that Landlord incurs in connection with the ownership, operation, and maintenance of the Building, consistently applied, including, but not limited to, the following costs: (A) wages and salaries (including management fees, which management fees shall not exceed fair market management fees in comparable buildings in the Greater Boston area) of all employees at or below the level of building manager engaged in the operation, maintenance, and security of the Building, including taxes, insurance and benefits relating thereto; (B) all supplies and materials used in the operation, maintenance, and security of the Building; (C) costs for improvements made to the Building which, although capital in nature, are expected to reduce the normal operating costs (including all utility costs) of the Building, as well as capital improvements made in order to comply with any law hereafter promulgated by any governmental authority, as amortized over the useful economic life of such improvements as determined by Landlord in its reasonable discretion (with only the annual amortized...
Operating Costs; Taxes. (1) Tenant shall pay to Landlord Tenant's Proportionate Share of the annual Operating Costs (defined below). Landlord may make a good faith estimate of Tenant's Proportionate Share of Operating Costs to be due by Tenant for any calendar year or part thereof during the Term. During each calendar year or partial calendar year of the Term, Tenant shall pay to Landlord, in advance concurrently with each monthly installment of Basic Rent, an amount equal to the estimated Tenant's Proportionate Share of Operating Costs for such calendar year or part thereof divided by the number of months therein. From time to time, Landlord may estimate and re-estimate the amount of Tenant's Proportionate Share of Operating Costs to be due by Tenant and deliver a copy of the estimate or re-estimate to Tenant. Thereafter, the monthly installments of Tenant's Proportionate Share of Operating Costs payable by Tenant shall be appropriately adjusted in accordance with the estimations so that, by the end of the calendar year in question, Tenant shall have paid all of Tenant's Proportionate Share of Operating Costs as estimated by Landlord. Any amounts paid based on such an estimate shall be subject to adjustment as herein provided when actual Operating Costs are available for each calendar year.
Operating Costs; Taxes. USE, CARE AND REPAIR OF PREMISES BY TENANT............................. 11 9.
Operating Costs; Taxes. Section 4.1 - Operating Costs -----------------------------
Operating Costs; Taxes. Landlord shall pay all Taxes by the date due, and shall, upon Tenant’s written request, furnish Tenant with evidence of such payment. Commencing on October 1, 2005, Tenant shall pay to Landlord as Additional Rent an amount equal to Tenant’s Proportionate Share of the amount by which the annual Operating Costs and Taxes for the Project in any calendar year exceed the amount of Operating Costs and Taxes for the Project for the Base Year; provided, that Tenant will not be required to pay any increases in Controllable Operating Costs in excess of seven percent (7%) of the previous years Operating Costs.
Operating Costs; Taxes. In addition to the Basic Rent herein provided, the Tenant agrees to pay to the Landlord, in twelve (12) equal monthly installments, on the first day of each month during the Term Additional Rent as defined in the Lease, which is presently estimated by the Landlord to be $13.14 per square foot plus GST, per annum. Additional Rent includes the following:
Operating Costs; Taxes. (1) Tenant shall pay to Landlord the amount (per each rentable square foot in the Premises) ("ADDITIONAL RENT") by which the annual Operating Costs (defined below) per
Operating Costs; Taxes. Tenant shall continue to pay Tenant’s Proportionate Share of the amount of Operating Costs and Taxes are in excess of the amount of the Operating Costs and Taxes for the applicable Base Year, as such Base Year is subject to change as provided in Section 3.1 above. Tenant’s payment in calendar year 2024 for Tenant’s Proportionate Share of the increases in Operating Costs and Taxes over the Operating Costs and Taxes for the Base Year shall be calculated on a per diem basis to take into consideration the change in the Base Year under Section 3.1 above.
Operating Costs; Taxes. (1) Tenant shall pay to Landlord Tenant’s Proportionate Share of any increase in Operating Costs (as defined below) for each calendar year and partial calendar year falling within the Term over the Operating Costs for the Base Year (the “Operating Costs Excess”). Tenant shall not pay any charges for Operating Costs prior to the end of the Base
Operating Costs; Taxes. (i) Tenant shall pay to Landlord all Operating Costs (as such term is defined herein) which accrue during the Term ("Additional Rent", which term also includes Taxes, as defined in Subparagraph (c)), commencing with the seventh (7th) month after the Commencement Date. Payments of Additional Rent shall be due and payable within ten (10) business days after receipt of an invoice from Landlord.
(ii) The term "Operating Costs" means (a) capital improvements made in order to comply with any Law promulgated after the Commencement Date by any governmental authority or any interpretation hereafter rendered with respect to any existing Law, as amortized using a commercially reasonable interest rate over the useful economic life of such improvements as determined by Landlord in its reasonable discretion; and (b) costs of insurance maintained by Landlord under this Lease. Operating Costs shall not include costs for (i) capital improvements, other than capital improvements described in Section 4(b)(ii); (ii) repair and replacements reimbursed by proceeds of insurance or by Tenant; (iii) interest, amortization or other payments on loans to Landlord; (iv) depreciation; (v) leasing commissions; (vi) legal expenses for services, other than those which directly benefit Tenant (e.g., disputes involving Taxes); (vii) federal income taxes imposed on or measured by the income of Landlord from the operation of the Premises; (viii) Landlord's general corporate overhead and general and administrative expenses; (ix) costs incurred in connection with upgrading the Premises to comply with any Laws in effect prior to the Commencement Date, including, without limitation, Disability Laws; or (x) costs arising from the presence of Hazardous Materials in or about the Premises as of the Commencement Date.
