Common use of Operating Costs; Taxes Clause in Contracts

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.

Appears in 2 contracts

Samples: Lease Agreement (Airvana Inc), Lease Agreement (Airvana Inc)

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Operating Costs; Taxes. (1) Tenant shall pay to Landlord Tenant's Proportionate Share of the annual 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 Tenant's Proportionate Share of Operating Costs the Additional Rent 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, and Tenant shall pay to Landlord, in advance concurrently with on the Commencement Date and on the first day of each monthly installment of Basic Rentcalendar month thereafter, an amount equal to the estimated Tenant's Proportionate Share of Operating Costs Additional Rent for such calendar year or part thereof divided by the number of months thereinin such year or partial years. From time to time, Landlord may reasonably estimate and re-estimate the amount of Tenant's Proportionate Share of Operating Costs Additional Rent 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 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 Tenant's Proportionate Share of Operating Costs the Additional Rent as reasonably estimated by LandlordLandlord 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.

Appears in 2 contracts

Samples: Lease Agreement (Evergreen Solar Inc), Lease Agreement (Evergreen Solar Inc)

Operating Costs; Taxes. (1) Tenant shall pay to Landlord Tenant's Proportionate Share of the amount (per each rentable square foot in the Premises) ("Additional Rent") by which the annual Operating Costs (defined below) per rentable square foot in the Building exceed the Expense Stop (per rentable square foot in the Building). Landlord may make a good faith estimate of Tenant's Proportionate Share of Operating Costs the Additional Rent 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 TermTerm (after the base year, if the Expense Stop is calculated on a base year basis), 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 Additional Rent 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 Additional Rent 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 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 Tenant's Proportionate Share of Operating Costs the Additional Rent as reasonably 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.

Appears in 2 contracts

Samples: Security Agreement (Biomira Inc), Iv Lease (Biomira CORP)

Operating Costs; Taxes. (Commencing January 1) , 2007, Tenant shall pay to Landlord Tenant's Proportionate Share of the amount (per each rentable square foot in the Premises) (“Additional Rent”) by which the annual Operating Costs (defined below) per rentable square foot in the Building exceed the Expense Stop (per rentable square foot in the Building). Landlord may make a good faith estimate of Tenant's Proportionate Share of Operating Costs the Additional Rent 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 TermTerm (after the base year, if the Expense Stop is calculated on a base year basis), 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 Additional Rent 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 Additional Rent to be due by Tenant and deliver a copy of the estimate or re-estimate to Tenant, but Landlord may re-estimate Additional Rent no more than once in any calendar year. Thereafter, the monthly installments of Tenant's Proportionate Share of Operating Costs 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 Tenant's Proportionate Share of Operating Costs the Additional Rent 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.

Appears in 1 contract

Samples: Lease Agreement (Earthlink Inc)

Operating Costs; Taxes. (1) Tenant shall pay to Landlord Tenant's ’s Proportionate Share of the annual Operating Costs (defined below). Prior to each calendar year of the Term, Landlord may shall make a good faith estimate of Tenant's ’s Proportionate Share of Operating Costs to be due by Tenant for any the following 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 ’s Proportionate Share of Operating Costs for such calendar year or part thereof divided by the number of months therein. From time to time, but not more than once per calendar year, Landlord may estimate and re-estimate the amount of Tenant's ’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 ’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 ’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.

Appears in 1 contract

Samples: Lease Agreement (Shattuck Labs, Inc.)

Operating Costs; Taxes. (1) In addition to Basic Rent, during the Lease Term, Tenant shall also pay to Landlord Landlord, as additional rent (“Additional Rent”), Tenant's ’s Proportionate Share of the annual all Operating Costs (defined below)for each calendar year or partial calendar year falling within the Term. This Lease is intended to be “triple net,” Landlord may make a good faith estimate of Tenant's Proportionate Share of Operating Costs the Additional Rent to be due paid by Tenant for any calendar year or part thereof during the Term. During each calendar year or partial calendar year of the Term, and Tenant shall pay to Landlord, in advance concurrently with on the Term Commencement Date and on the first day of each monthly installment of Basic Rentcalendar month thereafter, an amount equal to the estimated Tenant's Proportionate Share of Operating Costs Additional Rent for such calendar year or part thereof divided by the number of months therein. From time to timetime‑to‑time, but not more than once in any calendar year, Landlord may estimate and re-estimate re‑estimate the amount of Tenant's Proportionate Share of Operating Costs Additional Rent to be due by Tenant and deliver a copy of the estimate or re-estimate re‑estimate to Tenant. Thereafter, the monthly installments of Tenant's Proportionate Share of Operating Costs 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 Tenant's Proportionate Share of Operating Costs the Additional Rent 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.

Appears in 1 contract

Samples: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)

Operating Costs; Taxes. (1) Tenant shall pay pay, as additional rent (“Additional Rent”), an amount equal to Landlord Tenant's ’s Proportionate Share of the annual Operating Costs (defined below)) for each calendar year or partial calendar year falling within the term. Landlord may make a good faith estimate of Tenant's Proportionate Share of Operating Costs the Additional Rent to be due paid by Tenant for any calendar year or part thereof during the Term. During each calendar year or partial calendar year of the Term, and Tenant shall pay to Landlord, in advance concurrently with on the Commencement Date and on the first day of each monthly installment of Basic Rentcalendar month thereafter, an amount equal to the estimated Tenant's Proportionate Share of Operating Costs Additional Rent for such calendar year or part thereof divided by the number of months therein. From time to timeOnce a year, Landlord may reasonably estimate and re-estimate the amount of Tenant's Proportionate Share of Operating Costs Additional Rent 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 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 Tenant's Proportionate Share of Operating Costs the Additional Rent 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.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

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Operating Costs; Taxes. (1) Tenant shall pay to Landlord Tenant's Proportionate Share all of the annual Operating Costs (defined below) ("ADDITIONAL RENT") 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 Tenant's Proportionate Share of Operating Costs the Additional Rent 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, and Tenant shall pay to Landlord, in advance concurrently with on the Commencement Date and on the first day of each monthly installment of Basic Rentcalendar month thereafter, an amount equal to the estimated Tenant's Proportionate Share of Operating Costs Additional Rent for such calendar year or part thereof divided by the number of months thereinin such year or partial year. From time to time, Landlord may reasonably estimate and re-estimate the amount of Tenant's Proportionate Share of Operating Costs Additional Rent to be due by Tenant and deliver a copy of the estimate or re-estimate to Tenant; provided, however, the estimate or the difference between the re-estimate and the prior estimate in the case of a re-estimate, as applicable, attributable to the period covered by such estimate or re-estimate before the date when Tenant receives such estimate or re-estimate shall be payable within thirty (30) days after Landlord delivers the estimate or re-estimate, as applicable. Thereafter, the monthly installments of Tenant's Proportionate Share of Operating Costs 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 Tenant's Proportionate Share of Operating Costs the Additional Rent for each such calendar year as reasonably 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.

Appears in 1 contract

Samples: Lease Agreement (Sycamore Networks Inc)

Operating Costs; Taxes. (1) Tenant shall pay an amount (per each rentable square foot in the Premises) ("ADDITIONAL RENT") equal to Landlord Tenant's Proportionate Share of the annual difference between the Operating Costs (defined below) per rentable square foot in the Building and the Expense Stop (calculated on a per rentable square foot basis). Landlord may make a good faith estimate of Tenant's Proportionate Share of Operating Costs the Additional Rent 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, and Tenant shall pay to Landlord, in advance concurrently with on January 1, 2000 and on the first day of each monthly installment of Basic Rentcalendar month thereafter, an amount equal to the estimated Tenant's Proportionate Share of Operating Costs Additional Rent 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 Additional Rent 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 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 Tenant's Proportionate Share of Operating Costs the Additional Rent 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.

Appears in 1 contract

Samples: Lease Agreement (Art Technology Group Inc)

Operating Costs; Taxes. (1) Tenant shall pay pay, as additional rent (“Additional Rent”), an amount equal to Landlord Tenant's ’s Proportionate Share of the annual Operating Costs (defined below)) for each calendar year or partial calendar year falling within the term. Landlord may make a good faith estimate of Tenant's Proportionate Share of Operating Costs the Additional Rent to be due paid by Tenant for any calendar year or part thereof during the Term. During each calendar year or partial calendar year of the Term, and Tenant shall pay to Landlord, in advance concurrently with on the Commencement Date and on the first day of each monthly installment of Basic Rentcalendar month thereafter, an amount equal to the estimated Tenant's Proportionate Share of Operating Costs Additional Rent 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 Additional Rent 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 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 Tenant's Proportionate Share of Operating Costs the Additional Rent 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. The Landlord agrees to cap the Operating Costs at $1.45 per square foot for the base year of 2002, with a 5% per annum increase to the cap limit.

Appears in 1 contract

Samples: Lease Agreement (Harvard Bioscience Inc)

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