Common use of Operating Expense Adjustment Clause in Contracts

Operating Expense Adjustment. a. The Base Unit Rate for VAC has been developed as follows: i. Electrical Energy: An average unit cost of electricity per kilowatt hour, including energy charge, demand charge, fuel adjustments and taxes, from applicable Connecticut Light and Power Company rate schedules in effect as of July 1, 1995. ii. All Other Expenses: All costs and expenses for operation, administration, insurance, repairs, replacement, maintenance and property taxes accrued to said system, in effect as of July 1, 1995. b. The VAC Charge shall be adjusted from time to time in accordance with the following provisions: i. Eighty percent (80%) of the Actual Unit Rate shall be increased by a percentage equal to the percentage increase in the previously defined average cost of electrical power per kilowatt hour. ii. Twenty percent (20%) of the Actual Unit Rate shall be increased during each annual period by a percentage equal to the percentage increase from the base period of the “Consumer Price Index For All Urban Consumers (1982-1984), U.S. City Average, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics. iii. Landlord shall have the right to adjust retroactively and increase VAC charges for preceding periods. The adjusted Actual Unit Rate shall become the applicable rate until further adjusted by Landlord. Electronic Record and Signature Disclosure created on: 4/16/2019 1:54:51 PM Parties agreed to: Xxx Xxxxxxx, Xxxxxxx Xxxxxx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, The Taubman Company LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may a cess the documents for a limited period of time (usually 30 days) after su h documents are first sent to you. After such time f you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact The Taubman Company LLC: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronical y as follows: To contact us by email send messages to: jCritzon@taubman com To advise The Taubman Company LLC of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at XXxxxxxx@xxxxxxx.xxx and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Taubman Company LLC To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to xxxxxxxx@xxxxxxx.xxx and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with The Taubman Company LLC To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

Appears in 1 contract

Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)

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Operating Expense Adjustment. a. The Base Unit Rate for VAC has been developed Tenant shall pay as follows: i. Electrical Energy: An average unit cost additional rent Tenants Proportionate share of electricity per kilowatt hour, including energy charge, demand charge, fuel adjustments and taxes, from applicable Connecticut Light and Power Company rate schedules in effect as of July 1, 1995. ii. All Other Expenses: All costs and the amount by which operating expenses for operationthe Building Increase over those experienced by Landlord during the calendar year 2000 (base year). Effective January I of each year Landlord shall estimate the amount by which operating expenses are expected to Increase, administrationN any, insurance, repairs, replacement, maintenance and property taxes accrued to said system, in effect as of July 1, 1995. b. The VAC Charge shall be adjusted from time to time in accordance with over those incurred In the following provisions: i. Eighty percent (80%) of the Actual Unit Rate base year. Monthly rental for that year shall be increased by a percentage equal one-twelfth of Tenants share of the estimated increase. Following the end of each calendar year, Landlord shag compute the actual increase in operating expenses and bill Xxxant for any deficiency or credit Tenant with any excess collected. As used herein *operating expenses shall mean all costs of operating and maintaining the Building as determined by standard real estate accounting practice, Including , but not limited to: all water and sewer charges; the cost of natural gas and electricity provided to the percentage increase in building; Janitorial and cleaning supplies and services; administration costs and management fees at the previously defined average cost of electrical power per kilowatt hour. ii. Twenty percent (20%) of the Actual Unit Rate shall be increased same rate as during each annual period by a percentage equal to the percentage increase from the base period of the “Consumer Price Index For All Urban Consumers (1982-1984), U.S. City Average, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics. iii. Landlord shall have the right to adjust retroactively and increase VAC charges for preceding periods. The adjusted Actual Unit Rate shall become the applicable rate until further adjusted by Landlord. Electronic Record and Signature Disclosure created on: 4/16/2019 1:54:51 PM Parties agreed to: Xxx Xxxxxxx, Xxxxxxx Xxxxxx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, The Taubman Company LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may a cess the documents for a limited period of time (usually 30 days) after su h documents are first sent to you. After such time f you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact The Taubman Company LLC: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronical y as follows: To contact us by email send messages to: jCritzon@taubman com To advise The Taubman Company LLC of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at XXxxxxxx@xxxxxxx.xxx and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Taubman Company LLC To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to xxxxxxxx@xxxxxxx.xxx and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that timeyear; security services, if any, insurance premiums; licenses; permits for the operation and maintenance of the building and all of its component elements and mechanical systems; the annual amortized capital improvement cost (amortized over such a period as Landlord may select bid not shorter than the period allowed under the Internal Revenue code and at a current market interest rate) for any capital Improvements to the Building required by any government authority or those which have a reasonable probability of improving the operating efficiency of the Building. To withdraw your consent with The Taubman Company LLC To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:LANDLORD AGREES TO LIMIT ANNUAL INCREASES IN REAL ESTATE TAXES AND OPERATING EXPENSES TO 5%, ON A CUMULATIVE BASIS. IN NO EVENT WILL TENANTS PROPORTIONATE SHARE, PLUS THE PROPORTIONATE SHARE OF ALL OTHER TENANTS EVER EXCEED 100% IF THE BUILDING IS NOT 100% OCCUPIED DURING THE BASE YEAR, THE ACTUAL OPERATING EXPENSES FOR THE BASE YEAR WILL BE GROSSED UP TO REFLECT THE EXPENSES AT 1W% OCCUPANCY.

Appears in 1 contract

Samples: Commercial Lease (Interact Commerce Corp)

Operating Expense Adjustment. a. The Base Unit Rate for VAC has been developed as follows: i. Electrical Energy: An average unit cost of electricity per kilowatt hour, including energy charge, demand charge, fuel adjustments and taxes, from applicable Connecticut Light and Power Company rate schedules parties each acknowledging that the Rent specified in effect as of July 1, 1995. iiSection 6. All Other Expenses: All costs and expenses for operation, administration, insurance, repairs, replacement, maintenance and property taxes accrued to said system, in effect as of July 1, 1995. b. The VAC Charge shall be adjusted from time to time in accordance with the following provisions: i. Eighty percent (80%) of the Actual Unit Rate shall be increased by a percentage equal to the percentage Lease does not provide for Operating Expenses, Real Estate Taxes, and Utility Costs (hereinafter called "Expenses") or any increase in the previously defined average cost Expenses which may hereafter affect the Office Space or the Building; accordingly, during the term of electrical power this Lease, and any renewals thereof, Tenant shall pay to Landlord, in the form of Additional Rent (plus any applicable sales tax), the base amount for the Expenses of $3.50 per kilowatt hour. iisquare foot of the adjusted rentable area of the Office Space per annum ("Expense Base") and its proportionate share of increased Expenses over the Expense Base amount (as hereinafter defined), such proportionate share to be a fraction, the numerator of which is the total number of the Adjusted Rentable Square Feet contained in the Office Space and the denominator of which is the total number of Adjusted Total Rentable square footage in the Building. Twenty percent During the ensuing Lease Year, Tenant shall pay to Landlord, as and when Rent is due and payable hereunder, an amount equal to one-twelfth (20%1/12th) of Tenant's Expense Base and its proportionate share of the Actual Unit Rate shall be increased during each annual period by a percentage equal excess Expenses. If Landlord's fiscal year ends less than thirty (30) days prior to the percentage increase from the base period end of the “Consumer Price Index For All Urban Consumers (1982-1984)Lease Year, U.S. City Average, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics. iii. Landlord shall have thirty (30) days after the right end of its fiscal year to adjust retroactively prepare and increase VAC charges for preceding periodssubmit the required statement, and, upon submission of such statement, Tenant shall pay 1/12th of its Expense Base and its proportionate share of the excess Expenses and a like amount of the first day of each calendar month thereafter commencing on the second month of each Lease Year. The adjusted Actual Unit Rate term "Real Estate Taxes" shall become mean the applicable rate until further adjusted annual taxes and any special assessments or other charges levied against the real property of which the Office Space is a part by Landlord. Electronic Record and Signature Disclosure created on: 4/16/2019 1:54:51 PM Parties agreed to: Xxx Xxxxxxxany authority having the direct power so to tax, Xxxxxxx Xxxxxx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to timeincluding any city, The Taubman Company LLC (wecounty, us state, or Company) may be required by law to provide to you certain written notices federal government, or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughlyany school, agricultural, transportation or environmental control agency, lighting, drainage, or other improvement district thereof, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting shall include the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within expense of contesting the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided amount or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may a cess the documents for a limited period of time (usually 30 days) after su h documents are first sent to you. After such time f you wish for us to send you paper copies validity of any such documents from our office to youtaxes, you will be charged a $0.00 per-page fee. You may request delivery charges or assessments, the term "Operating Expenses" shall include the annual expenses of such paper copies from us by following Landlord for the procedure described below. Withdrawing your consent If you decide to receive notices operation and disclosures from us electronically, you may at any time change your mind maintenance of the Office Space and tell us that thereafter you want to receive required notices Building which are reasonable or customary for the operation of this type of Office Space and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper formatBuilding, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Furthershall include, you will no longer but not be able to use the DocuSign system to receive required notices limited to, management salaries; maintenance and consents electronically from us or to sign electronically documents from us. All notices janitorial expenses; administrative salaries, costs and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, fees; insurance; security; landscaping; and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact The Taubman Company LLC: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronical y as follows: To contact us by email send messages to: jCritzon@taubman com To advise The Taubman Company LLC of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at XXxxxxxx@xxxxxxx.xxx and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Taubman Company LLC To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to xxxxxxxx@xxxxxxx.xxx and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with The Taubman Company LLC To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:site lighting.

Appears in 1 contract

Samples: Sublease Agreement (Extended Stay America Inc)

Operating Expense Adjustment. a. The Base Unit Rate for VAC has been developed Tenant shall pay as follows: i. Electrical Energy: An average unit cost additional rent Tenant’s Proportionate Share of electricity per kilowatt hour, including energy charge, demand charge, fuel adjustments and taxes, from applicable Connecticut Light and Power Company rate schedules in effect as of July 1, 1995. ii. All Other Expenses: All costs and the amount by which operating expenses for operationthe Building increase over those experienced by Landlord during the calendar year 2006 (base year). Effective January 1 of 2007 each year Landlord shall estimate the amount by which operating expenses are expected to increase, administrationif any, insurance, repairs, replacement, maintenance and property taxes accrued to said system, over those incurred in effect as of July 1, 1995. b. The VAC Charge shall be adjusted from time to time in accordance with the following provisions: i. Eighty percent (80%) of the Actual Unit Rate base year. Monthly rental for that year shall be increased by a percentage equal one-twelfth of Tenant’s share of the estimated increase. Following the end of each calendar year, Landlord shall compute the actual increase in operating expenses and bxxx Tenant for any deficiency or credit Tenant with any excess collected. As used herein “operating expenses” shall mean all costs of operating and maintaining the Building as determined by standard real estate accounting practice, including, but not limited to: all water and sewer charges; the cost of natural gas and electricity provided to the percentage increase in the previously defined average cost of electrical power per kilowatt hour. ii. Twenty percent (20%) of the Actual Unit Rate shall be increased during each annual period by a percentage equal to the percentage increase from the base period of the “Consumer Price Index For All Urban Consumers (1982-1984), U.S. City Average, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics. iii. Landlord shall have the right to adjust retroactively Building; janitorial and increase VAC charges for preceding periods. The adjusted Actual Unit Rate shall become the applicable rate until further adjusted by Landlord. Electronic Record cleaning supplies and Signature Disclosure created on: 4/16/2019 1:54:51 PM Parties agreed to: Xxx Xxxxxxx, Xxxxxxx Xxxxxx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, The Taubman Company LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms services; administration costs and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may a cess the documents for a limited period of time (usually 30 days) after su h documents are first sent to you. After such time f you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact The Taubman Company LLC: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronical y as follows: To contact us by email send messages to: jCritzon@taubman com To advise The Taubman Company LLC of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at XXxxxxxx@xxxxxxx.xxx and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Taubman Company LLC To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to xxxxxxxx@xxxxxxx.xxx and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that timemanagement fees; superintendent fees; security services, if any; insurance premiums; licenses, permits for the operation and maintenance of the Building and all of its component elements and mechanical systems; the annual amortized capital improvement cost (amortized over such a period as Landlord may select but not shorter than the period allowed under the Internal Revenue Code and at a current market interest rate) for any capital improvements to the Building required by any governmental authority. To withdraw your consent Operating expenses shall not include: the cost of capital improvements (except as set forth above); depreciation; principal payments of mortgage and other non-operating debts of Landlord; the cost of repairs or other work to the extent Landlord is reimbursed by insurance or condemnation proceeds; costs in connection with The Taubman Company LLC To inform us leasing space in the Building, including brokerage commissions; lease concessions, rental abatements and construction allowances granted to specific tenants; costs incurred in connection with the sale, financing or refinancing of the Building; fines, interest and penalties incurred due to the late payment of taxes or expenses; organizational expenses associated with the creation and operation of the entity which constitutes Landlord; or any penalties or damages that you no longer wish Landlord pays to receive future notices and disclosures Tenant under this Lease or to other tenants in electronic format you may:the Building under their respective leases.

Appears in 1 contract

Samples: Office Lease (Pixelworks, Inc)

Operating Expense Adjustment. a. The Base Unit Rate for VAC has been developed Tenant shall pay to Landlord as follows: i. Electrical Energy: An average unit cost of electricity per kilowatt hour, including energy charge, demand charge, fuel adjustments and taxes, from applicable Connecticut Light and Power Company rate schedules in effect as of July 1, 1995. ii. All Other Expenses: All costs and expenses for operation, administration, insurance, repairs, replacement, maintenance and property taxes accrued to said systemAdditional Rent, in effect as addition to the Base Rent required by Article 3 hereof, an amount (“Expense Adjustment Amount”) equal to Tenant’s Proportionate Share of July 1, 1995. b. the combined total of Operating Expenses (determined on an accrual basis) paid or incurred during each Calendar Year. The VAC Charge Expense Adjustment Amount with respect to each Calendar Year shall be adjusted paid in monthly installments in an amount from time to time estimated by Landlord and communicated by written notice to Tenant. Landlord shall cause to be kept books and records showing Operating Expenses in accordance with generally accepted accounting principles, consistently applied. As promptly as practical following the following provisions: i. Eighty percent (80%) close of each Calendar Year, Landlord shall cause the amount of the Actual Unit Rate shall Expense Adjustment Amount for such Calendar Year to be increased by a percentage equal to computed based upon the percentage increase in the previously defined average cost of electrical power per kilowatt hour. ii. Twenty percent (20%) of the Actual Unit Rate shall be increased during each annual period by a percentage equal to the percentage increase from the base period of the “Consumer Price Index For All Urban Consumers (1982-1984), U.S. City Average, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics. iii. actual Operating Expenses paid or incurred for such Calendar Year and Landlord shall have the right deliver to adjust retroactively and increase VAC charges for preceding periods. The adjusted Actual Unit Rate shall become the applicable rate until further adjusted by Landlord. Electronic Record and Signature Disclosure created on: 4/16/2019 1:54:51 PM Parties agreed to: Xxx Xxxxxxx, Xxxxxxx Xxxxxx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, The Taubman Company LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us Tenant a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may a cess the documents for a limited period of time (usually 30 days) after su h documents are first sent to you. After such time f you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery statement of such paper copies from us amount and the amount of all estimated installments paid by following the procedure described belowTenant for such Calendar Year. Withdrawing your consent If you decide Tenant shall pay to receive notices and disclosures from us electronically, you may at Landlord any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your deficiency as shown by such statement within thirty (30) days after receipt of such paper notices statement. This statement as to the amount of Operating Expenses for such Calendar Year for the Building shall constitute a determination which is final and conclusive on Tenant subject to Section 4E below. If the total of the estimated monthly installments paid by Tenant during any Calendar Year exceeds the actual amount due from Tenant for such Calendar Year, at Landlord’s option, such excess shall be either credited against payments next due hereunder or disclosuresrefunded by Landlord within thirty (30) days, provided Tenant is not then in default hereunder. FurtherIn determining the amount of Operating Expenses for the purposes of this paragraph, you will no longer if less than 95 percent of the rentable area of the Building shall have been occupied by tenants and fully used by them during the year, Operating Expenses shall be able to use deemed for the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required purposes of this paragraph to be provided or increased to the amount of operating expenses that would normally be expected to be incurred had occupancy been 95 percent and had full use been made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact The Taubman Company LLC: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronical y as follows: To contact us by email send messages to: jCritzon@taubman com To advise The Taubman Company LLC of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at XXxxxxxx@xxxxxxx.xxx and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Taubman Company LLC To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to xxxxxxxx@xxxxxxx.xxx and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with The Taubman Company LLC To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:entire period.

Appears in 1 contract

Samples: Office Lease (Geovera Insurance Holdings, Ltd.)

Operating Expense Adjustment. a. (a) The Base Unit Rate monthly minimum rent for VAC has been developed as follows: i. Electrical Energy: An average unit cost the Leased Premises set forth in Section 3.01 includes an estimated level of electricity per kilowatt houroperating expenses for calendar year 2001 for the office buildings within the Project, including energy charge, demand charge, fuel adjustments the associated common area and taxes, from applicable Connecticut Light the underlying land and Power Company rate schedules in effect as of July improvements. Commencing on January 1, 1995. ii. All Other Expenses: All costs 2002 and expenses for operationcontinuing thereafter during the Lease Term, administrationTenant agrees to pay, insuranceas additional rent, repairs, replacement, maintenance and property taxes accrued to said system, its proportionate share (in effect as of July 1, 1995. b. The VAC Charge shall be adjusted from time to time in accordance with the following provisions: i. Eighty percent (80subject case 22.2%) of the Actual Unit Rate amount by which the Operating Expenses (as hereinafter defined) for the calendar year or portion thereof exceeds $3.30 per rentable square foot (the "Base Operating Expenses"). Further, Tenant shall pay such adjustment in Operating Expenses covering any period of time during which the Lease is in effect, even if the Lease has expired at the time of payment. Tenant's proportionate share shall be increased by a percentage equal that proportion which the area of the Leased Premises bears to the percentage sum of all space in all buildings in the Project. (b) Landlord shall also have the right to make a good faith estimate of the excess for each upcoming calendar year and upon thirty (30) days notice to Tenant to require the monthly payment by Tenant of one-twelfth (1/12th) of such estimated excess. Further, if at anytime during the calendar year Landlord becomes aware that Operating Expenses will increase, Landlord shall estimate and Tenant shall pay the amount of such estimated increase in equal monthly installments over the previously defined average cost number of electrical power per kilowatt hourmonths left in the calendar year. ii. Twenty percent (20%c) By April 1 of each calendar year, following the year during which the Lease Term begins, or as soon thereafter as practical, Landlord shall furnish to Tenant a statement certified by Landlord or its duly authorized representative of Landlord's actual Operating Expenses for the previous calendar year, and Landlord shall notify Tenant of the Actual Unit Rate shall be increased during each annual period by a percentage equal to the percentage increase from the base period amount of the “Consumer Price Index For All Urban Consumers (1982-1984)excess owing by Tenant to Landlord, U.S. City Averageshowing the calculations thereof which result from such statement. Tenant agrees to promptly pay Landlord with the next monthly rent payment due under the Lease, All Items”as additional rent, published all excess which has not been previously paid as estimated excess. If for any calendar year additional rent collected for the prior year, as a result of Landlord's estimate of excess, is greater than the additional rent actually due during such prior year, then Landlord shall refund to Tenant any such overpayment or, at Landlord's option, apply such amount against the next rentals due under the Lease. No failure of the Landlord to provide the statement of actual Operating Expenses by April 1 will constitute a waiver of the United States Department of Labor, Bureau of Labor StatisticsLandlord's right to collect the difference between actual Operating Expenses and Base Operating Expenses for any calendar year. iii. (d) Landlord shall have the right same remedies for default in the payment of any obligations incurred under this section as are available to adjust retroactively Landlord in the case of default in the payment of the base rent. (e) For purposes of this Lease, "Operating Expenses" shall mean the amount of Landlord's direct costs and increase VAC charges expenses, accounted for preceding periods. The adjusted Actual Unit Rate shall become on a cash basis, paid or incurred in connection with the applicable rate until further adjusted operation and maintenance of the Project including by Landlord. Electronic Record way of illustration and Signature Disclosure created on: 4/16/2019 1:54:51 PM Parties agreed not limited to: Xxx Xxxxxxxinsurance premiums, Xxxxxxx Xxxxxx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time water, sewer, water retention maintenance fees, electrical and other utility charges other than the separately billed electrical, gas and other charges paid by Tenant and provided for in the Lease; service and other charges paid in connection with the operation and maintenance of the heating, ventilation and air-conditioning systems; cleaning and replacement of windows not covered by insurance; tools and supplies; striping and repair costs to timepavement and common areas and utility systems, The Taubman Company LLC landscape maintenance, security service, snow removal, licenses, permits, and inspection fees, management fees, maintenance agreements and related wages and benefits for employees for the maintenance and operation of the Project, trash removal, sweeping, repairs to signs and markers and other costs necessary in Landlord's reasonable judgment for the maintenance and operation of the Buildings, land and common area improvements; however, maintenance shall exclude capital expenditures (we, us unless previously for the purpose of reducing operating costs or Company) which may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughlygovernmental authority, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may a cess the documents for a limited period of time (usually 30 days) after su h documents are first sent to you. After such time f you wish for us to send you paper copies of any such documents from our office to you, you in which case they will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following change over the procedure described below. Withdrawing your consent If you decide to receive notices useful life) and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact The Taubman Company LLC: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronical y as follows: To contact us by email send messages to: jCritzon@taubman com To advise The Taubman Company LLC of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at XXxxxxxx@xxxxxxx.xxx and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Taubman Company LLC To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to xxxxxxxx@xxxxxxx.xxx and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with The Taubman Company LLC To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:depreciation.

Appears in 1 contract

Samples: Lease Agreement (Sb Merger Corp)

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Operating Expense Adjustment. a. The Base Unit Rate for VAC has been developed as follows: i. Electrical Energy: An average unit cost In the event that Tenant's proportionate share of electricity per kilowatt hour, including energy charge, demand charge, fuel adjustments and taxes, from applicable Connecticut Light and Power Company rate schedules in effect as of July 1, 1995. ii. All Other Expenses: All costs and projected operating expenses for operationcommon area services as described in Paragraphs 4, administration6, insuranceand 10 exceeds the amount specified in Paragraph 4 (a), repairs(such excess to be called "Excess Operating Expenses"), replacementTenant agrees to pay Landlord monthly, maintenance and property taxes accrued to said systemas an additional rental, in effect as of July 1, 1995. b. The VAC Charge shall be adjusted from time to time in accordance with the following provisions: i. Eighty percent one twelfth (80%1/12) of the Actual Unit Rate projection of "Excess Operating Expenses". The most recent projection for "Excess Operating Expenses" for the building and/or project is $1.27 per square foot per year. Tenant's proportionate share of this projection of "Excess Operating Expenses" amounts to a monthly charge of $15,629.47, for which the Tenant will be separately billed. On or about April 15 of each calendar year during Tenant's occupancy and the calendar year following termination of this lease, or as soon thereafter as is practical, Landlord shall be increased furnish to Tenant a statement in reasonable detail of the actual Operating Expenses for the previous year. If for any calendar year Tenant's payments on account for Excess Operating Expenses exceeds Tenant's proportionate share of the actual Excess Operating Expenses, Landlord shall either credit the overpayment against the next installment of rent due from Tenant or promptly refund to Tenant the overpayment. Conversely, if the payments made by a percentage Tenant on account of the prior year's Excess Operating Expenses are less than Tenant's proportionate share of the actual Excess Operating Expenses, Tenant shall pay to Landlord, within thirty (30) days after receipt of such statement, as additional rent, the underpayment with respect to Tenant's Proportionate Share of the Excess Operating Expenses for the prior year. Landlord, upon notice to Tenant, may elect to lower or raise the projected cost paid monthly by Tenant so that Tenant's payments are equal to the percentage increase in the previously defined average cost adjusted projection of electrical power per kilowatt hour"Excess Operating Expenses". ii. Twenty percent (20%) of the Actual Unit Rate shall be increased during each annual period by a percentage equal to the percentage increase from the base period of the “Consumer Price Index For All Urban Consumers (1982-1984), U.S. City Average, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics. iii. Landlord shall have the right to adjust retroactively and increase VAC charges for preceding periods. The adjusted Actual Unit Rate shall become the applicable rate until further adjusted by Landlord. Electronic Record and Signature Disclosure created on: 4/16/2019 1:54:51 PM Parties agreed to: Xxx Xxxxxxx, Xxxxxxx Xxxxxx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, The Taubman Company LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may a cess the documents for a limited period of time (usually 30 days) after su h documents are first sent to you. After such time f you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact The Taubman Company LLC: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronical y as follows: To contact us by email send messages to: jCritzon@taubman com To advise The Taubman Company LLC of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at XXxxxxxx@xxxxxxx.xxx and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Taubman Company LLC To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to xxxxxxxx@xxxxxxx.xxx and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with The Taubman Company LLC To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

Appears in 1 contract

Samples: Lease Agreement (Compucom Systems Inc)

Operating Expense Adjustment. a. The Base Unit Rate for VAC has been developed Tenant shall pay as follows: i. Electrical Energy: An average unit cost additional rent Tenant's Proportionate Share of electricity per kilowatt hour, including energy charge, demand charge, fuel adjustments and taxes, from applicable Connecticut Light and Power Company rate schedules in effect as of July 1, 1995. ii. All Other Expenses: All costs and the amount by which operating expenses for operationthe Building increase over those experienced by Landlord during the calendar year 2009 (base year), administrationEffective January 1 of each year Landlord shall estimate the amount by which operating expenses are expected to increase, insuranceif any, repairs, replacement, maintenance and property taxes accrued to said system, over those incurred in effect as of July 1, 1995. b. The VAC Charge shall be adjusted from time to time in accordance with the following provisions: i. Eighty percent (80%) of the Actual Unit Rate base year. Monthly rental for that year shall be increased by one-twelfth of Tenant's share of the estimated increase provided that Landlord may revise its estimate during any year with reasonable cause and the additional estimate shall be payable as equal additions to rent for the remainder of the calendar year. Following the end of each calendar year, Landlord shall compute the actual increase in operating expenses and xxxx Tenant for any deficiency or credit Tenant with any excess collected. Tenant shall pay any such deficiency within 30 days after Landlord's billing, whether or not this lease shall have expired or terminated at the time of such billing. As used herein "operating expenses" shall mean all costs of operating and maintaining and repairing the Building as determined by standard real estate accounting practice, including, but not limited to: all water and sewer charges; the cost of natural gas and electricity provided to the Building; janitorial and cleaning supplies and services; administration costs and management fees; superintendent fees; security services, if any; insurance premiums; licenses, permits for the operation and maintenance of the Building and all of its component elements and mechanical systems; ordinary and emergency repairs and maintenance, and a percentage reserve equal to the percentage increase in the previously defined average cost of electrical power per kilowatt hour. ii. Twenty one-half percent (20.05%) of gross rental income for the Actual Unit Rate shall Property to be increased during each annual period by a percentage equal to the percentage increase from the base period of the “Consumer Price Index For All Urban Consumers (1982-1984)expended on roof replacement, U.S. City Averageexterior painting, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics. iii. Landlord shall have the right to adjust retroactively and increase VAC charges for preceding periods. The adjusted Actual Unit Rate shall become the applicable rate until further adjusted by Landlord. Electronic Record and Signature Disclosure created on: 4/16/2019 1:54:51 PM Parties agreed to: Xxx Xxxxxxx, Xxxxxxx Xxxxxx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, The Taubman Company LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may a cess the documents for a limited period of time (usually 30 days) after su h documents are first sent to you. After such time f you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgementsasphalt resurfacing, and other documents that are required to be provided or made available to you during miscellaneous matters not specified in the course of our relationship with you. To reduce preceding and the chance of you inadvertently annual amortized capital improvement cost (amortized over such a period as Landlord may select but not receiving any notice or disclosure, we prefer to provide all shorter than the life of the required notices improvement and disclosures to you by the same method and at current market interest rate) for any capital improvements to the same address that you Building required by any governmental authority or those which have given usa reasonable probability of improving the operating efficiency of the Building. Thus, you can receive "Operating Expenses" shall also include all the disclosures and notices electronically assessments under recorded covenants or in paper format through the paper mail delivery systemmaster plans and/or by owner's associations. If you do not agree with electricity or other energy costs increase between the date of this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery Lease and last day of the notices and disclosures electronically Base Year, (i) Tenant shall pay to Landlord on a monthly basis as additional rent, its Proportionate Share of such cost increase for the period from us. How to contact The Taubman Company LLC: You may contact us to let us know the date of your changes as to how we may contact you electronically, to request paper copies of certain information from ussuch increase until the first estimated payment due under this paragraph, and to withdraw your prior consent to receive notices and disclosures electronical y as follows: To contact us (ii) Landlord may adjust the calculation of Base Year operating expenses by email send messages to: jCritzon@taubman com To advise The Taubman Company LLC using the energy costs in effect on the date of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at XXxxxxxx@xxxxxxx.xxx and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Taubman Company LLC To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to xxxxxxxx@xxxxxxx.xxx and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with The Taubman Company LLC To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:this Lease.

Appears in 1 contract

Samples: Office Lease (Imageware Systems Inc)

Operating Expense Adjustment. a. If the Operating Expenses (defined below) for the Building for any calendar year, expressed on a per square foot basis, exceed the Base Operating Expense Factor specified in Subsection 2.01(e) Lessee shall pay to Lessor increased Rent (an "Operating Expense Adjustment") in an amount equal to the product of such excess times the square feet of the Leased Premises as stated in Subsection 2.01 (b)). The Base Unit Rate for VAC has been developed as follows: i. Electrical Energy: An average unit cost of electricity per kilowatt hour, including energy charge, demand charge, fuel adjustments and taxes, from applicable Connecticut Light and Power Company rate schedules in effect as of July 1, 1995. ii. All Other Expenses: All costs and expenses for operation, administration, insurance, repairs, replacement, maintenance and property taxes accrued to said system, in effect as of July 1, 1995. b. The VAC Charge Operating Expense Adjustment shall be adjusted from payable in monthly installments on the first day of each calendar month based on Lessor's estimate of the Operating Expenses for the then current year. Lessor may at any time give Lessee written notice specifying Lessor's estimate of the Operating Expenses for the then current calendar year or the subsequent calendar year and specifying the Operating Expense Adjustment to time in accordance with be paid by Lessee for each such year. Within one hundred twenty (120) days after the end of each calendar year, Lessor shall give written notice to Lessee specifying the actual Operating Expenses for the prior calendar year and any necessary adjustment to the Operating Expense Adjustment paid by Lessee for that calendar year. Lessee shall pay any deficit amount to Lessor within fifteen (15) days after receipt of Lessor's written notice. Any excess payment by Lessee for the prior calendar year shall reduce the Operating Expense Adjustment for the following provisions: i. Eighty calendar year. (For purposes herein, for any calendar year, any such deficit amount Lessee is to pay Lessor, or any excess payment Lessee may reduce its Operating Expense Adjustment for the following calendar year by shall be deemed the "tru-up".) In the event the tru- up for any calendar year is five percent (805%) of the Actual Unit Rate Operating Expenses or less. Lessee shall be increased by a percentage equal to tru-up its Operating Expenses as set forth above; provided, however, if the percentage increase in the previously defined average cost of electrical power per kilowatt hour. ii. Twenty tru-up for any calendar year is greater than five percent (205%) of the Actual Unit Rate Operating Expenses, then Lessee may amortize such amount into its Operating Expense payments for the following calendar year. The provisions of this paragraph shall be increased during each annual period by a percentage equal to survive the percentage increase from the base period cancellation or termination of the “Consumer Price Index For All Urban Consumers (1982-1984), U.S. City Average, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics. iii. Landlord this Lease Lessee shall have the right right, one (1) time per year. with written notice to adjust retroactively and increase VAC charges for preceding periods. The adjusted Actual Unit Rate shall become the applicable rate until further adjusted by Landlord. Electronic Record and Signature Disclosure created on: 4/16/2019 1:54:51 PM Parties agreed to: Xxx Xxxxxxx, Xxxxxxx Xxxxxx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, The Taubman Company LLC (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may a cess the documents for a limited period of time (usually 30 days) after su h documents are first sent to you. After such time f you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact The Taubman Company LLC: You may contact us to let us know of your changes as to how we may contact you electronicallyLessor, to request paper copies of certain information from us, and Lessor to withdraw your prior consent to receive notices and disclosures electronical y as follows: To contact us by email send messages to: jCritzon@taubman com To advise The Taubman Company LLC of your new email address To let us know of provide Lessee with a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at XXxxxxxx@xxxxxxx.xxx and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from The Taubman Company LLC To request delivery from us of paper copies detailed itemization of the notices and disclosures previously provided by us to you electronically, you must send us an email to xxxxxxxx@xxxxxxx.xxx and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you Operating Expenses for any fees at that time, if any. To withdraw your consent with The Taubman Company LLC To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:calendar year.

Appears in 1 contract

Samples: Lease Agreement (Virata Corp)

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