Common use of Operating Expense Increases Clause in Contracts

Operating Expense Increases. Tenant shall pay to Landlord during the term hereof, in addition to the Base Rent, Tenant’s Share of the amount by which all Operating Expenses for each Comparison Year exceed the amount of all Operating Expenses for the Operating Expense Base Year. If less than 95% of the rentable square feet in the Building is occupied by tenants or Landlord is not supplying services to tenants occupying 95% of the rentable square feet of the Building at any time during any calendar year (including the Operating Expense Base Year), Operating Expenses for such calendar year shall be reasonably extrapolated by Landlord, on an item-by-item basis, to the amount of Operating Expenses that would normally be expected to be incurred had 95% of the Building’s rentable square feet been occupied and had Landlord been supplying services to tenants occupying 95% of the Building’s rentable square feet throughout such calendar year (hereinafter the “Grossed Up Operating Expenses”), and such amount shall be the Operating Expenses for such calendar year. Except as provided in paragraph (h) below, Landlord’s good faith estimate of Grossed Up Operating Expenses shall not be subject to challenge or recalculation by Tenant. Tenant’s Share of Operating Expense increases shall be determined in accordance with the following provisions:

Operating Expense Increases. Tenant shall pay to Landlord during the term hereof, in addition to the Base Rent, Tenant’s Share of the amount by which all Operating Expenses for each Comparison Year exceed the amount of all Operating Expenses for the Operating Expense Cost Base Year. If less than 95% of the rentable square feet in the Building is occupied by tenants or Landlord is not supplying services to tenants occupying 95% of the rentable square feet of the Building at any time during any calendar year (including the Operating Expense Cost Base Year), Operating Expenses for such calendar year shall be reasonably extrapolated by Landlord, on an item-by-item basisbasis to the extent each such category of Operating Expenses varies with occupancy, to the amount of Operating Expenses that would normally be expected to be incurred had 95% of the Building’s rentable square feet been occupied and had Landlord been supplying services to tenants occupying 95% of the Building’s rentable square feet throughout such calendar year (hereinafter the “Grossed Up Operating Expenses”), and such amount shall be the Operating Expenses for such calendar year. Except as provided in paragraph (h) below, Landlord’s good faith estimate of Grossed Up Operating Expenses shall not be subject to challenge or recalculation by Tenant. Tenant’s Share of Operating Expense increases shall be determined in accordance with the following provisions:

Operating Expense Increases. Tenant shall pay to Landlord during the term Term hereof, in addition to the Base Rent, Tenant’s 's Share of the amount by which all Operating Expenses for each Comparison Year exceed exceeds the amount of all Operating Expenses for the Operating Expense Base Year. If less than 95% of the rentable square feet in the Building Project is occupied by tenants or Landlord is not supplying services to tenants occupying 95% of the rentable square feet of the Building Project at any time during any calendar year (including the Operating Expense Base Year), Operating Expenses for such calendar year shall be reasonably extrapolated by Landlord, on an item-by-item basis, amount equal to the amount of Operating Expenses that which would normally be expected to be incurred had 95% of the Building’s Project's rentable square feet been occupied and had Landlord been supplying services to tenants occupying 95% of the Building’s Project's rentable square feet throughout such calendar year (hereinafter the “Grossed Up Operating Expenses”), and such amount shall be the Operating Expenses for such calendar year. Except as provided in paragraph (h) below, Landlord’s good faith estimate of Grossed Up Operating Expenses shall not be subject to challenge or recalculation by Tenant. Tenant’s 's Share of Operating Expense increases shall be determined in accordance with the following provisions: (a) Base Year" as used in this Section 5, shall mean the calendar year (January through December) set forth in Section 1.12. Notwithstanding anything to the contrary contained in the Lease, for purposes of calculating the Base Year snow removal costs, Landlord shall average the actual snow removal costs incurred by Landlord for the Base Year as well as the two (2) calendar years immediately preceding such Base Year, and the average of the snow removal costs for such three (3) year period shall be deemed to be the snow removal costs for the Base Year which are to be included in the Base Year costs.

Operating Expense Increases. Tenant shall pay to Landlord during the term hereof, in addition to the Base Rent, Tenant’s Share of the amount by which all Operating Expenses for each Comparison Year exceed the amount of all Operating Expenses for the Operating Expense Base Year. If less than 95% of the rentable square feet in the Building is occupied by tenants or Landlord is not supplying services to tenants occupying 95% of the rentable square feet of the Building at any time during any calendar year (including the Operating Expense Base Year), Operating Expenses for such calendar year shall be reasonably extrapolated by Landlord, on an item-by-item basis, Landlord to the amount of Operating Expenses that would normally be expected to be incurred had 95% of the Building’s rentable square feet been occupied and had Landlord been supplying services to tenants occupying 95% of the Building’s rentable square feet throughout such calendar year (hereinafter the “Grossed Up Operating Expenses”), and such amount shall be the Operating Expenses for such calendar year. Except as provided in paragraph (h) below, Landlord’s good faith estimate of Grossed Up Operating Expenses shall not be subject to challenge or recalculation by Tenant, except as otherwise set forth in Section 4.2(h). Tenant’s Share of Operating Expense increases shall be determined in accordance with the following provisions:

Operating Expense Increases. Tenant shall pay to Landlord during the term hereof, in addition to the Base Rent, Tenant’s 's Share of the amount by which all Operating Expenses for each Comparison Year exceed the amount of all Operating Expenses for the Operating Expense Cost Base Year. If less than 95% of the rentable square feet in the Building is occupied by tenants or Landlord is not supplying services to tenants occupying 95% of the rentable square feet of the Building at any time during any calendar year (including the Operating Expense Cost Base Year), Operating Expenses for such calendar year shall be reasonably extrapolated by Landlord, on an item-by-item basis, to the amount of Operating Expenses that would normally be expected to be incurred had 95% of the Building’s 's rentable square feet been occupied and had Landlord been supplying services to tenants occupying 95% of the Building’s 's rentable square feet throughout such calendar year (hereinafter the “Grossed Up Operating Expenses”"GROSSED UP OPERATING EXPENSES"), and such amount shall be the Operating Expenses for such calendar year. Except as provided in paragraph (h) below, Landlord’s 's good faith estimate of Grossed Up Operating Expenses shall not be subject to challenge or recalculation by Tenant. Tenant’s 's Share of Operating Expense increases shall be determined in accordance with the following provisions:

Operating Expense Increases. Tenant shall pay to Landlord during the term Term hereof, in addition to the Base Fixed Minimum Rent, Tenant’s 's Share of the amount by which all Operating Expenses for each Comparison Year exceed (as defined in Section (f)2) herein below) exceeds the amount of all Operating Expenses (as defined in Section (f)3) herein below) for the Operating Expense Base YearYear (as defined in Section (f)10) herein below). If less than 95% of the rentable square feet in the Building is occupied by tenants or Landlord is not supplying services to tenants occupying 95% of the rentable square feet of the Building at any time during any calendar year (including the Operating Expense Base Year), Operating Expenses for such calendar year shall be reasonably extrapolated by Landlord, on an item-by-item basis, amount equal to the amount of Operating Expenses that which would normally be expected to be incurred had 95% of the Building’s 's rentable square feet been occupied and had Landlord been supplying services to tenants occupying 95% of the Building’s 's rentable square feet throughout such calendar year (hereinafter the “"Grossed Up Operating Expenses”"), and such amount shall be the Operating Expenses for such calendar year. Except as provided in paragraph (h) below, Landlord’s 's good faith estimate of Grossed Up Operating Expenses shall not be subject to challenge or recalculation by Tenant. Tenant’s 's Share of Operating Expense increases shall be determined in accordance with the following provisions: