Operating Expenses and Additional Rent. (a) Tenant agrees to pay as Additional Rent (as defined in Section 6(b) below) its proportionate share of Operating Expenses (as hereinafter defined). "Operating Expenses" shall be defined as all reasonable expenses for operation, repair, replacement and maintenance as necessary to keep (i) the Building, and (ii) the driveways, parking areas, truck courts, and other improvements (other than the Building) located on the Land, and serving the Demised Premises (collectively, the "Building Appurtenance Area") in good order, condition and repair, including but not limited to, utilities for the Building and the Building Appurtenance Area, expenses associated with the driveways and parking areas (including sealing and restriping, and snow, trash and ice removal), security systems, fire detection and prevention systems, lighting facilities, landscaped areas, walkways, painting and caulking, directional signage, curbs, drainage strips, sewer lines, all charges assessed against or attributed to the Building pursuant to any applicable easements, covenants, restrictions, agreements, declaration of protective covenants (including, without limitation, such dues and assessments payable pursuant to the Declaration of Protective Covenants for the Project, as amended from time to time in accordance with the terms thereof (the "Protective Covenants")) or development standards, property management fees, all real property taxes and special assessments imposed upon the Building and the Building Appurtenance Area, all costs of insurance paid by Landlord with respect to the Building and the Building Appurtenance Area and cost of improvements to the Building and the Building Appurtenance Area required by any law, ordinance or regulation applicable to the Building and the Building Appurtenance Area generally. Operating Expenses shall not include expenses for the costs of any maintenance and repair required to be performed by Landlord at its own expense under Section (10)(b) or advertising, marketing or commission expenses. Further, Operating Expenses shall not include the costs for capital improvements unless such costs are incurred for the purpose of causing a material decrease in the Operating Expenses of the Building or the Building Appurtenance Area or are made with respect to improvements made to comply with laws, ordinances or regulations as described above. Operating Expenses shall be accounted for in accordance with generally accepted accounting principles. The proportionat...
Operating Expenses and Additional Rent. 11.01 The term 110perating Expenses11 as used in this Lease shall mean and include all expenses incurred and payable by the Landlord in the operation, maintenance, repair and management of the Lands being expenses which are ordinarily chargeable against income in accordance with good accounting practice and certified correct by a chartered accountant appointed by the Landlord, and without restricting the generality of the foregoing shall include: #11848064
(a) all taxes, rates and assessments, whether general ot· special, levied or assessed for municipal, school or other purposes or levied or assessed by any lawful government authority for any purposes with respect to the Lands and including all goods and services taxes (and/or sales taxes) on Rent or other taxes imposed on the Landlord in respect of the Rent payable to the Landlord by tenants of the Building or in respect of the rental of space in the Building to such tenants but excluding those taxes and rates referred to in paragraph 11.03;
(b) electric power and lighting expenses, other than those paid directly by the Tenant and refel'l'ed to in paragraph 5.02 hereof;
(c) salaries and wages (including employee benefits and workers1 compensation, but excluding any wages and benefits paid for directly by the Tenant) and the cost of independent service contracts incurred in the cleaning, maintenance, management and operation of the Building, grounds and parking areas;
(d) all expenses including administration, management, audit, and miscellaneous general expenses related to the Lands and Building, but excluding debt interest, debt repayment, penalties for late payment of propet·ty taxes and depreciation charges;
(e) all charges incurred as a result of the Landlord obtaining insurance against loss or damage by fire or other casualties and against loss of rentals;
(f) expenses incurred in cleaning and repainting the exterior of the Building or the common area of the Building;
(g) expenses incurred in keeping free of litter, dirt, snow and ice the parking area of and the sidewalks adjacent to the Building;
(h) all repairs performed in accordance with paragraph 6.05 herein, except for structural repairs, provided that the cost of such repairs that exceed minor repairs (in excess of $10,000) are amortized on a straight line basis over the normal life expectancy of the items being repaired or replaced, in accordance with generally accepted accounting practices;
(i) repairs or replacements to fixtures and equipm...
Operating Expenses and Additional Rent. 16.01 Tenant shall pay to Landlord an Operating Expense Allowance of Three Hundred Seven Thousand Two Hundred 00/100 Dollars ($307,200.00) per year in equal monthly installments of Twenty Five Thousand Six Hundred and 00/100 Dollars ($25,600.00) payable on the first day of each month with the payment of Base Rent, such amount based on $5.12 per square feet and to be adjusted if the square footage of the Building is adjusted in accordance with Section 2 of the Lease.
16.02 If the actual Tenant’s Pro-Rata Share of Operating Expenses for any Operating Year shall be greater than the total Operating Expense Allowance for such year, Tenant shall pay to Landlord as additional rent an amount equal to the difference between the actual amount of Tenant’s Pro-Rata Share of Operating Expenses for the Operating Year and the total Operating Expense Allowance for such year (hereinafter referred to as the “Operating Expense Adjustment). If Tenant occupies the Premises or a portion thereof for less than a full Operating Year, the Operating Expense Adjustment will be calculated in proportion to the amount of time in such Operating Year that Tenant occupied the Premises. Such Operating Expense Adjustment, if any, shall be paid in the following manner: within one hundred twenty (120) days following the end of the first and each succeeding Operating Year, Landlord shall furnish to Tenant an Operating Expense Statement setting forth (a) the Operating Expense for the preceding Operating Year; (b) the Operating Expense Allowance; and (c) Tenant’s Operating Expense Adjustment for such Operating Year. Within thirty (30) days following receipt of such Operating Expense Statement, Tenant shall pay to Landlord as additional rent the Operating Expense Adjustment for such Operating Year. Commencing with the first month of the second Operating Year and for each Operating Year thereafter, Landlord may modify the Operating Expense Allowance Tenant is required to pay based on the prior year Operating Expense Adjustment. Tenant shall be required to pay the Operating Expense Adjustment, if any, for the final year of the Term of the Lease by the earlier to occur of thirty (30) days following receipt of the final Operating Expense Statement or expiration or termination of the Lease and as a condition for Landlord’s return of the Security Deposit. Failure to pay the final Operating Expense Adjustment shall be a default of this Lease and entitle Landlord to all rights and remedies set forth herei...
Operating Expenses and Additional Rent. (a) Tenant agrees to pay as Additional Rent its proportionate share of the amount paid or Incurred by Landlord during the Term for operation and maintenance of the Building (collectively "Operating Expenses"). Operating Expenses shall include all expenses for operation, repair, replacement and maintenance as necessary to keep e Building and the common areas, grounds, and parking areas associated therewith in good order, condition and repair, including but not limited to, utilities for the common areas of and relating to the Building, expenses associated with the driveways and parking areas (including repaving and snow. trash and ice removal), security systems, lighting facilities, landscaped areas, walkways, directional signage, curbs, drainage strips, sewer lines, all charges assessed against the Building pursuant to any applicable easements, covenants or development standards, administrative fees (including property management fees and attorneys' fees), all real property taxes and special assessments imposed upon the land on which the Building is constructed, and all insurance premiums paid by Landlord with respect to the Building, including public liability Insurance. Operating Expenses shall not include expenses for the costs of any maintenance and repair required to be performed by Landlord at its own expense under Section (10.)(b).
Operating Expenses and Additional Rent. (a) Tenant agrees to pay as Additional Rent (as defined in Section 6(b) below) its proportionate share of Operating Expenses (as hereinafter defined). "Operating Expenses" shall be defined as all reasonable expenses for operation, repair, replacement and maintenance as necessary to keep the Building and the common areas, driveways, and parking areas associated therewith (collectively, the "Building Common Area") in good order, condition and repair, including but not limited to, utilities for the Building Common Area, expenses associated with the driveways and parking areas (including sealing and restriping, and snow, trash and ice
Operating Expenses and Additional Rent
