Payments of Additional Rent. Sublandlord agrees that Subtenant shall not be responsible for the cost of replacing any such heating, ventilating and air conditioning system, except to the extent replacement is required as a result of the negligent acts or willful misconduct of Subtenant or its agents, employees or contractors. Notwithstanding any provision in this Sublease or in the Master Lease to the contrary, in no event shall Subtenant be responsible for any capital expenditures resulting from any future change in any law, rule, regulation or ordinance affecting the Subleased Premises and/or the Building.
Payments of Additional Rent. Tenant shall pay Tenant's Project Share of Taxes and of Operating Costs as Additional Rent to Landlord in the manner hereafter provided.
Payments of Additional Rent. Tenant shall pay Tenant’s Proportionate Share of Taxes and of Operating Costs as Additional Rent to Landlord in the manner hereafter provided.
Payments of Additional Rent. (i) Notwithstanding any other provision of this Section to the contrary, it is agreed that in the event that the Building is less than one hundred percent (100%) occupied by tenants in occupancy and paying full rent during any calendar year (including the Base Year), an adjustment shall be made in the computation of all Additional Rent hereunder to reflect at least a one hundred percent (100%) occupancy of the total Rentable Area of the Building. The Operating Costs and Taxes for such year shall be deemed to be the amount of Operating Costs and Taxes which, in the reasonable opinion of Landlord, would have been incurred if (1) one hundred percent (100%) of the Rentable Area of the Building had been leased to tenants in occupancy and paying full Rent, and (2) the Building, Facilities, and Real Property were fully assessed. Notwithstanding anything to the contrary in this Lease, should Landlord add any new categories of expenses which alone or in the aggregate result in a substantial increase in expenses, then the Base Year calculations shall be adjusted accordingly to include such new categories of expenses.
Payments of Additional Rent. (1) Any and all increases in Rent pursuant to this Article shall be Additional Rent payable by Tenant hereunder, and in the event of nonpayment thereof, Landlord shall have the same right with respect to such nonpayment as it has with respect to any other nonpayment of Rent hereunder. The Basic Rent, the Additional Rent, and any other sums payable under any provision of this Lease shall in no event be reduced by any other provision hereof and in no event shall the Rent payable by Tenant for any calendar year be reduced by the application of this Article to an amount less than that specified in Article 4.
Payments of Additional Rent. (1) Notwithstanding any other provision of this Article to the contrary, it is agreed that in the event that the Building is less than ninety percent (90%) occupied during any calendar year, *an adjustment shall be made in the computation of all additional rent hereunder to reflect at least an ninety percent (90%) occupancy of the total Rentable Area of the Building. The Operating Costs and Taxes for such year shall be deemed to be the amount of Operating Costs and Taxes which, in the opinion of Landlord's certified public accountant, would have been incurred if ninety percent (90%) of the Rentable Area of the Building had been leased.
Payments of Additional Rent. (1) Notwithstanding any other provision of this Article to the contrary, it is agreed that in the event that the Building is less than ninety percent (90%) occupied during any calendar year, an adjustment shall be made in the computation of all additional rent hereunder to reflect at least a ninety percent (90%) occupancy of the total Rentable Area of the Building DURING ANY SUCH CALENDAR YEAR. The Operating Costs and Taxes for such year shall be deemed to be the amount of Operating Costs and Taxes which, in the reasonable opinion of Landlord's certified public accountant, would have been incurred if ninety percent (90%) of the Rentable Area of the Building had been leased.
Payments of Additional Rent. On or before the ------------ --------------------------- fifteenth (15th) day of each month after the month in which the Commencement Date occurs during the Term, Tenant shall (a) deliver to Landlord a detailed statement setting forth the calculation of Gross Gaming Win as filed with the Indiana Gaming Commission and the installments of Additional Rent for the immediately preceding month and (b) make a corresponding monthly installment payment to Landlord of Additional Rent. On or before March 31 of each calendar year or partial calendar year after the calendar year or partial calendar year in which the Commencement Date occurs during the Term, Tenant shall (a) deliver to Landlord a detailed annual statement setting forth the calculations of Gross Gaming Win as filed with the Indiana Gaming Commission and the amount Additional Rent for the immediately preceding calendar year or partial calendar year, and (b) pay a final installment Additional Rent in an amount equal to the difference, if any, between the Additional Rent payable to Landlord for such calendar year or partial calendar year, as computed and stated in the annual statement, and the sum of the monthly installments Additional Rent paid to Landlord for such calendar year or partial calendar year. Notwithstanding the foregoing, in the event the sum of the monthly installments of Additional Rent paid to Landlord for such calendar year or partial calendar year exceed the Additional Rent payable to Landlord for such calendar year or partial calendar year, as computed and stated in the annual statement, than Tenant shall receive a credit in an amount equal to the difference of such sums for the next monthly payments due and payable.
Payments of Additional Rent. Tax and Expense Estimate; Projections. Tenant shall pay Additional Rent to Landlord in the manner hereinafter provided.
Payments of Additional Rent shall be apportioned for any fraction of a month occurring during the Term in which the Term Commencement Date or the last day of the Term of the Sublease may fall. Sublessor, in good faith, shall have the right to provide adjusted Estimated Expense Statements during any Building fiscal year and in the event Sublessor fails to provide an Estimated Expense Statement thirty (30) days prior to the commencement of any given Building fiscal year, Sublessee shall continue to pay Additional Rent based upon the immediately preceding Estimated Expense Statement until such time as Sublessor provides Sublessee with a new Estimated Expense Statement. Within six (6) months after the last day of each Building's fiscal year during the Term of this Sublease, Sublessor shall furnish Sublessee with a statement of actual Additional Rent for such Building fiscal year with respect to Operating Expenses certified by an officer of Sublessor (the "Actual Expense Statement"). In the event the Actual Expense Statement shows that there exists a deficiency between the Additional Rent which was due by Sublessee and the actual Additional Rent paid by Sublessee, Sublessee shall pay such deficiency to Sublessor within thirty (30) days of receipt of such Actual Expense Statement. In the event the Actual Expense Statement shows that an overpayment of Additional Rent has been made by Sublessee then Sublessor shall credit the next installments of Additional Rent due hereunder, or, in the event there is no such Additional Rent due, Sublessor shall return such overpayment to Sublessee within thirty (30) days of receipt of Sublessee's written notice requesting same. For purpose of this Sublease, "Operating Expenses" for any given Building fiscal year shall equal the product of (a) Sublessee's Proportionate Share (as defined in Section 2.4 hereof) times (b) all costs and expenses incurred annually by Landlord and Sublessor in the operation and maintenance of the Building and the Lot in accordance with generally accepted operational and maintenance procedures consistent with the management of comparable office and research/development buildings in the greater Boston area that are commonly utilized by Boston University in other buildings in the Boston University Medical Campus, as determined in accordance with GAAP, including, without limiting the generality of the foregoing, all such costs and expenses in connection with (1) insurance, all insurance deductibles, license fees, security, janitorial...
