Common use of TENANT'S PRO RATA SHARE OF EXPENSES Clause in Contracts

TENANT'S PRO RATA SHARE OF EXPENSES. Tenant agrees to pay, in addition to the rental set forth in Article II of this Lease, a proportionate share of the costs, expenses, and other charges incurred in connection with the operation, maintenance and repair of the Common Areas of the Industrial Park and shall include, but not be limited to, the costs and expenses of the following: maintenance of the common areas including policing and security protection: repair and replacement of paving, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems (including bulbs and poles); painting of the building; maintenance and repair of the roof, to the sum of which shall be added an amount equal to ten (10%) percent thereof in payment of all of Landlord's administrative costs. The proportionate share to be paid by Tenant shall be computed on the basis that the total floor area of the herein Demised Premises bears to the total floor area of the Industrial Park as determined at the beginning of each calendar quarter. Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in this Section 3.03, and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate of Tenant's installments during the calendar year shall be less than the amount of the obligations due from Tenant, such deficiency shall be paid to Landlord within fifteen (15) days after demand therefor. If there shall have been an overpayment by Tenant, Tenant shall be given credit toward the next due payment of its share of expenses.

Appears in 2 contracts

Samples: Lease Agreement (Singing Machine Co Inc), Lease Agreement (Singing Machine Co Inc)

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TENANT'S PRO RATA SHARE OF EXPENSES. (a) Tenant agrees to paypay to Landlord in the manner hereinafter provided, in addition to the rental set forth in Article II of this Leasebut not more often than once each calendar month, a Tenant's proportionate share of the costsall costs and expenses of every kind and nature paid or incurred by Landlord in operating, expensesmanaging, equipping, lighting, heating, air conditioning, providing sanitation and sewer and other charges incurred services, providing a music and public address system, insuring, repairing, replacing and maintaining the (i) common areas; (ii) foundation, exterior walls and roofs within the Shopping Center; (iii) all other areas, facilities and buildings used in connection with the operation, maintenance and repair and/or operation of the Common Areas of regional development whether located on or off the Industrial Park regional development and such costs and expenses shall include, include but not be limited to, to the costs and expenses of described in the following: maintenance of the common areas including policing attached Exhibit "E" and security protection: repair and replacement of paving, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems (including bulbs and poles); painting of the building; maintenance and repair of the roof, to the sum of which shall be added an amount equal to ten fifteen percent (1015 %) percent thereof in payment of the total of all of the foregoing costs and expenses as Landlord's administrative costsfee. Services performed may be by Landlord or related companies or by third party contractors. The Tenant's proportionate share to be paid by Tenant shall be a fraction computed on the basis that the total square footage of floor area of in the herein Demised Premises leased premises bears to the total square footage of constructed gross leased and occupied floor area in the Shopping Center. The gross leased and occupied floor area in effect for the whole of any lease year or partial lease year shall be the average of the Industrial Park as determined at gross leased and occupied floor area in effect on the beginning first day of each calendar quartermonth in such lease year or partial lease year. Landlord will estimate Prior to the obligations anticipated to be required to be paid by Tenant to Landlord proration and determination of Tenant's proportionate share of the foregoing costs and expenses as provided in this Section 3.03Section, and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate of Tenant's installments during the calendar year there shall be less than deducted from the amount of the obligations due from Tenant, such deficiency shall be total thereof all amounts paid to Landlord within fifteen (15) days after demand thereforby any Major Tenant toward such cost and expenses. If there shall have been an overpayment by Tenant, Tenant shall be given credit toward the next due payment of its share of expenses.SEE ATTACHED RIDER FOR INSERTS

Appears in 1 contract

Samples: Lease (Cinema Ride Inc)

TENANT'S PRO RATA SHARE OF EXPENSES. Tenant agrees to pay, in addition to the rental set forth in Article II 11 of this Lease, a proportionate share of the costs, . expenses, and other charges incurred in connection with the operation, maintenance and repair of the Common Areas of the Industrial Park and shall include, but not be limited to, the costs and expenses of the following: maintenance of the common areas including policing and security protection: ; repair and replacement of paving, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems (including bulbs and poles); painting of the building; maintenance and repair of the roof, to the sum of which shall be added an amount equal to ten (10%) percent thereof in payment of all of Landlord's administrative costs. The proportionate share to be paid by Tenant shall be computed on the basis that the total floor area of the herein Demised Premises bears to the total floor area of the Industrial Park as determined at the beginning of each calendar quarter. Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in this Section 3.03, and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate of Tenant's installments during the calendar year shall be less than the amount of the obligations due from Tenant, such deficiency shall be paid to Landlord within fifteen (15) days after demand therefor. If there shall have been an overpayment by Tenant, Tenant shall be given credit toward towards the next due payment of its share of expenses.

Appears in 1 contract

Samples: Lease (Singing Machine Co Inc)

TENANT'S PRO RATA SHARE OF EXPENSES. Tenant agrees to paypay Landlord as part of the Shared Expenses, in addition to the rental set forth in Article II of this Lease, a Tenant's proportionate share of all costs and expenses of every kind and nature paid or incurred by Landlord in operating, equipping, policing and protecting, lighting, heating, insuring, repairing, replacing and maintaining the costs, expenses, and other charges incurred in connection with the operation, maintenance and repair common areas of the Common Areas Shopping Center including the cost of insuring all property provided by Landlord which may at any time comprise the Industrial Park Shopping Center. Such costs and expenses shall include, but not be limited to, illumination and maintenance of Shopping Center signs, whether located on or off the costs Shopping Center site; cleaning, lighting, striping and expenses landscaping; premiums for liability and property insurance; personal property taxes; supplies, holiday decorations; pre-opening costs; the cost of maintenance and replacement of equipment supplying music to the following: common areas; the reasonable depreciation of maintenance equipment used in the operation and maintenance of the common areas including policing and security protection: repair project areas; contribution for amortization of the cost of all capital investment items which are primarily for the purposes of increasing the operating efficiency of any portion of the Premises, reducing the Shared Expenses or attempting to satisfy what may be required by any governmental authority; total compensation and replacement of paving, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems benefits (including bulbs premiums for workmen's compensation and poles); painting other insurance) paid to or on behalf of employees involved in the performance of the building; work specified in this Section. Included in the costs of such common area maintenance shall be a management fee paid by or to Landlord, provided such fee does not exceed the market rates for such services. For the purpose hereof, any charges for utilities contained in the foregoing costs and repair expenses shall be at the same rates as the rates for comparable service from the applicable utility company serving the area in which the Shopping Center is located. Within ninety (90) days after the end of each Lease Year or partial Lease Year, Landlord shall furnish Tenant with a statement of the roof, to the sum actual amount of which shall be added an amount equal to ten (10%) percent thereof in payment of all of LandlordTenant's administrative costs. The proportionate share to be of such costs and expenses for such period. If the total amount paid by Tenant shall be computed on the basis that the total floor area of the herein Demised Premises bears to the total floor area of the Industrial Park as determined at the beginning of each calendar quarter. Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in under this Section 3.03, and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate of Tenant's installments during the any calendar year shall be less than the actual amount of the obligations due from TenantTenant for such year as shown on such statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency shall to be paid to Landlord within fifteen ten (1510) days after demand thereforthe furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section. If there The foregoing notwithstanding, Landlord's operating expenses shall have been an overpayment be reasonable; that is, the charges for the cost of operating the building, the cost of equipment, salaries, the cost of common area maintenance and related operating expenses shall be comparable on a square foot basis to those costs and expenses incurred by Tenantsimilar shopping centers in the subject market area. With respect to each calendar month falling wholly within the term of this Lease, Tenant shall be given credit toward pay in advance, on the next due payment first of its the month, one-twelfth (1/12) of Tenant's estimated annual pro-rata share of such costs and expenses, which costs and expenses, as aforesaid, comprise a portion of the Shared Expenses.

Appears in 1 contract

Samples: Lease Agreement (Webb Mortgage Depot Inc)

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TENANT'S PRO RATA SHARE OF EXPENSES. In addition to the Annual Base Rent payable under Section 5.1 hereof, Tenant agrees to pay, in addition to pay monthly throughout the rental set forth in Article II term of this Lease, a proportionate share as Additional Rent, Tenant’s Pro Rata Share of the costs, expenses, and other charges incurred in connection with the all reasonable costs of operation, maintenance maintenance, administration, repairs and repair replacements of the Common Areas of the Industrial Park Areas, Building and shall includeSite including, but not be limited to, Common Utility Costs, Expenses, Taxes and Insurance Costs. Expenses shall mean all costs of operation, maintenance, repair and replacement of the Common Areas, Building, building components, and improvements (including any future building and improvements) located on the Site, including, but not limited to, the costs roof and expenses of the following: maintenance of the common areas including policing and security protection: repair and replacement of pavingfour outer walls, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkwayswalks, landscaping, sprinkler systemsplumbing system, electrical system, heating, ventilating and air conditioning system, storm sewers, sanitary sewers and storm drainage systemswater main, and shall include the following costs by way of illustration, but not limitation: repairs to the building(s), walks, or any other improvements on the land; ; license, permit and inspection fees; grounds care costs, including retention pondssnow removal, water systemslandscaping and lawn, dumpster enclosures tree and lighting systems shrubbery care; labor; supplies; materials; equipment; tools; insurance premiums; and all costs of maintenance and redecoration of the exterior of the building(s), including repainting and glazing; trash and garbage collection services, if provided by Landlord (including bulbs and polescollectively “Expenses”); painting provided, however, such Expenses shall exclude the cost of the building; maintenance and repair of the roofrepairs required to be made by Tenant. In addition, to the sum of which shall be added an amount equal to ten fifteen (1015%) percent thereof in payment of all the total of the Expenses, and the Tenant’s Pro Rata Share of Common Utility Costs under Section 6 hereof, Taxes under Section 8 hereof, and Insurance Costs under Section 13 hereof to cover Landlord's administrative costs. The proportionate share to ’s administration costs shall be paid by Tenant in accordance with Section 7.3. In determining the foregoing costs, any such cost attributable to periods prior to the Commencement Date or subsequent to the Termination Date shall be computed on the basis that the total floor area of the herein Demised Premises bears to the total floor area of the Industrial Park as determined at the beginning of each calendar quarterprorated. Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in this Section 3.03, and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate of Tenant's installments during the calendar year Any capital improvements shall be less than amortized over the amount useful life of the obligations due such capital improvements. The following items shall also be specifically excluded from Tenant, such deficiency shall be paid to Landlord within fifteen (15) days after demand therefor. If there shall have been an overpayment by Tenant, Tenant shall be given credit toward the next due payment of its share of expenses.Common Area costs:

Appears in 1 contract

Samples: Subordination, Nondisturbance and Attornment Agreement (NightHawk Radiology Holdings Inc)

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