Tenant’s Proportionate Share of Operating Costs. Tenant shall pay to Landlord, as additional rent, its proportionate share of operating costs calculated on the basis of the ratio set forth in Section 8.01. Any payments with respect to any partial calendar year in which the Term commences or ends shall be prorated. Tenant agrees to pay 1,403.52 per month as an escrow amount for operating costs as defined in Article 7.
01. Landlord may, at any time, deliver to Tenant its estimate (or revised estimate) of such additional amounts payable under this Section for each calendar year. On or before the first day of the next month and on or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent such amount as Landlord reasonably determines to be necessary to bring and keep Tenant current. As soon as practicable after the close of each calendar year, Landlord shall deliver to Tenant a statement showing the total amount payable by Tenant under this Article. If such statement shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant or at Landlord's option the excess shall be credited against the next monthly installment of rent. If such statement shows an amount due from Tenant that is more than the estimated payments paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent. In the event an amount is due and is not paid within thirty (30) days after the date of Landlord's statement to tenant, the unpaid amount shall bear interest at the rate of eighteen (18%) percent per annum from the date of such statement until payment by tenant. Landlord and Tenant acknowledge that certain of the costs of management, operation and maintenance of the Development are allocated among all of the buildings in the Development using methods of allocation that are considered reasonable and appropriate under the circumstances. Tenant hereby consents to such allocations provided that the determination of such costs and the allocation of all or part thereof to Operating Costs hereunder shall be in accordance with generally accepted accounting principles applied on a consistent basis. Tenant or its' representatives shall have the right after seven (7) days prior written notice to Landlord to examine Landlord's books and records of Operating Costs during normal business hours within twenty (20) days following the furnishing of the statement to Tenant. Unless Tenant takes written e...
Tenant’s Proportionate Share of Operating Costs. The Tenant will pay, in accordance with Section 3.6, the Tenant's Proportionate Share of Operating Costs.
Tenant’s Proportionate Share of Operating Costs of the Operating Costs as defined in Article 5 allocable to the Building, based upon the rentable square feet of the Premises, compared to the total rentable square feet of the Building.
Tenant’s Proportionate Share of Operating Costs. 10.053% of the Operating Costs as defined in Article 5 allocable to the Building, based upon the rentable square feet of the Premises, compared to the total rentable square feet of the Building.
Tenant’s Proportionate Share of Operating Costs. The Tenant shall pay to the Landlord as Additional Rent in accordance with Section 3.07 the Proportionate Share of Operating Costs.
Tenant’s Proportionate Share of Operating Costs. 69% of the Operating Costs as defined in Article 5 allocable to the Building, based upon the rentable square feet of the Premises, compared to the total rentable square feet of the Building.
Tenant’s Proportionate Share of Operating Costs. The Tenant will pay, in accordance with Section 4.5. the Tenant's Proportionate Share or the Tenant's Share, as the case may be, of Operating Costs.
Tenant’s Proportionate Share of Operating Costs. Tenant agrees to pay as additional Rent, as hereinafter provided, the Operating Costs Charge which represents Tenant's proportionate share of certain costs relating to the operation and maintenance of the Shopping Center (such costs referred to in this Lease as "Operating Costs") described as the aggregate of:
(a) the cost of operation and maintenance of the Common Area, including specifically, without limitation, such maintenance and repair as Landlord in its discretion shall determine; pedestrian traffic direction and control (including, among other costs, maintenance and repair of any stairs, elevators or escalators); costs and expenses of planting, maintaining, replanting and replacing flowers, plants, shrubbery, trees and other landscaping; water and sewerage charges; interior and exterior painting; required licenses and permits; costs and expenses of supplies; illumination of the buildings and the Common Area (including, among other costs, maintenance of fixtures, the cost of light bulbs, and special holiday lighting); maintenance, repair and replacement of heating, ventilating, air conditioning and other equipment, if any, in the Common Area, and sanitary control facilities; maintenance, repair and replacement of parking facilities (including, among other costs, sweeping and restriping); removal of snow, ice, trash, rubbish, garbage and other refuse; all costs and expenses of fire protection and sprinkler installation and maintenance; security services (both on and off site); traffic control and policing (including, among other costs, traffic signs and markers, both on and off site); holiday and other decorations; depreciation of the capital costs of, and rent for the leasing of, any machinery, equipment and vehicles used in connection with the operation and maintenance of the Common Area; maintenance, repair and replacement of all utility mains, lines, conduits and other facilities on, under or above the Common Area; all charges for utility services to the extent not billed directly to tenants (including, in the event of an enclosed mall or promenade in the Shopping Center, the cost of energy consumed by heating, ventilating and air conditioning the enclosed mall or promenade); premiums for hazard, public liability, rent loss, boiler and such other insurance as Landlord shall deem appropriate; ad valorem taxes, or taxes levied in lieu thereof, assessments and other governmental charges (foreseen or unforeseen, general or special, ordinary or extrao...
Tenant’s Proportionate Share of Operating Costs. During the portion of the Lease Term beginning on March 1, 2010, and ending on July 31, 2011, Tenant's Proportionate Share of Operating Costs for the Premises shall be amended and stipulated to be 30.861% (i.e., 41,439 square feet of Rentable Area divided by 000,000 xxxxxx xxxx xx Xxxxxxxx Xxxx). During the portion of the Lease Term beginning on August 1, 2011, and ending on July 31, 2016. Tenant's Proportionate Share of Operating Costs for the Premises shall be amended and stipulated to be 25.141% (i.e., 33,759 square feet of Rentable Area divided by 000,000 xxxxxx xxxx xx Xxxxxxxx Xxxx). During the portion of the Lease Term beginning on March 1, 2010, and ending on July 31, 2011, the Base Year for Operating Costs as to the Suite 200 Premises and the 2009 Subleased Premises ONLY shall continue to be calendar year 2005, as provided in the Lease. Effective as of January 1, 2010, the Base Year for Operating Costs as to the Original Premises ONLY shall be calendar year 2010, as provided in the Lease; provided, however, that notwithstanding the foregoing, with respect ONLY to the Original Premises, for the purpose only of calculating the excess if Operating Costs for the Building and the Project for any calendar year of the Lease Term after 2010 (an "Applicable Year") exceed the Base Operating Costs, the Operating Costs of the Applicable Year shall not exceed the difference of (a) the sum of (i) all Controllable Expenses (as herein defined) actually incurred during calendar year 2010 compounded at a cumulative annual rate of six percent (6%) for each calendar year (or portion thereof) commencing with calendar year 2010 through and including the Applicable Year; and (ii) all Non-Controllable Expenses (defined below) incurred by Landlord during the Applicable Year; LESS (b) the sum of all Controllable Expenses and all Non-Controllable Expenses actually incurred by Landlord during calendar year 2010. As used in this Amendment, the term "Controllable Expenses" means and includes all Expenses incurred by Landlord OTHER THAN Non-Controllable Expenses. As used in this Amendment, the term "Non-Controllable Expenses" means and includes all Real Estate Taxes, insurance costs, expenses of snow and ice removal and utilities expenses incurred by Landlord in connection with the Building and the Project. Exhibit 10.2
Tenant’s Proportionate Share of Operating Costs. 95% of the amount by which the Operating Costs (as defined in Section 3(a)) exceed $6.00 per rentable square foot.
