TENANT'S SHARE OF OPERATING COSTS. In consideration of Landlord’s operation, management, maintenance and repair of the Center as provided herein, Tenant shall pay to Landlord, as additional rent, for and with respect to each and every calendar year during the Lease Term (prorated for any partial calendar year), in equal monthly installments due and payable in advance on the first day of each and every month during the Lease Term commencing with the Commencement Date, the OC Charge as calculated pursuant to Section 1.1 herein. Xxxxxx acknowledges and agrees that, because the OC Charge is an amount agreed to by the parties, Tenant shall have no right to audit Landlord’s books and records concerning the OC Charge.
TENANT'S SHARE OF OPERATING COSTS. Tenant shall pay to Landlord, as additional rent, Xxxxxx's Pro Rata Share of Operating Costs (defined below). The Tenant shall pay to Landlord pro rata monthly installments on account of the projected amount of Operating Costs for each calendar year during the Lease Term in amounts reasonably calculated from time to time by Landlord, with an adjustment made after the close of the calendar year, to account for actual Operating Costs for such calendar year. Such pro rata estimate shall be capped at the prior year's actual costs plus 5%, not including the cost of additional services that were not provided in the prior year, but such cap on the estimated payments shall not relieve Tenant of its obligation to pay its Pro Rata Share of actual Operating Costs as required hereunder. If the total of such monthly installments in any calendar year is greater than Tenant's Proportionate Share of actual Operating Costs for such calendar year, Tenant shall be entitled to a refund. If Tenant has no outstanding monetary obligations to Landlord, Landlord shall promptly pay such amount to Tenant. In no event shall the Landlord credit Xxxxxx's account for an amount greater than the amount of Operating Costs actually paid in by Tenant during the calendar year. If the total of such monthly installments is less than such liability for such calendar year, Tenant shall pay to Landlord the amount of such difference, as additional rent, within thirty (30) days after Xxxxxx receives Landlord's invoice therefor. Landlord shall provide Tenant with a written statement of actual Operating Costs and Xxxxxx's Pro Rata share of the same by April 15 of the year following the year for which such statement is prepared, and any refund due Tenant shall also be made by May 15 of the same year. Tenant shall have the right to audit Xxxxxxxx's books and records related to Operating Costs and Real Estate Taxes, during regular business hours and upon reasonable advance notice to Landlord, within 90 days after the date of Landlord's yearly statement concerning Operating Costs. In the event that the audit reveals an overstatement of more than 5% of Operating Costs and Real Estate Taxes, Landlord shall be responsible for the reasonable cost of Tenant's audit.
TENANT'S SHARE OF OPERATING COSTS. 5.1 In addition to Base Rent, Tenant shall pay Tenant's percentage share as specified in paragraph 5.2(f) of the "Building Operating Costs" (as hereinafter defined), paid or incurred by Landlord in such year in excess of the Building Operating Cost for the Base Year ("Operating Expenses Rent") which shall be the calendar year ending December 31, 2000, which was $7.29 per square foot of Net Rentable Area
TENANT'S SHARE OF OPERATING COSTS. Paragraph 5 is amended to read:
TENANT'S SHARE OF OPERATING COSTS. If, in any calendar year of the term of this Lease after the Operating Expense Base year, Landlord’s Operating Costs exceed the Operating Expense Base, as it relates to all other charges with the exception of snow removal, which shall be an amount equal to the average of Landlord’s actual snow removal cost over the five (5) year period, ending on December 31, 2009 (the amount of such excess, the “Operating Cost Excess”), Tenant shall after notice as hereinafter provided, pay to Landlord as additional rent, an amount equal to the product of (a) such Operating Cost Excess multiplied by (b) the fraction set forth in the definition of “Tenant’s Proportionate Share” in Section 1.2, (Basic Data), of this Lease.
TENANT'S SHARE OF OPERATING COSTS. Landlord shall make a good faith estimate of Xxxxxx’s Share of Operating Costs for any fiscal year or part thereof during the term and notify Tenant of such estimate no later than thirty (30) days prior to each fiscal year, and Tenant shall pay to Landlord, on the Rent Commencement Date and on the first (1st) day of each calendar month thereafter, an amount equal to Tenant’s Share of Operating Costs for such fiscal year and/or part thereof divided by the number of months therein. Upon at least thirty (30) days’ notice, Landlord may estimate and re-estimate Xxxxxx’s Share of Operating Costs and deliver a copy of the estimate or re-estimate to Tenant, provided that no more than one re-estimate may be made in any given fiscal year. Thereafter, the monthly installments of Tenant’s Share of Operating Costs shall be appropriately adjusted in accordance with the estimations so that, by the end of the fiscal year in question, Tenant shall have paid all of Tenant’s Share of Operating Costs as estimated by Xxxxxxxx. Any amounts paid based on such an estimate shall be subject to reconciliation as herein provided when actual Operating Costs are available for each fiscal year.
TENANT'S SHARE OF OPERATING COSTS. Tenant shall pay to Landlord, as additional rent, in the manner provided in Section 4.2(d), Tenant's Share of "Building Operating Costs" which shall include the Building's share of "Project Operating Costs" incurred by Landlord in any Lease Year. "Building Operating Costs" means Operating Costs incurred by Landlord in connection with maintaining, managing, operating, repairing and administering the Building, and any Project Operating Costs which are allocated to Landlord with respect to the
TENANT'S SHARE OF OPERATING COSTS. In the event such determination results in an increase in Operating Costs per annum over the Operating Cost Base, Tenant shall pay as additional rent an amount which shall be equal to that figure obtained by multiplying such increase in Operating Costs by the Operating Escalation Factor. The procedure for payment of such additional rent shall be as follows:
TENANT'S SHARE OF OPERATING COSTS. The Tenant shall pay to Landlord, as additional rent, Xxxxxx’s Proportionate Share of Operating Costs (defined be- low). The Tenant shall pay to Landlord pro rata monthly installments on account of the projected Operating Costs for each lease year during the Lease Term in amounts reasonably calculated from time to time by Landlord with an adjustment made after the close of the lease year, to account for actual Operating Costs for such lease year. The ini- tial monthly payments on account of Operating Costs shall be $ per month. If the total of such monthly in- stallments in any lease year is greater than Tenant’s Proportionate Share of actual Operating Costs for such lease year, Tenant shall be entitled to a credit against Xxxxxx’s monthly installments on account of projected Operating Costs hereunder in the amount of such difference or, if the Lease Term has expired and Tenant has no outstanding monetary obligations to Landlord, Landlord shall promptly pay such amount to Tenant. If the total of such monthly installments is less than such liability for such lease year, Tenant shall pay to Landlord the amount of such differ- ence, as additional rent, within thirty (30) days after Tenant receives Landlord’s invoice therefor.
TENANT'S SHARE OF OPERATING COSTS. Tenant shall pay to Landlord, as additional rent, Tenant's Proportionate Share of the Operating Costs during the Lease Term. Commencing on the Rent Commencement Date, Tenant shall pay monthly, at the time when Rent payments are due hereunder, an amount equal to one-twelfth (1/12th) of Tenant's Proportionate Share of the total annual Operating Costs (as reasonably estimated by Landlord) due from Tenant to Landlord pursuant to Article 4.3
