TENANT'S SHARE OF OPERATING COSTS Sample Clauses

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. ▇▇▇▇▇▇ 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. 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 Page 2 <PAGE> 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. The term "Building Operating Costs" includes:

TENANT'S SHARE OF OPERATING COSTS. In addition to the Rent to be paid by Tenant, Tenant shall pay to Landlord its proportionate share (determined by its portion of the total rented area on a per rentable square foot basis) of the amount by which "Operating Costs (as hereinafter defined) for any calendar year or part thereof during the term of this Lease, exceed the Operating Costs for the Base Operating Year specified in Section 1.2 (prorated for less than a full year). Payments by Tenant on account of Tenant's share of such excess shall be made monthly and at the time and in the fashion herein provided for the payment of Rent. The amount so to be paid to Landlord shall be an amount from time to time estimated by Landlord to be sufficient to provide Landlord, in the aggregate, a sum equal to Tenant's share of such excess for each calendar year during the Term of this Lease. Promptly after the end of each calendar year during the Term of this Lease, Landlord shall submit to Tenant an accounting of costs for such calendar year, and Landlord shall certify to the substantial accuracy thereof. If payments theretofore made for such calendar year by Tenant exceed Tenant's share of Operating Costs according to such statement, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant; but, if the Tenant's share of Operating Costs is greater than payments theretofore made on account for such period, Tenant shall make suitable payment to Landlord within ten (10) days after being so advised by Landlord. Landlord shall have the same rights and remedies for the non-payment by Tenant of any amounts due on account of such Operating Costs as Landlord has hereunder for the failure of Tenant to pay the Rent. Payments by the Tenant to the Landlord on account of such Operating Costs shall not be considered as being held in trust, in escrow, or the like, by the Landlord; it being the express intent of the Landlord and the Tenant that the Tenant shall in no event be entitled to receive interest upon, or any payments on account of earnings or profits derived from, such payments by the Tenant to the Landlord.

TENANT'S SHARE OF OPERATING COSTS. Paragraph 5 is amended to read:

TENANT'S SHARE OF OPERATING COSTS. Landlord shall make a good faith estimate of ▇▇▇▇▇▇’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 ▇▇▇▇▇▇’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 ▇▇▇▇▇▇▇▇. 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. 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. 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. The Tenant shall pay to Landlord, as additional rent, Tenant's Proportionate Share of any increase in Operating Costs (defined below)over the Operating Cost Base. The Tenant shall pay to Landlord pro rata monthly installments on account of the projected increase in Operating Costs over the Operating Expense Base (as defined in Section 1.2) 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 initial monthly payments on account of Operating Costs shall be $_____ none _____ per month. If the total of such monthly installments 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 Tenant'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. In no event shall the Landlord credit Tenant's account for an amount greater than the amount of Operating Costs actually paid in by Tenant during the lease year. If the total of such monthly installments is less than liability for such lease year, Tenant shall pay to Landlord the amount of such difference, as additional rent, within thirty (30) days after Tenant receives Landlord's invoice therefor. `

TENANT'S SHARE OF OPERATING COSTS. (a) Landlord shall pay, in the first instance, all Operating Costs incurred by Landlord in the efficient management, operation and maintenance of the Building. For these purposes, "Operating Costs" shall mean, for any calendar year, the sum of all expenses, costs and disbursements which Landlord shall pay or become obligated to pay because of or in connection with the management, operation and maintenance of the Building, including any parking facilities or lots and the grounds and land upon which the building and parking facilities or lot are situated including but not limited to the following: all management office and administrative expenses; expenses incurred for heat, cooling and other utilities; cost of all insurance; all Real Estate Taxes as defined in Section 4.5; cost of janitorial and cleaning service, trash collection services, pest control and security service; salaries, wages and other personnel costs of engineer, superintendents, watchpersons, and all other employees of the Building; charges under maintenance and service contracts for elevators, chillers, boilers and/or controls; window cleaning; building and grounds maintenance; parking facility or lot maintenance; management fees; the cost of permits and licenses; all maintenance and repair expenses and supplies including replacement of fluorescent light bulbs and ballasts in building standard lighting fixtures; amortization or depreciation allocated over the estimated useful life of each such item, interest and other debt costs with respect to equipment or capital items purchased which are labor saving or energy conserving devises used in the maintenance and operation of the building which eliminate or reduce any component of Operating Costs or equipment, systems or other capital expenditures purchased to comply with any law, ordinance, regulation or directive of any governmental agency or body which law, ordinance, regulation or directive did not exist at the date of this Lease; and all other costs and expense properly incurred in the operation and maintenance of an office building. Operating Costs shall exclude the following: cost of alterations of all rentable premises; real estate brokers' lease commissions; payment of principal and interest on mortgages except those qualifying for inclusion as listed above; cost to Landlord of any work or service performed for any tenant at the cost of such tenant; and capital expenditures except those qualifying for Inclusion as listed above.