Uncontrollable Expenses Sample Clauses
The Uncontrollable Expenses clause defines costs or charges that are outside the reasonable control of a party, such as those resulting from regulatory changes, natural disasters, or third-party actions. In practice, this clause typically lists specific types of expenses—like taxes, utility rate increases, or government-imposed fees—that may fluctuate unpredictably and cannot be managed or anticipated by the parties involved. Its core function is to allocate the risk of such unforeseen costs, ensuring that neither party is unfairly penalized for expenses that could not have been prevented or controlled.
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Uncontrollable Expenses. Notwithstanding anything to the contrary contained herein, Tenant's responsibility with respect to payment of Tenant's Share of Uncontrollable Expenses shall be as follows: Tenant shall be required to pay Tenant's Share of Uncontrollable Expenses for any increase in the Uncontrollable Expenses above the per square foot per annum amount of such expenses for calendar year 2013 (the "Base Year"). Commencing with calendar year 2014, and continuing thereafter annually, on a cumulative basis for the remaining Term of the Lease, Tenant shall be obligated to pay its Tenant's Share of Uncontrollable Expenses which exceed the calendar year 2013 Base Year.
Uncontrollable Expenses. The following expenses with respect to the Owner or the Property: taxes, assessments (including, but not limited to, ad valorem and margin taxes) and insurance; expenses incurred by the Owner; audit fees; licenses and permits; HOA assessments; assessments or other charges pursuant to recorded maintenance, shared use, easement and other similar agreements with third parties; utilities; unanticipated material repairs that are essential to preserve or protect the Property; costs of an Emergency; regularly scheduled debt service payments; lender reserves and impounds; and costs due to a change in law or the interpretation thereof.
Uncontrollable Expenses. The amount of certain Operating Expenses, Fixed Charges and Owner’s Expense are not within the ability of Manager to control, including, without limitation, Impositions, Utilities, insurance premiums, license and permit fees and charges provided for in contracts and leases entered into pursuant to this Agreement (“Uncontrollable Expenses”). Manager shall have the right to pay from the Operating Account all Uncontrollable Expenses without reference to the amounts provided for in respect thereof in the Annual Budget for any Contract Year. Manager shall notify Owner as soon as practicable of the making of any such expenditures in an amount greater than the line item in the Annual Budget relating thereto.
Uncontrollable Expenses. Notwithstanding anything in this Lease to the contrary, Tenant will be responsible for Real Estate Taxes, including the reasonable costs and expenses of contesting the validity or amount of Real Estate Taxes; fees or charges imposed by any governmental entity; insurance premiums; utilities; association dues and costs imposed by covenants or easements (subject to the limitations contained above in this Section 3.02), and snow removal costs (collectively, “Uncontrollable Expenses”), without regard to the level of increase in any or all of the above in any year or other period of time. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.