GROSS-UP PROVISION definition
GROSS-UP PROVISION. If less than ninety-five percent (95%) of the net rentable area of the Building is occupied by tenants at all times during any Year (including the Base Year), then Operating Costs for such Year may include all additional costs and expenses that Landlord reasonably determines would have been incurred had ninety-five percent (95%) of the Building been occupied at all times during such Year by tenants.
GROSS-UP PROVISION. If less than ninety-five percent (95%) of the net rentable area of the Building is occupied by tenants at all times during any Year (including the Base Year), then Operating Costs for such Year may include all additional costs and expenses that Landlord reasonably determines would have been incurred had ninety-five percent (95%) of the Building been occupied at all times during such Year by tenants. The extrapolation of Operating Costs provided for herein shall be performed by appropriately adjusting the costs of those components of Operating Costs that fluctuate as a result of changes in the level of occupancy in the Building.