Non-Controllable Operating Expenses definition
Non-Controllable Operating Expenses means all Operating Expenses other than Controllable Operating Expenses. There is no cap on Non-Controllable Operating Expenses.
Non-Controllable Operating Expenses means all Operating Expenses, other than Controllable Operating Expenses.
Non-Controllable Operating Expenses means utility costs, snow and ice removal expenses, insurance premiums, trash removal expenses, other items the unit cost and quantity requirements of which are not susceptible to pre-negotiation by Landlord, or which are otherwise not reasonably controllable by Landlord (such as, but not limited to, increases in the minimum wage which may affect the cost of service contracts), and contracts or services which are the subject of collective bargaining agreements or which are performed by persons subject to collective bargaining agreements and the amortized costs of Capital Expenditures.
Examples of Non-Controllable Operating Expenses in a sentence
Non-Controllable Operating Expenses are those components of Operating Expenses that are not Controllable.
Tenant's liability for Non-Controllable Operating Expenses shall not be similarly limited.
There shall be no cap on that portion of Tenant's Proportionate Share attributable to Non-Controllable Operating Expenses.
Notwithstanding the foregoing or any other provision of this Lease, after the first full calendar year following the Commencement Date, the amount of Annual Operating Expenses paid by Tenant shall not exceed one hundred three percent (103%) of the amount of Annual Operating Expenses paid by Tenant for the preceding calendar year measured on a cumulative basis; provided, however, the foregoing cap shall not be applicable to Non-Controllable Operating Expenses (as hereinafter defined).
Upon request, Landlord agrees to furnish Tenant reasonably suitable documentary evidence of any increases included in Non-Controllable Operating Expenses.
More Definitions of Non-Controllable Operating Expenses
Non-Controllable Operating Expenses means insurance premiums, real estate taxes, costs of snow and ice removal, and utilities rates.
Non-Controllable Operating Expenses taxes, insurance, and utilities, costs to Landlord resulting from uninsured casualty, repair or replacement (for greater certainty, casualty, repair or replacement which would be covered by insurance required to be maintained by landlord are not to be included in Operating Expenses); costs of security for the Center; costs of snow removal, trash removal; and any increases in costs resulting from government-mandated wage increases. Non-Controllable Operating Expenses that in aggregate or cumulatively, exceeds 3%, Landlord shall notify Tenant of increase. If ▇▇▇▇▇▇ believes that any Operating Statement includes charges that are not permitted pursuant to this Lease or contains an error, in calculation or otherwise, then within one hundred eighty (180) days after receipt of such statement, Tenant may provide Landlord with a written statement requesting to audit ▇▇▇▇▇▇▇▇'s books and records with respect to Operating Expenses.
Non-Controllable Operating Expenses means (A) expenses for property, liability and other insurance coverages carried by Landlord, including deductibles and an allocation of a portion of the cost of blanket insurance policies, if any, maintained by Landlord and/or its affiliates; (B) Tax Expenses, (C) utility costs (including, but not limited to electrical, telecommunication, water, sewer, and gas costs), (D) license, permit, and inspection fees, (E) costs resulting from increases in the minimum wage under Applicable Laws, (F) costs resulting from a force majeure event, (G) management fees (which percentage is capped pursuant to Paragraph 7(b)), (H) costs resulting from a change in Applicable Law occurring after the Date of Lease, and (I) repair and maintenance costs. 8.
Non-Controllable Operating Expenses means utility charges, insurance premiums and expenses resulting directly from governmental action so long as they otherwise qualify as Operating Expenses. Upon request, Landlord agrees to furnish Tenant reasonably suitable documentary evidence of any increases included in Non-Controllable Operating Expenses. There shall be no limitation on increases in Tenant’s Share of Non-Controllable Operating Expenses and there shall be no automatic or minimum increases in Non-Controllable Operating Expenses. The following examples will serve to illustrate the meaning of the word “cumulative” as applied to capped increases on Controllable Operating Expenses or “▇▇▇”: suppose calendar year 2005 ▇▇▇ increases over Base Year 2004 ▇▇▇ were 2.5%, calendar year 2006 ▇▇▇ increases over Base Year 2004 ▇▇▇ were 3.5% and calendar year 2007 ▇▇▇ increases over Base Year 2004 ▇▇▇ were 6.5% and calendar year 2008 ▇▇▇ increases over Base Year 2004 ▇▇▇ were 3.75%. Since actual ▇▇▇ increases in 2005 and 2006 would be below the four percent (4%) cap, Tenant would be responsible only for actual increases but the cumulative differences between the cap and actual increases would be two percent (2%) (1-1/2% in 2005 and .5% in 2006). Landlord could add the two percent (2%) cumulative differences to the four percent (4%) cap in 2007 so Tenant’s Share of ▇▇▇ increases in that calendar year would be capped at six percent (6%). In 2008, Tenant would be responsible only for actual increases (amounting to 3.75%) and Landlord would be entitled to carry forward the difference between the cap and actual of .25% to a subsequent Comparison Year.
Non-Controllable Operating Expenses means Taxes, Utility Charges, Insurance Premiums and costs and expenses paid by Landlord pursuant to prevailing union wage rates and benefits included in amounts paid by Landlord for Building janitorial services;
Non-Controllable Operating Expenses means real estate taxes, utilities, costs for snow and ice removal, property insurance premiums, and the costs incurred by reason of Legal Requirements enacted after the Lease Commencement Date that materially affect the amount of the Operating Expenses. Within 90 days after the end of each calendar year (or such longer period as may be reasonably required), Landlord shall furnish to Tenant a statement (an “Annual Statement”) showing in reasonable detail: (a) the total and Tenant’s Share of actual Operating Expenses for the previous calendar year, and (b) the total of Tenant’s payments in respect of Operating Expenses for such year. If Tenant’s Share of actual Operating Expenses for such year exceeds Tenant’s payments of Operating Expenses for such year, the excess shall be due and payable by Tenant as Rent within 30 days after delivery of such Annual Statement to Tenant. If Tenant’s payments of Operating Expenses for such year exceed Tenant’s Share of actual Operating Expenses for such year Landlord shall pay the excess to Tenant within 30 days after delivery of such Annual Statement, except that after the expiration, or earlier termination of the Term or if Tenant is delinquent in its obligation to pay Rent, Landlord shall pay the excess to Tenant after deducting all other amounts due Landlord. The Annual Statement shall be final and binding upon Tenant unless Tenant, within 90 days after Tenant’s receipt thereof, shall contest any item therein by giving written notice to Landlord, specifying each item contested and the reason therefor. If, during such 90 day period, Tenant in good faith questions or contests the accuracy of Landlord’s statement of Tenant’s Share of Operating Expenses, Landlord will provide Tenant with access to Landlord’s books and records relating to the operation of the Project and such information as Landlord reasonably determines to be responsive to Tenant’s questions (“Expense Information”). If after Tenant’s review of such Expense Information, Landlord and Tenant cannot agree upon the amount of Tenant’s Share of Operating Expenses, then Tenant shall have the right to have an independent public accounting firm selected by Tenant from among the 5 largest in the United States, working pursuant to a fee arrangement other than a contingent fee (at Tenant’s sole cost and expense), audit and/or review the Expense Information for the year in question (“Independent Review”). The results of any such Independent Review shall be binding on La...
Non-Controllable Operating Expenses means the costs and expenses related to snow and ice removal, unusual weather related expenses, security, Landlord’s insurance costs, fuel and utility charges. Non-Controllable Operating Expenses shall be excluded from the Operating Expense Cap and Tenant shall pay its full Proportionate Share of Non-Controllable Operating Expenses, regardless of any Operating Expense Cap. In the event Tenant exercises a Renewal Option, Tenant’s Proportionate Share of Operating Expenses for the first Lease Year of such Renewal Term shall be its full Proportionate Share of Operating Expenses, without any Operating Expense Cap being applied. Thereafter, the Operating Expense Cap shall be applied as set forth in this section.