Adjustment of Operating Costs Clause Samples

Adjustment of Operating Costs. In computing Operating Costs, if less than one hundred percent (100%) of the Rentable Area of the Building is completed or occupied during any period for which a computation must be made, the items of Operating Costs which vary with the extent of the occupancy percentage and/or use of leasable premises in the Building, (including without limitation, cleaning costs, refuse removal costs and utilities costs) shall be increased to such an amount as, in the reasonable estimate of the Landlord, would be incurred if one hundred percent (100%) of the Rentable Area of the Building was occupied during that period. Such adjustment shall not increase the Tenant’s Proportionate Share of Operating Costs.

Adjustment of Operating Costs. Operating Costs shall be adjusted as follows:

Adjustment of Operating Costs. Notwithstanding any contrary provisions of this Lease, if, at any time during an Accounting Period, the Project is not one hundred percent (100%) occupied and operational, the Landlord shall have the right to increase those items of Operating Costs which vary with the extent of the occupancy or use of the rentable premises in the Project (including, without limitation, cleaning costs, supplies and garbage removal) to such an amount, as in the reasonable estimation of the Landlord, would have been incurred if the Project were one hundred percent (100%) occupied and operational for the entire Accounting Period and the amount of such increase shall be included in the Operating Costs. In no event however, shall the Tenant have to pay an amount higher than it would have paid if the Project had been fully occupied and operational.

Adjustment of Operating Costs. Notwithstanding paragraph 3(c) above, in computing Operating Costs: (i) where the Landlord determines, acting reasonably but in its sole discretion, that any item(s) of Operating Costs are provided only to or for the benefit of a portion of the Building, then the Landlord shall be entitled, but not obligated, to allocate the cost of those item(s) over such portion of the Building and adjust the Tenant's Operating Cost payment based on such allocation; (ii) if the Building is comprised of different categories of leaseable premises, the Landlord shall be entitled, but not obligated, to allocate Operating Costs among the various categories on the basis of such factors as the Landlord determines to be relevant and to adjust the Tenant's Operating Cost payment based on such allocation; and (iii) those items of Operating Costs which vary with the use and occupancy of rentable premises in the Building shall be adjusted and calculated as if the Building were one hundred percent (100%) occupied and operational for the entire operating year so that those items of Operating Costs shall be adjusted to what they would have been in the Landlord's reasonable estimation if the Building were one hundred percent (100%) occupied and operational for the entire operating year.

Adjustment of Operating Costs. (a) Where Landlord determines, acting reasonably but in its sole discretion, that any items(s) of Operating Costs are provided only to or for the benefit of a portion of the Building, then Landlord shall be entitled, but not obligated, to allocate the cost of those item(s) over such portion of the Building and adjust Tenant’s Operating Cost payment based on such allocation; (b) if the Building is comprised of different categories of leaseable premises, Landlord shall be entitled, but not obligated, to allocate Operating Costs among the various categories on the basis of such factors as Landlord determines to be relevant and to adjust Tenant’s Operating Cost payment based on such allocation; and (c) if any facilities, services or utilities: (i) for the operation, administration, management, repair and maintenance of the Building are provided from another building or other buildings owned or operated by Landlord or its manager; (ii) for the operation, administration, management, repair and maintenance of another building or other buildings owned or operated by Landlord or its manager are provided from the Building; or (iii) are otherwise shared between the Building and another building or other buildings, the costs, charges and expenses of such items shall be allocated by Landlord, between the Building and other building or buildings on an equitable basis.

Adjustment of Operating Costs. In computing Operating Costs, if less than one hundred percent (100%) of the Rentable Area of the Building is completed or occupied during any period for which a computation must be made the amount of Operating Costs will be increased by the amount of the additional costs determined by the Landlord, acting reasonably, that would have been incurred had one hundred percent (100%) of the Rentable Area of the Building been completed or occupied during that period. In addition, if the Landlord enters into agreements with any tenants of the Building whereby such tenants perform any cleaning, maintenance or other work or services the cost of which, but for such agreement with the Landlord, would have been incurred by the Landlord directly and included in Operating Costs, the Landlord in computing Operating Costs may include a reasonable amount determined by the Landlord from time to time of such costs to the extent that the Landlord's costs for cleaning, maintenance and similar services for the Building as a whole are not proportionally reduced by such arrangements with tenants.