Common use of Allocation of Operating Expenses Clause in Contracts

Allocation of Operating Expenses. If at any time during the Term -------------------------------- less than ninety-five percent (95%) of the then current Rentable Area of the Building is occupied by tenants, at Landlord's option those components of Operating Expenses which vary with occupancy shall be adjusted to reflect the Operating Expenses as though the Building had been 95% occupied during such period. Such adjustment shall be made on a pro rata basis over the occupied Rentable Area of the Building, based on both the comparative Rentable Areas of the occupied premises and the portion of such Calendar Year during which such premises were occupied. Operating Expenses which do not vary with occupancy, such as public liability insurance, lobby maintenance and heating and air conditioning costs, will continue to be allocated on a pro rata basis over the Rentable Area of the Building whether or not occupied and Tenant shall only be responsible for its Proportionate Share of such Operating Expenses.

Allocation of Operating Expenses. If at any time during the Term -------------------------------- less than ninety-five one hundred percent (95100%) of the then current Rentable Area of the Building is occupied by tenants, at Landlord's option option, those components of Operating Expenses which vary with occupancy shall be adjusted to reflect the removed from general Operating Expenses as though and allocated to the portion of the Building had been 95% which is actually occupied during by tenants and generating such periodcomponents of Operating Expenses. Such adjustment special allocation shall be made on a pro rata basis over the occupied Rentable Area of in the Building, based on both the comparative Rentable Areas of the occupied premises and the portion of such Calendar Year during which such premises were occupied. Operating Expenses which do not vary with occupancy, such as public liability insurance, insurance and lobby maintenance and heating and air conditioning costsmaintenance, will continue to be allocated on a pro rata basis over the Rentable Area of the Building whether or not then occupied and Tenant shall only be responsible for its Proportionate Share of such Operating Expenses.