Calculation of Excess Clause Samples
The 'Calculation of Excess' clause defines the method for determining the amount by which a particular value, such as a loss or liability, exceeds a specified threshold or deductible. In practice, this clause outlines the formula or process for calculating the excess, often specifying which amounts are included or excluded and how the calculation is to be performed in various scenarios. Its core function is to ensure clarity and consistency in how excess amounts are determined, thereby preventing disputes and allocating financial responsibility between the parties.
Calculation of Excess. If Tenant's Share of Direct --------------------- Expenses for any Expense Year ending or beginning within the Lease Term exceeds Tenant's Share of the amount of Direct Expenses applicable to the Base Year, Tenant shall pay as Additional Rent to Landlord an amount equal to that excess (the "Excess"), in the manner stated below.
Calculation of Excess. For every Expense Year ending or --------------------- commencing within the Lease Term, Tenant shall pay to Landlord, in the manner set forth in Section 4.4.2, below, and as Additional Rent, an amount equal to Tenant's Share of Project Expenses for such Expense Year in excess of Tenant's Share of Project Expenses for the Base Year (the "Excess").
Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, (i) Tenant's Share of Operating Expenses allocated to the Building pursuant to Section 4.3.4 below for such Expense Year exceeds Tenant's Share of Operating Expenses allocated to the Building for the Expense Base Year and/or (ii) Tenant's Share of Tax Expenses allocated to the Building pursuant to Section 4.3.4 below for such Expense Year exceeds Tenant's Share of Tax Expenses allocated to the Building for the Tax Expense Base Year, and/or (iii) Tenant's Share of Utilities Costs allocated to the Building pursuant to Section 4.3.4 below for such Expense Year exceeds Tenant's Share of Utilities Costs allocated to the Building for the Utilities Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to such excess (the "Excess").
Calculation of Excess. If Operating Expenses for any Expense Year (other than the Base Year) ending or beginning within the Lease Term exceeds the amount of Operating Expenses applicable to the Base Year, Tenant shall pay as Additional Rent to Landlord an amount equal to Tenant’s Share of that excess, in the manner stated below.
Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Tenant's Share of Direct Expenses for such Expense Year exceeds Tenant's Share of Direct Expenses for the Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.4.2, below, and as Additional Rent, an amount equal to the excess (the "Excess").
Calculation of Excess. If Tenant’s Share of Building Allocated Operating Expenses for any Expense Year, commencing with the Expense Year immediately following the Base Year, exceeds Tenant’s Share of the amount of Building Allocated Operating Expenses applicable to the Base Year (with Building Allocated Operating Expenses for the Base Year being annualized), Tenant shall pay as Additional Rent to Landlord an amount equal to that excess (the “Excess”) in the manner stated in Sections 5.3.2(b) and (c) below.
Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, (i) Tenants Building Share of Building Operating Expenses for such Expense Year exceeds Tenant's Building Share of Building Operating Expenses for the Expense Base Year and/or (ii) Tenants Project Share of Project Operating Expenses for such Expense Year exceeds Tenants Project Share of Project Operating Expenses for the Expense Base Year and/or (iii) Tenant's Project Share of Tax Expenses for such Expense Year exceeds Tenants Project Share of Tax Expenses for the Tax Expense Base Year, and/or (iv) Tenant's Building Share of Building Utilities Costs for such Expense Year exceeds Tennis Building Share of Building Utilities Costs for the Utilities Base Year, and/or (v) Tenants Project Share of Project Utilities Costs for such Expense Year exceeds Tenants Project Share of Project Utilities Costs for the Utilities Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 432, below, and as Additional Rent, an amount equal to -each such applicable excess (collectively, the "Excess"); provided, however, that in no event shall Tenant be liable for any excess during the Base Rent Abatement Period.
Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, (i) Tenant’s Share of Operating Expenses for such Expense Year exceeds Tenant’s Share of Operating Expenses for the Expense Base Year and/or (ii) Tenant’s Share of Tax Expenses for such Expense Year exceeds Tenant’s Share of Tax Expenses for the Tax Expense Base Year, and/or (iii) Tenant’s Share of Utilities Costs for such Expense Year exceeds Tenant’s Share of Utilities Costs for the Utilities Base Year, then Tenant shall pay to Landlord, in the manner set forth in Section 4.3.2, below, and as Additional Rent, an amount equal to such excess (the “Excess”).
Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, ▇▇▇▇▇▇'s Share of Project Expenses allocated to the tenants of the Building pursuant to Section 4.3 above for such Expense Year exceeds Tenant's Share of the Project Expenses paid by ▇▇▇▇▇▇, then Tenant shall pay to Landlord, in the manner set forth in Section 4.4.2, below, and as Additional Rent, an amount equal to Tenant's Share.
Calculation of Excess. If for any Expense Year ending or commencing within the Lease Term, Lessee’s Share of Direct Expenses for such Expense Year exceeds Lessee’s Share of the amount of Direct Expenses applicable to the Base Year, then Lessee shall pay to Lessor, in the manner set forth in Section 4.4.2, below, and as Additional Rent, an amount equal to the excess (the “Excess”).