Costs of Operation - Adjustments Sample Clauses

The 'Costs of Operation - Adjustments' clause defines how operational costs are reviewed and modified over time within an agreement. Typically, this clause outlines the process for recalculating expenses such as utilities, maintenance, or other ongoing costs, often based on actual usage, changes in market rates, or periodic audits. Its core function is to ensure that the allocation of operational costs remains fair and accurate, preventing disputes and reflecting true expenses as circumstances change.
Costs of Operation - Adjustments. If less than 100% of the Rentable Area of the Building is occupied and fully serviced during any period in a Lease Year, then the Costs of Operation for such Lease Year shall be adjusted to what the Costs of Operation would have been as if 100% of the Rentable Area of the Building had been occupied and fully serviced throughout such Lease Year.
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Costs of Operation - Adjustments. If during any period in the Base Year or a Comparison Year less than ninety-five percent of the rentable area of the Building is occupied and fully serviced, the Costs of Operation for such period shall be adjusted to what the Costs of Operation would have been if ninety-five percent of the Rentable Area of the Building had been occupied and fully serviced throughout the Base Year or the Comparison Year.
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Costs of Operation - Adjustments. Costs of Operation shall be calculated in accordance with GAAP, consistently applied. If during any period in the Base Year or a Comparison Year the Building is not both ninety-five percent (95%) occupied and fully serviced by Landlord, the Costs of Operation which vary with occupancy for such year shall be adjusted to what they would have been if ninety-five percent (95%) of the Building had been occupied and fully serviced throughout such year, as estimated in good faith by Landlord. Further, Landlord shall not collect from Tenants of the Building more than one hundred percent (100%) of the actual Costs of Operation or Taxes incurred by Landlord during any Comparison Year. ▇▇▇▇▇▇▇▇ further agrees to calculate the management fee for the Building in the Base Year assuming that the Building is 95% leased, with all tenants paying rent.
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Costs of Operation - Adjustments. Costs of Operation shall be calculated in accordance with Generally Accepted Accounting Principles (GAAP), consistently applied. If during any period in the Base Year or a Comparison Year the Building is not 95% occupied, the Costs of Operation which vary with occupancy for such year shall be adjusted to what they would have been if 95% of the Building had been occupied throughout such year, as estimated in good faith by Sublandlord. Sublandlord further agrees to calculate the management fee for the Building in the Base Year assuming that the Building is 95% leased, with all tenants paying rent.
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Related to Costs of Operation - Adjustments

  • Compensation Adjustments Any compensation agreed to hereunder may be adjusted from time to time by mutual agreement by attaching revised Schedules A or B to this Agreement.

  • Capitalization Adjustments The number of Shares subject to the Option and the exercise price per Share shall be equitably and appropriately adjusted as provided in Section 12.2 of the Plan.

  • Inflation Adjustment Partner acknowledges and agrees that for each successive year after the first school year of Services and Software, eLuma may determine at its discretion to raise all Fees each year at the most recent annual rate of inflation, rounded to the nearest half dollar ($0.50) as defined here, or any other U.S. Government URL outlining such increases: ▇▇▇▇://▇▇▇▇.▇▇▇.▇▇▇/timeseries/CUUR0000SAM?output_view=pct_12mths

  • Certain Adjustments The Exercise Price and number of Warrant Shares issuable upon exercise of this Warrant are subject to adjustment from time to time as set forth in this Section 9.

  • Anti-Dilution Adjustments The number of shares issuable upon conversion of this Debenture and the Conversion Price shall be subject to adjustment as follows: (a) In case the Company shall (i) pay a dividend or make a distribution on its common stock in additional shares or other securities, (ii) subdivide its outstanding common stock into a greater number of shares, (iii) combine its outstanding shares into a smaller number of shares or (iv) issue, by reclassification of its shares, any other securities of the Company (including any such reclassification in connection with a consolidation or merger in which the Company is the continuing entity), the number of share issuable upon conversion of this Debenture immediately prior thereto shall be adjusted so that the Holder shall be entitled to receive the kind and number of Conversion Shares, and other securities of the Company which such Holder would have owned or would have been entitled to receive immediately after the happening of any of the events described above, had the Debenture been converted immediately prior to the happening of such event or any record date with respect thereto. Any adjustment made pursuant to this subsection 6(a) shall become effective immediately after the effective date of such event. (b) In case the Company shall issue rights, options, warrants or convertible securities to holders of its shares, for no consideration, containing the right to subscribe for or purchase shares of common stock, the number of Conversion Shares thereafter issuable upon the conversion of this Debenture shall be determined by multiplying the number of Conversion Shares theretofore issuable upon conversion of this Debenture by a fraction, of which the numerator shall be the number of shares outstanding immediately prior to the issuance of such rights, options, warrants or convertible securities plus the number of additional shares offered for subscription or purchase, and of which the denominator shall be the number of shares outstanding immediately prior to the issuance of such rights, options, warrants or convertible securities. Such adjustment shall be made whenever such rights, options, warrants or convertible securities are issued, and shall become effective immediately upon issuance of such rights, options, warrants or convertible securities. In the event of such adjustment, corresponding adjustments shall be made to the Conversion Price. (c) In case the Company shall distribute to holders of its common shares evidences of its indebtedness or assets (excluding cash dividends or distributions out of current earnings made in the ordinary course of business consistent with past practices), then in each case the number of Conversion Shares thereafter issuable upon the conversion of this Debenture shall be determined by multiplying the number of Conversion Shares theretofore issuable upon conversion of this Debenture by a fraction, of which the numerator shall be the then Market Price (as defined below) on the date of such distribution, and of which the denominator shall be such Market Price on such date minus the then fair value (determined as provided in subsection 6(f) below) of the portion of the assets or evidences of indebtedness so distributed applicable to one share. Such adjustment shall be made whenever any such distribution is made and shall become effective on the date of distribution. In the event of any such adjustment, the number of Conversion Shares shall also be adjusted and shall be that number determined by multiplying the number of shares issuable upon exercise before the adjustment by a fraction, the numerator of which shall be the Conversion Price in effect immediately before the adjustment and the denominator of which shall be the Conversion Price as so adjusted. (d) If the Company shall at any time while this Debenture is outstanding issue shares (including additional shares deemed to be issued upon conversion of any convertible security, but excluding shares issued as a dividend or distribution or upon a stock split or combination which is otherwise provided for in Section 6(a) above, or upon the issuance of options or warrants for no consideration which is otherwise provided for in Section 6(b) above) either without consideration, or for a consideration per share less than the Conversion Price in effect on the date of and immediately prior to such issue, then and in such event, the Conversion Price shall be reduced by a full ratchet anti-dilution adjustment to such lesser price (calculated to the nearest cent). For purposes of this Section 6(d), the consideration received by the Company for the issue of any additional shares shall be computed as follows: