Common use of Determining Operating Costs Clause in Contracts

Determining Operating Costs. Notwithstanding anything to the contrary, in determining Operating Costs for any calendar year, Lease Year or other relevant year, if during that period less than all of the area held for lease by Landlord in the Project is leased and occupied by tenants, then the Operating Costs for that period that vary with occupancy will be deemed to be equal to those that Landlord would have incurred if the Project had been fully leased and occupied for that period, as reasonably determined by Landlord. Landlord will not, by operation of this clause, collect more than its actual Operating Costs for that period.