Common use of Operating Clause in Contracts

Operating. If, in any calendar year, the Operating Expenses for the Property of which the Premises are a part, are in excess of the amount of the Base Operating Expenses, LESSEE will pay to LESSOR, as additional rent hereunder, when and as designated within thirty (30) days after notice in writing by LESSOR, the amount of the excess multiplied by the Escalation Factor. Operating expenses are defined for the purposes of this agreement as: The aggregate costs or expenses reasonably incurred by LESSOR with respect to the operation, administration, cleaning, repair, maintenance and management of the premises including, without limitation, those items designated as "included" in Exhibit C and also excluding those items designated as "Excluded" on Exhibit C attached hereto. Any such accounting by LESSOR shall be binding and conclusive upon LESSEE unless within sixty (60) days after the giving by LESSOR of such accounting, LESSEE shall notify LESSOR that LESSEE disputes the correctness of such accounting, specifying the particular respects in which the accounting is claimed to be incorrect.

Appears in 1 contract

Sources: Commercial Lease (Viant Corp)

Operating. If, in any calendar year, the Operating Expenses for the Property of which the Premises are a part, are in excess of the amount of the Base Operating Expenses, LESSEE will pay to LESSOR, as additional rent hereunder, when and as designated within thirty (30) days after of receiving notice in writing by LESSOR, the amount of the excess multiplied by the Escalation Factor. Operating expenses Expenses are defined for the purposes of this agreement as: The aggregate costs or expenses reasonably incurred by LESSOR with respect to the operation, administration, cleaning, repair, maintenance and management of the premises including, without limitation, those items designated as enumerated in "includedExhibit C" in Exhibit C attached hereto and also excluding those items designated shown as "Excluded" exclusions on Exhibit C attached hereto. C. Any such accounting by LESSOR shall be binding and conclusive upon LESSEE unless within sixty thirty (6030) days after the that giving by LESSOR of such accounting, LESSEE shall notify LESSOR that LESSEE disputes the correctness of such accounting, specifying the particular respects in which the accounting is claimed to be incorrect.

Appears in 1 contract

Sources: Commercial Lease (Paperexchange Com Inc)

Operating. If, in any calendar year, the Operating Expenses for the Property of which the Premises are a part, are in excess of the amount of the Base Operating Expenses, LESSEE will pay to LESSOR, as additional rent hereunder, when and as designated within thirty (30) days after by notice in writing by LESSOR, the amount of the excess multiplied by the Escalation Factor. Operating expenses are defined for the purposes of this agreement as: The aggregate costs or expenses reasonably incurred by LESSOR with respect to the operation, administration, cleaning, repair, maintenance and management of the premises including, without limitation, those items designated as enumerated in "includedExhibit C" in Exhibit C and also excluding those items designated as "Excluded" on Exhibit C attached hereto. LESSOR agrees to provide LESSEE with a reasonably detailed statement of Actual Operating Expenses within 270 days after the end of each Fiscal Year. Any such accounting by LESSOR shall be binding and conclusive upon LESSEE unless within sixty (60) days after the that giving by LESSOR of such accounting, LESSEE shall notify LESSOR that LESSEE disputes the correctness of such accounting, specifying the particular respects in which the accounting is claimed to be incorrect.

Appears in 1 contract

Sources: Commercial Lease (Inso Corp)