Pro Rata Share of Operating Costs. Tenant's pro rata share of Operating Costs is stated in Section 1.7 and represents the ratio of the Rentable Square Footage of the Premises (identified in Section 1.2) to the total Rentable Square Footage of the Building, as determined by Landlord from time to time. Changes in Rentable Square Footage shall be effective on the first day of the first calendar month following the change. Tenant's share of Real Property Taxes, insurance costs and other components of Additional Rent shall be computed on the same basis as Tenant's Pro Rata Share of Operating Costs, unless Landlord determines that some other basis would be equitable. In the event the Building is not fully occupied during any year or in the event all of the Building is not provided with standard services during any year, an adjustment shall be made by Landlord in computing Operating Costs for such year so that Operating Costs shall be computed as though 95% of the Building had been occupied and 95% of the Building had been provided with standard services during such year (or such Operating Costs shall be computed in accordance with actual occupancy or actual provision of standard services if such respective amounts shall exceed 95%); provided, however, that in no event shall the aggregate amount of Operating Costs collected by Landlord from all tenants in the Building exceed the actual Operating Costs for said year. Additionally, if any item of the Common Facilities exclusively serves the Premises (such as the elevators for so long as Tenant is the sole occupant of the second floor of the Building), then Tenant"s Pro Rata Share of such items shall be 100%.
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Sources: Standard Industrial Net Lease (Avanir Pharmaceuticals)
Pro Rata Share of Operating Costs. Sub-Tenant's ’s pro rata share of Operating Costs is stated in Section 1.7 and represents the ratio of the Rentable Square Footage of the Sub-Premises (identified in Section 1.2) to the total Rentable Square Footage of the Building, as determined by Sub-Landlord from time to time. Changes in Rentable Square Footage shall be effective on the first day of the first calendar month following the change. Sub-Tenant's ’s share of Real Property Taxes, insurance costs and other components of Additional Rent shall be computed on the same basis as Sub-Tenant's ’s Pro Rata Share of Operating Costs, unless Sub-Landlord determines that some other basis would be equitable. In the event the Building is not fully occupied during any year or in the event all of the Building is not provided with standard services during any year, an adjustment shall be made by Sub-Landlord in computing Operating Costs for such year so that Operating Costs shall be computed as though 95% of the Building had been occupied and 95% of the Building had been provided with standard services during such year (or such Operating Costs shall be computed in accordance with actual occupancy or actual provision of standard services if such respective amounts shall exceed 95%); provided, however, that in no event shall the aggregate amount of Operating Costs collected by Sub-Landlord from all tenants Sub-Tenants in the Building exceed the actual Operating Costs for said year. Additionally, if any item of the Common Facilities exclusively serves the Premises (such as the elevators for so long as Tenant is the sole occupant of the second floor of the Building)Sub-Premises, then Tenant"s Sub-Tenant’s Pro Rata Share of such items shall be 100%.
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