Share of Operating Expenses Clause Samples

Share of Operating Expenses. If Tenant fails to properly maintain and/or repair the Premises as herein provided following Landlord's notice and the expiration of the applicable cure period (or earlier if Landlord determines that such work must be performed prior to such time in order to avoid damage to the Premises or Building or other detriment), then Landlord may elect, but shall have no obligation, to perform any repair or maintenance required hereunder on behalf of Tenant and at Tenant's expense, and Tenant shall reimburse Landlord upon demand for all costs incurred upon submission of an invoice.

Share of Operating Expenses. For and with respect to each calendar year of the term of this Lease (and any renewals or extensions thereof) there shall accrue, as additional rent, the amount, if any, by which Tenant's Share of Operating Expenses for such calendar year exceeds Tenant's Share of Operating Expenses for the Base Year. Such additional rent shall be prorated on a per-diem basis for any partial calendar year. Such additional rent for any calendar year is hereinafter referred to as the "Operating Expense Increase," and one-twelfth of such amount is hereinafter referred to as the "Monthly Increase."

Share of Operating Expenses. On the first day of the first calendar month (but in no event sooner than ten [10] days) following delivery of the Expense Statement to Tenant, Tenant shall pay to Landlord the Final Adjustment Amount for Taxes and the Final Adjustment Amount for Operating Expenses, each as calculated as set forth in the Expense Statement. If any Final Adjustment Amount is a negative quantity, then Landlord shall credit Tenant with the amount thereof against the next payment of Minimum Rent due by Tenant hereunder, except that with respect to the last year of the Lease, if an Event of Default does not then exist, Landlord shall refund Tenant the amount of such payment in respect of the Final Expense Adjustment within thirty (30) days after Landlord provides the Expense Statement for such final year of the Lease. In no event, however, shall Tenant be entitled to receive a credit greater than the payments made by Tenant as payments of Tenant’s Estimated Share of Taxes or Tenant’s Estimated Share of Operating Expenses, respectively, for the calendar year to which such Final Adjustment Amount relates.

Share of Operating Expenses. If Tenant elects to provide any service or utility to the Premises, Tenant shall be required to provide such service or utility in a first-class manner. If Tenant fails to do so, Landlord shall have the right to commence, once again, providing such service or utility to the Premises and including the costs thereof in the calculation of Tenant's Proportionate Share of Operating Expenses. If, after Landlord has transferred the Building, Fair Lakes IV and Fair Lakes VI to an entity that is not related in any manner with Landlord, Tenant is leasing one hundred percent (100%) of the Rentable Area in the Building, Fair Lakes IV and Fair Lakes VI, Tenant determines in its reasonable discretion that the Building, Fair Lakes IV and Fair Lakes VI are not being managed in a first-class manner, then Tenant shall have the right to assume the management responsibilities for the Building, provided that the Building must be managed in a first-class manner in accordance with a maintenance and service schedule to be mutually agreed to by Tenant and Landlord. If Tenant assumes the management of the Building, the management fee shall not be included for purposes of calculating Tenant's Proportionate Share of Operating Expenses. If, in Landlord's reasonable discretion, Landlord determines that Tenant is not managing the Building in a first-class manner, then Landlord shall, once again, assume the responsibilities for managing the Building and shall include the management fee for purposes of calculating Tenant's Proportionate Share of Operating Expenses. Upon sixty (60) days prior written notice to Landlord, Tenant also may require Landlord to bid out major contracts for Operating Expenses.

Share of Operating Expenses. 19.74%” Notwithstanding anything to the contrary contained herein, Tenant shall not be required to pay Operating Expenses with respect to the Expansion Premises for the period commencing on the Expansion Premises Commencement Date through the day immediately preceding the Expansion Premises Rent Commencement Date (during which time Tenant’s Share of Operating Expenses shall continue to be 10.04%). Tenant shall commence paying Base Rent with respect to the Expansion Premises on the Expansion Premises Rent Commencement Date. For the avoidance of doubt, Tenant shall not be responsible for Operating Expenses incurred with respect to the Expansion Premises prior to the Expansion Premises Rent Commencement Date and in no event shall Operating Expenses payable with respect to the Expansion Premises include the original construction costs of the Project and renovation prior to the Expansion Premises Commencement Date and costs of correcting defects in such original construction or renovation.

Share of Operating Expenses. In the event Landlord's accountant and Tenant's accountant are unable to reconcile their audits, both accountants shall mutually agree upon a third accountant, whose determination of Tenant's Pro Rata Share of Operating Expenses shall be conclusive. In the event the amount of error by Landlord is determined to be ten percent (10%) or more, the reasonable costs of the three audits made pursuant to this subparagraph shall be paid by Landlord. In the event the amount of error by Landlord is determined to be less than ten percent (10%), the reasonable costs of the three audits made pursuant to this subparagraph shall be paid by Tenant.

Share of Operating Expenses. 100% For the avoidance of doubt, Tenant shall continue paying Operating Expenses as required under the Lease with respect to the Existing Premises and shall commence paying Operating Expenses with respect to the Second Expansion Premises on the Second Expansion Premises Commencement Date.

Share of Operating Expenses. In no event shall Tenant ever be entitled to a credit with respect to any calendar year in excess of the additional rental payments made under this paragraph with respect to such calendar year. If the Commencement Date of this Lease is not the first day of a calendar year or the expiration or termination date of this Lease is not the last day of a calendar year, then Tenant's Share of Operating Expenses with

Share of Operating Expenses. If during any Lease Year the Estimated Escalation Increase is less than the Estimated Escalation Increase for the previous Lease Year on which Tenant's share of Operating Expenses were based for said year, such Additional Rent payments, attributable to Estimated Escalation Increase, to be paid by Tenant for the new Lease Year shall be decreased accordingly; provided, however, in no event will the Rent paid by Tenant hereunder ever be less than the Monthly Rent, its Pro Rata Share of the Operating Expenses Base, plus all other amounts of Additional Rent. As soon as practicable following the end of each Lease Year during the initial Lease Term, or any extension thereof, including the first Lease Year, Landlord shall submit to Tenant a statement prepared by Landlord, setting forth the Estimated Escalation Increase, if any. Beginning with the second Lease Year, the statement shall also set forth the Escalation Reconciliation for the Lease Year just completed. To the extent that the Operating Expense Escalation is different from the Estimated Escalation Increase upon which Tenant paid Rent during the Lease Year just completed, Tenant shall pay Landlord the difference in cash within thirty (30) days following receipt by Tenant of such statement from Landlord, or receive a credit on the next payment of Rent owing hereunder as the case may be. Until Tenant receives such statement, Tenant's Rent for the new Lease Year shall continue to be paid at the rate being paid for the particular Lease Year just completed, but Tenant shall commence payment to Landlord of the monthly installment of Additional Rent on the basis of said statement beginning on the first day of the month following the month in which Tenant receives such statement. In addition to the above, if, during any particular Lease Year, there is a change in the information on which Landlord based the estimate upon which Tenant is then making its estimated payment of Operating Expenses so that such Estimated Escalation Increase furnished to Tenant is no longer accurate, Landlord shall be permitted to revise such Estimated Escalation Increase by notifying Tenant, and there shall be such adjustments made in the Additional Rent on the first day of the month following the serving of such statement on Tenant as shall be necessary by either increasing or decreasing, as the case may be, the amount of Additional Rent then being paid by Tenant for the balance of the Lease Year (but in no event shall any such decrease ...