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Fill and Sign the Sample Gross Up Clause that Should Be Used in a Base Year Form

Fill and Sign the Sample Gross Up Clause that Should Be Used in a Base Year Form

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19.03[4][i]a Sample Gross-up Clause that Should be Used in a Base Year Lease If the Building is not at least 95% occupied during all or a portion of any Lease Year, including the Base Year, then Landlord shall make an appropriate adjustment in accordance with industry standards of the Building Operating Costs for each such Lease Year and Base Year to determine what the Building Operating Costs would have been for such year as if the Building had been 95% occupied, and the amount so determined shall be deemed to be the amount of Building Operating Costs for the year. Such adjustment shall be made by Landlord by increasing those costs included in the Building Operating Costs which according to industry practice vary based on the level of occupancy of the Building. Any cost incurred in subsequent years and not included in the Base Year shall be added to and included in the Base Year, grossed up as applicable, as if the cost was incurred and/or paid in the Base Year. In the event any portion of the Building is covered by a warranty at any time during the Base Year, Building Operating Expenses for the Base Year shall be deemed increased by such amount as Landlord would have incurred during the Base Year with respect to the items or matters covered by the subject warranty had such warranty not been in effect at the time during the Base Year.

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