This office lease clause states the conditions under which the landlord can and can not furnish any particular item(s) of work or service which would constitute an expense to portions of the Building during the comparative year.
The Alabama Clause for Grossing Up the Tenant Proportionate Share is a legal provision commonly included in commercial leases to address the allocation and calculation of operating expenses and taxes among tenants in multi-tenant buildings. In simpler terms, it determines how the expenses of operating the building and taxes will be shared among the tenants. The purpose of the Alabama Clause for Grossing Up the Tenant Proportionate Share is to ensure fairness and consistency in allocating expenses to the tenants based on their proportionate share of the rentable square footage of the building. This clause typically consists of several key elements that outline the specific details and procedures. Firstly, the Alabama Clause may establish the definition of "Tenant Proportionate Share." This typically refers to the ratio of the tenant's rentable square footage to the total rentable square footage of the building. For example, if a tenant occupies 1,000 square feet in a 10,000 square foot building, their Tenant Proportionate Share would be 10%. The clause may also specify the types of expenses that are subject to grossing up. Common expenses may include real estate taxes, building insurance, common area maintenance charges, utilities, and other operating expenses necessary for the upkeep and operation of the building. Furthermore, the Alabama Clause may describe the method of calculation for grossing up the expenses. Grossing up refers to adjusting the expenses to account for any vacant or unleashed spaces in the building. This ensures that the burden of expenses is not unfairly distributed among the occupied units. It is common for the grossing up calculation to be based on the potential rental income if all units were leased. Different types of Alabama Clauses for Grossing Up the Tenant Proportionate Share may exist depending on variations in specific lease agreements and market practices. Some clauses may include provisions for expense caps, which limit the amount of expenses that can be passed on to the tenants. Others may outline the frequency of calculating and providing the expense statements to the tenants, often on a yearly basis. Additionally, the Alabama Clause may address the procedure for disputing or auditing the expenses. It may require the landlord to provide supporting documentation and allow the tenant to review and object to any questionable expenses. Overall, the Alabama Clause for Grossing Up the Tenant Proportionate Share serves to establish a fair and transparent mechanism for allocating operating expenses and taxes among tenants in commercial lease agreements. It is essential for both landlords and tenants to understand the specific terms and provisions of the clause to ensure a smooth tenancy and avoid potential disputes.
