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 District of Columbia Clause for Grossing Up the Tenant Proportionate Share is an integral provision found in commercial lease agreements pertaining to properties located in the District of Columbia. This clause ensures that tenants are responsible for paying their fair share of expenses associated with operating and maintaining the building. It addresses the need to "gross up" the tenant's proportionate share in cases where the overall occupancy of the building is less than 100%. This is done to account for the expenses that would be incurred if the building were fully occupied. The District of Columbia Clause for Grossing Up the Tenant Proportionate Share typically includes various elements to determine the tenant's proportionate share accurately. These elements can include the tenant's leased space size, the total rentable area of the building, and the common areas' square footage. This information is then used to calculate the tenant's share percentage. There are different types of District of Columbia Clauses for Grossing Up the Tenant Proportionate Share, depending on the specific arrangements made between the landlord and the tenant. Common variations include: 1. Specific Expense Clause: This type of District of Columbia Clause for Grossing Up the Tenant Proportionate Share outlines specific expenses that will be included in the gross-up calculation. These expenses can include property taxes, insurance premiums, utilities, maintenance costs, and other operating expenses. 2. Base Year Expense Clause: In this variation, the tenant's proportionate share is calculated based on a designated "base year" expense, usually the year in which the lease is signed or the first year of the tenant's occupancy. Any increase in expenses above the base year amount is then included in the gross-up calculation. 3. Operating Expense Cap Clause: This clause sets a cap on the operating expenses that can be passed on to the tenant. It limits the amount by which the tenant's proportionate share can be increased, ensuring that the tenant is not burdened with excessive expense escalations. 4. Proportional Increase Clause: With this variation, the tenant's proportionate share is directly increased or decreased depending on the overall occupancy of the building. For example, if the overall occupancy drops to 80%, the tenant's proportionate share will be increased to offset the decrease in revenue from other tenants. In conclusion, the District of Columbia Clause for Grossing Up the Tenant Proportionate Share is a crucial provision in commercial leases. It ensures that tenants are responsible for their fair share of building expenses, even in cases where the building is not fully occupied. The different types of District of Columbia Clauses for Grossing Up the Tenant Proportionate Share provide flexibility in determining the tenant's proportionate share accurately and fairly.
