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.
Maryland Clause for Grossing Up the Tenant Proportionate Share refers to a legal provision included in commercial lease agreements in the state of Maryland, specifically addressing the methodology for calculating and adjusting the tenant's proportionate share of operating expenses in a gross lease arrangement. This clause is crucial for landlords and tenants in order to correctly allocate and distribute the expenses associated with the operation and maintenance of the leased property. In a gross lease, the tenant typically pays a fixed rental amount that includes all or most of the property's operating expenses, such as utilities, insurance, maintenance, and property taxes. However, as these expenses can vary from year to year, the Maryland Clause for Grossing Up the Tenant Proportionate Share provides a mechanism for adjusting the tenant's proportionate share in case the actual expenses exceed or fall short of the estimated amounts. There are different types of Maryland Clauses for Grossing Up the Tenant Proportionate Share, including: 1. Fixed Percentage Gross-Up: This type of clause utilizes a fixed percentage to adjust the tenant's proportionate share. For example, if the gross lease specifies a 5% gross-up rate, the tenant's share of expenses will be increased by 5% to account for any shortfall. Conversely, if the actual expenses are lower than estimated, the tenant's share will be decreased. 2. CPI-based Gross-Up: This clause incorporates the Consumer Price Index (CPI) to determine the adjusted proportionate share. The CPI measures the average change in prices over time and is used to reflect inflation or deflation. By utilizing the CPI, the tenant's expense allocation is adjusted in line with changes in the overall cost of living. 3. Operating Expense Gross-Up: This type of clause focuses on adjusting the tenant's proportionate share based on the property's actual operating expenses. It allows for a year-end reconciliation where the landlord provides an itemized breakdown of the actual expenses incurred, and the tenant's share is adjusted accordingly. It is important for both landlords and tenants to carefully review and negotiate the specific terms and conditions of the Maryland Clause for Grossing Up the Tenant Proportionate Share to ensure clarity and fairness in the allocation of expenses. As lease agreements can vary, it is recommended to seek legal advice when dealing with this clause to ensure compliance with applicable laws and maximize the benefits for both parties involved.
