This office lease form describes an operating cost escalations provision.In the event that the operating costs for any calendar year during the term of this lease shall be greater than the base operating costs, the tenant will pay to the landlord additional rent of an amount equal to such an increase.
North Carolina Operating Cost Escalations Provision
State:
Multi-State
Control #:
US-OL19034A
Format:
Word;
PDF
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How to fill out Operating Cost Escalations Provision?
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FAQ
One of the key factors that influence cost escalation and inflation is the market condition of the industry, sector, or region where the project is located. Market conditions include the supply and demand of resources, materials, labor, and equipment, as well as the level of competition, regulation, and innovation.
An escalation clause, or ?escalator,? is a section in a real estate contract that states that a prospective buyer is willing to raise their offer on a home should the seller receive a higher competing offer. The clause will state how much more the buyer is willing to pay than the highest offer and their spending limit.
A cost escalation clause allows the contractor to pass through to the owner the increase in the cost of materials despite agreeing to a lump-sum price or GMP. Think of a cost escalation clause as essentially a differing site conditions clause for materials.
Escalation is used to estimate the future cost of a project or to bring historical costs to the present. Most cost estimating is done in current dollars and then escalated to the time when the project will be accomplished. A good example could be the employment of union labor over the duration of broader time scope.
To answer your second question, our view is it's likely that a contract containing a properly-drafted escalation clause would be found to be legally enforceable in North Carolina.
What is an escalation clause in cost accounting? In cost accounting, it acts as a provision in a contract or agreement that allows for the adjustment of costs based on changes in a specified index or factor, such as inflation, labor costs, or the price of raw materials.
An escalation clause, or ?escalator,? is a section in a real estate contract that states that a prospective buyer is willing to raise their offer on a home should the seller receive a higher competing offer. The clause will state how much more the buyer is willing to pay than the highest offer and their spending limit.