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=S=> BGB 556a. 1 If the parties to the contract have not agreed otherwise and subject to other provisions , operating costs are to be apportioned in proportion to the floor space . Operating costs depending on recorded consumption or causation by the lessees are to be apportioned according to criteria that take into account the differing consumption or causation .
=S=> BGB 556a. 2 If the parties to the contract have agreed otherwise , the lessor may by declaration in text form specify that the operating costs may in future , contrary to the agreement reached , be apportioned in whole or in part according to a criterion that takes into account the recorded differing consumption or the recorded differing causation . The declaration may only be made prior to commencement of an accounting period . If the costs have previously been included in the rent , the rent is to be reduced accordingly .
=S=> BGB 556a. 3 An agreement deviating to the disadvantage of the lessee from subsection ( 2 ) is ineffective .
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