Common use of ADDITIONAL RENT - GENERAL COVENANT Clause in Contracts

ADDITIONAL RENT - GENERAL COVENANT. Tenant covenants and agrees to pay to Landlord, as additional rent in accordance with the method set forth in Section 2.6.2, an amount equal to the product of (a) the Rentable Floor Area of the Premises and (b) the excess (if any) of Landlord's Operating Expenses per square foot allocable to Tenant over Base Operating Expenses Per Square Foot (as specified in Section 1.1). Except as provided in the next sentence, Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the total amount of Landlord's Operating Expenses for such period (actual or extrapolated, as described herein) divided by the greater of (i) the actual percentage of rentable floor area of the Building actually occupied during such period or (ii) 95% of the Total Rentable Floor Area of the Building provided that if less than 95% of the Total Rentable Floor Area of the Building is occupied at any time during such period and any components of Landlord's Operating Expenses vary based on the degree of occupancy in the Building, Landlord may extrapolate such components of Landlord's Operating Expenses as though the Total Rentable Floor Area of the Building had been occupied at all times during such period. If Landlord is not obligated to furnish electricity, cleaning and janitorial services, or any other item services, the costs of which are included in Landlord's Operating Expenses, to all rentable areas of the Building or if Landlord furnishes amounts of any such item services to the Premises in return for direct reimbursement of the cost thereof (any such item not furnished to all rentable areas or furnished to any rentable areas on a direct reimbursement basis is referred to as a "restricted item"), Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the sum of the following amounts (x) and (y):

ADDITIONAL RENT - GENERAL COVENANT. Commencing as of the Rent Commencement Date, Tenant covenants and agrees to pay to LandlordLandlord in accordance with Section 2.6.2 hereof, as additional rent in accordance with the method set forth in Section 2.6.2rent, an amount with respect to each calendar year equal to the product of (a) Tenant's Proportionate Share (defined below) and (b) the total of Landlord's Operating Expenses for such Lease Year. "Tenant's Proportionate Share" for all of Landlord's Operating Expenses other than those relating to the Additional Land and the Exclusive Parking Spaces shall mean the following fractions: (x) from the Rent Commencement Date through the Area A Commencement Date, the Rentable Floor Area of the Premises and (b) the excess (if any) of Landlord's Operating Expenses per square foot allocable from time to Tenant over Base Operating Expenses Per Square Foot (as specified in Section 1.1). Except as provided in the next sentence, Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the total amount of Landlord's Operating Expenses for such period (actual or extrapolated, as described herein) time divided by the greater of (i) the actual percentage of rentable floor area of the Building actually occupied during such period or (ii) 95% of the Total Rentable Floor Area of the Building provided (it being understood that if less than 95% Tenant temporarily occupies all or any portion of Area B pursuant to Section 2.4 for the conduct of its business (and not for the purposes of preparing Area B for Tenant's use and occupancy) such portion of Area B shall be included in the Premises for the purposes of this Section 2.6.1); and (y) from the Area A Commencement Date through the expiration or earlier termination of the Total Rentable Floor Term, 258,851 square feet divided by the sum of 258,851 and the rentable floor area of those portions of Area C occupied by any tenant; provided, however, if Tenant exercises its right of first refusal with respect to Area C, after the commencement of the Building is occupied at any time during such period and any components term of Tenant's lease of Area C, Tenant's Proportionate Share shall equal 100%. "Tenant's Proportionate Share" for all of Landlord's Operating Expenses vary based relating to the Additional Land and the Exclusive Parking Spaces shall be (A) 0% until the later of (i) the completion of the Exclusive Parking Spaces under Article XII of this Lease or (ii) the Rent Commencement Date and (B) 100% thereafter, for the balance of the Term. If the Rent Commencement Date occurs on a date other than the degree first day of occupancy a calendar year, or if the Term ends on a date other than the last day of a calendar year, the additional rent payable under this Section 2.6 for any partial calendar year immediately after the Rent Commencement Date or before the end of the Term shall be equal to the annual amount of Tenant's Proportionate Share of Landlord's Operation Expenses then in effect prorated on a daily basis according to the Buildingfraction of a full calendar year after the Rent Commencement Date or before the end of the Term, Landlord as the case may extrapolate be. If Xxxxxx's Proportionate Share changes during any calendar year due to the delivery of portions of the Premises to Tenant in accordance with Section 2.1.1 of this Lease or due to this Section 2.6.1, the total additional rent payable under this Section 2.6 for such components Lease Year shall be equal to the sum of (i) the annual amount of Tenant's Proportionate Share of Landlord's Operating Expenses as though applicable at the Total Rentable Floor Area beginning of the Building had been occupied at all times during such period. If Landlord is not obligated to furnish electricity, cleaning and janitorial services, or any other item services, the costs of which are included in Landlord's Operating Expenses, to all rentable areas of the Building or if Landlord furnishes amounts of any such item services calendar year prorated on a daily basis according to the Premises in return for direct reimbursement fraction of a full calendar year during which such amount is applicable, and (ii) the cost thereof (any annual amount of Tenant's Proportionate Share of Operating Expenses applicable after each such item not furnished to all rentable areas or furnished to any rentable areas change prorated on a direct reimbursement daily basis is referred according to as the respective fractions of a "restricted item"), full calendar year during which each changed amount of Tenant's Proportionate Share of Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the sum of the following amounts (x) and (y):is applicable.

ADDITIONAL RENT - GENERAL COVENANT. Tenant covenants and agrees to pay to Landlord, as additional rent in accordance with the method set forth in Section 2.6.2"Additional Rent", (i) an amount equal to the product of (a) the Rentable Floor Area of the Premises and (b) the excess (if any) of Landlord's Operating Expenses per square foot allocable to Tenant over Base Operating Expenses Per Square Foot (as specified in Section 1.1). Except as provided in the next sentence, Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the total amount of Landlord's Operating Expenses for such period (actual or extrapolated, as described herein) divided by the greater of (i) the actual percentage of rentable floor area of the Building actually occupied during such period or (ii) 95% of the Total Rentable Floor Area of the Building over Base Operating Expenses per Square Foot of Rentable Floor Area of the Building, (ii) an amount equal to the product of (a) the Rentable Floor Area of the Premises and (b) the excess (if any) of Landlord's Taxes per square foot of Rentable Floor Area of the Building over Base Taxes Per Square Foot of Rentable Floor Area of the Building, provided that if less than 95% of the Total Rentable Floor Area of the Building is occupied at any time during such period and (including without limitation the "base year" of calendar year 2005), Landlord shall reasonably extrapolate any components of Landlord's Operating Expenses that vary based on upon occupancy of the degree of occupancy in the BuildingBuilding (e.g., Landlord may extrapolate such components of Landlord's Operating Expenses janitorial costs) as though the Total Rentable Floor Area of the Building had been ninety-five percent (95%) occupied at all times during such period. If Landlord is not obligated to furnish electricity, cleaning and janitorial services, or (iii) any other item servicescharges payable by Tenant to Landlord under this Lease. The term "Rent" as used in this Lease shall mean Annual Fixed Rent and Additional Rent as set forth in this Lease. Appropriate adjustments shall be made for any portion of a year at the beginning or end of the Term. Landlord agrees, the costs upon request of which are included in Landlord's Operating ExpensesTenant, to all rentable areas provide Tenant with a description of the Building or if method and calculations used by Landlord furnishes amounts of any to perform such item services to the Premises in return for direct reimbursement of the cost thereof (any such item not furnished to all rentable areas or furnished to any rentable areas on a direct reimbursement basis is referred to as a "restricted item"), Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the sum of the following amounts (x) and (y):extrapolation.

ADDITIONAL RENT - GENERAL COVENANT. Commencing on the first anniversary of the Term Commencement Date, Tenant covenants and agrees to pay to Landlord, as additional rent in accordance with the method set forth in Section 2.6.2“Additional Rent”, (i) an amount equal to the product of (a) the Rentable Floor Area of the Premises and (b) the excess (if any) of Landlord's ’s Operating Expenses per square foot allocable to Tenant over Base Operating Expenses Per Square Foot (as specified in Section 1.1). Except as provided in the next sentence, Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the total amount of Landlord's Operating Expenses for such period (actual or extrapolated, as described herein) divided by the greater of (i) the actual percentage of rentable floor area of the Building actually occupied during such period or (ii) 95% of the Total Rentable Floor Area of the Building over Base Operating Expenses per square foot of Rentable Floor Area of the Building, (ii) an amount equal to the product of (a) the Rentable Floor Area of the Premises and (b) the excess (if any) of Landlord’s Taxes per square foot of Rentable Floor Area of the Building over Base Taxes per square foot of Rentable Floor Area of the Building, provided that if less than 95% of the Total Rentable Floor Area of the Building is occupied at any time during such period and any period, Landlord may extrapolate those variable components of Landlord's ’s Operating Expenses (i.e., those components that vary based on the degree level of occupancy in of the Building, Landlord may extrapolate such components of ) and Landlord's Operating Expenses ’s Taxes as though the Total Rentable Floor Area of the Building had been ninety-five percent (95%) occupied at all times during such period. If Landlord is not obligated to furnish electricity, cleaning and janitorial services, or (iii) any other item services, charges payable by Tenant to Landlord under this Lease. The term “Rent” as used in this Lease shall mean Annual Fixed Rent and Additional Rent as set forth in this Lease. Appropriate adjustments shall be made for any portion of a year at the costs of which are included in Landlord's Operating Expenses, to all rentable areas beginning or end of the Building or if Landlord furnishes amounts of any such item services to the Premises in return for direct reimbursement of the cost thereof (any such item not furnished to all rentable areas or furnished to any rentable areas on a direct reimbursement basis is referred to as a "restricted item"), Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the sum of the following amounts (x) and (y):Term.

ADDITIONAL RENT - GENERAL COVENANT. Commencing on the Term Commencement Date, Tenant covenants and agrees to pay to Landlord, as additional rent in accordance with the method set forth in Section 2.6.2“Additional Rent”, (i) an amount equal to the product of (a) the Rentable Floor Area of the Premises and (b) the excess (if any) of Landlord's ’s Operating Expenses per square foot allocable to Tenant of Rentable Floor Area of the Building over Base Operating Expenses per Square Foot of Rentable Floor Area of the Building, (ii) an amount equal to the product of (a) the Rentable Floor Area of the Premises and (b) the excess (if any) of Landlord’s Taxes per square foot of Rentable Floor Area of the Building over Base Taxes Per Square Foot (as specified in Section 1.1). Except as provided in the next sentence, Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the total amount of Landlord's Operating Expenses for such period (actual or extrapolated, as described herein) divided by the greater of (i) the actual percentage of rentable floor area of the Building actually occupied during such period or (ii) 95% of the Total Rentable Floor Area of the Building provided that if (x) less than 95% of the Total Rentable Floor Area of the Building is occupied at any time during such period and any components (y) Tenant is not leasing one hundred percent (100%) of Landlord's Operating Expenses vary based on the degree Rentable Floor Area of occupancy in the Building), Landlord may extrapolate such components of Landlord's ’s Operating Expenses and Landlord’s Taxes as though the Total Rentable Floor Area of the Building had been ninety-five percent (95%) occupied at all times during such period. If Landlord is not obligated to furnish electricity, cleaning and janitorial services, or (iii) any other item services, charges payable by Tenant to Landlord under this Lease. The term “Rent” as used in this Lease shall mean Annual Fixed Rent and Additional Rent as set forth in this Lease. Appropriate adjustments shall be made for any portion of a year at the costs of which are included in Landlord's Operating Expenses, to all rentable areas beginning or end of the Building or if Landlord furnishes amounts of any such item services to the Premises in return for direct reimbursement Term. As of the cost thereof (any such item not furnished to all rentable areas or furnished to any rentable areas on a direct reimbursement basis is referred to as a "restricted item")date hereof, Landlord's Operating Expenses per square foot allocable to Tenant for any period shall be the sum Tenant’s share pro rata share of the following amounts (x) and (y):Xxxxx Xxxxx Office Park is 7.057%. Tenant acknowledges that such pro rata share may change from time to time based upon any future development of Xxxxx Xxxxx Office Park.