Common use of ADDITIONAL RENT, OPERATING EXPENSE ADJUSTMENT Clause in Contracts

ADDITIONAL RENT, OPERATING EXPENSE ADJUSTMENT. The Operating Expense Base Year of the rentable area of the Building shall be the calendar year of January 1, 2000 through December 31, 2000. The total rentable area of the Building is 65,463 rentable square feet. If in any calendar year after the Operating Expense Base Year during the term hereof, the Operating Expenses of the rentable area of the Building should exceed the Operating Expenses of the Base Year (such excess being hereinafter referred to as the "Operating Expense Differential"), then as additional rent for the calendar year, Tenant shall pay within thirty (30) days after written notice by Landlord of said amount being due for each rentable square foot of floor space leased hereunder, and in any expansion or extensions hereof For the purpose of this Paragraph 8, Operating Expenses are defined in Exhibit "D" of this Lease. If during any calendar year of the Lease, the occupancy of the rentable area of the Building averages less than ninety-five percent (95%), then it is agreed that the Operating Expense will be adjusted for such year so that all such Operating Expenses shall be computed as though the rentable area of the Building has been ninety-five percent (95%) occupied for such calendar year. all such expense categories will be accounted for and reported in accordance with generally accepted accounting principles. At any time during the term of this Lease after the twelfth month following the Commencement Date of this Lease, but not later than ten (10) days prior to the date a rental payment is due, Landlord may deliver to Tenant a written estimate of any additional rents which may be reasonably anticipated hereunder, estimated divided by the number of months remaining in the calendar year. Statements showing the actual Operating Expenses of the Building and Tenant proportionate share hereof (hereinafter referred to as "Statement of Actual Adjustment" shall be delivered by Landlord to Tenant within one hundred twenty (120) days after the end of any calendar year in which additional rental was paid or due by Tenant under provisions hereof Within fifteen (15) days after written notice by Landlord to Tenant of such Statement of Actual Adjustment, Tenant shall pay to Landlord the amount of any rentals shown as being due and unpaid thereon. Should such Statement of Actual Adjustment show the Tenant had paid to Landlord an aggregate amount in excess of the additional rental due for the preceding calendar year and Tenant is not then in default hereunder, Landlord shall refund the amount of overpayment. If the Term of this Lease begins on a day other than the first day of the calendar year, or should this Lease terminate on a day other than the last day of the calendar year, the amount shown as due by Tenant on the Statement of Actual Adjustment shall reflect a pro-ration based on the proportion that the number of days this Lease was in effect during such calendar year bears to 360. The Landlord's right to recover Operating Expenses Adjustment shall survive the termination of this Lease.

ADDITIONAL RENT, OPERATING EXPENSE ADJUSTMENT. The Operating Expense Base Year of the rentable area of the Building shall be the calendar year of January 1, 2000 2001 through December 31, 20002001. The Subject to Section 1(a) above, the total rentable area of the Building is 65,463 anticipated to be 238,600 rentable square feet. SEE SPECIAL STIPULATION 2. If in any calendar year after the Operating Expense Base Year during the term hereof, the Operating Expenses of the rentable area of the Building should exceed the Operating Expenses of the Base Year (such excess being hereinafter referred to as the "Operating Expense Differential"), then as additional rent for the calendar year, Tenant shall pay within thirty (30) days after written notice by Landlord of said amount being due for each rentable square foot of floor space leased hereunder, and in any expansion or extensions hereof hereof. For the purpose of this Paragraph 8, Operating Expenses are defined in Exhibit "DE" of this Lease. In addition Operating Expenses shall be adjusted and grossed up so as to show actual Operating Expenses without computing or taking into account reduced costs because of first year warranties on materials and equipment. If during any calendar year of the Lease, the occupancy of the rentable area of the Building averages less than ninety-five one hundred percent (95100%), then it is agreed that the Operating Expense will be adjusted for such year so that all such Operating Expenses shall be computed as though the rentable area of the Building has been ninety-five one hundred percent (95100%) occupied for such calendar year. all All such expense categories will be accounted for and reported in accordance with generally accepted accounting principles. At any time during the term of this Lease after the twelfth month following the Commencement Date of this Lease, but not later than ten fifteen (1015) days prior to the date a an additional rental payment is duedue pursuant to this Section 8, Landlord may deliver to Tenant a written estimate of any additional rents which may be reasonably anticipated hereunder, estimated divided by the number of months remaining in the calendar year, and Tenant shall pay as additional rental to Landlord promptly on the first day of each month in advance without deduction or set off in legal tender the monthly amount called for under such estimate from Landlord to Tenant for those months for which such additional rental is due pursuant to this Section 8. Any such written estimate from Landlord to Tenant, as contemplated in this paragraph, may also include amounts reasonably estimated by Landlord to be due as a result of Landlord's replacing light bulbs and fixtures in the Premises, as contemplated in Section 14 of this Lease, or as a result of Landlord's paying utility bills on behalf of Tenant and thereafter receiving reimbursement from Tenant for such payments by Landlord on Tenant's behalf, as contemplated under Section 17 of this Lease. SEE SPECIAL STIPULATION 31. Statements showing the actual Operating Expenses of the Building and Tenant Tenant's proportionate share hereof thereof (hereinafter referred to as "Statement of Actual Adjustment" ") shall be delivered by Landlord to Tenant within one hundred twenty (120) days after the end of any calendar year in which additional rental was paid or due by Tenant under provisions hereof hereof. Within fifteen thirty (1530) days after written notice by Landlord to Tenant of such Statement of Actual Adjustment, Tenant shall pay to Landlord the amount of any rentals shown as being due and unpaid thereon. Should such Statement of Actual Adjustment show the Tenant had paid to Landlord an aggregate amount in excess of the additional rental due for the preceding calendar year and Tenant is not then in default hereunder, Landlord shall refund the amount of overpayment. If the Term of this Lease begins on a day other than the first day of the calendar year, or should this Lease terminate on a day other than the last day of the calendar year, the amount shown as due by Tenant on the Statement of Actual Adjustment shall reflect a pro-ration proration based on the proportion that the number of days this Lease was in effect during such calendar year bears to 360. The Landlord's right to recover Operating Expenses Adjustment shall survive the termination of this Lease.to

ADDITIONAL RENT, OPERATING EXPENSE ADJUSTMENT. The Operating Expense Base Year of the rentable area of the Building shall be the calendar year of January 1, 2000 2003, through December 31, 20002003. The Subject to Section l(a) above, the total rentable area of the Building is 65,463 anticipated to be 50,400 rentable square feet. If in any calendar year after the Operating Expense Base Year during the term hereof, the Operating Expenses of the rentable area of the Building should exceed the Operating Expenses of the Base Year (such excess being hereinafter referred to as the "Operating Expense Differential"), then as additional rent for the calendar year, Tenant shall pay within thirty (30) days after written notice by Landlord of said amount being due for each rentable square foot of floor space leased hereunder, and in any expansion or extensions hereof hereof. For the purpose of this Paragraph 8, Operating Expenses are defined in Exhibit "DE" of this Lease. In addition Operating Expenses shall be adjusted and grossed up so as to show actual Operating Expenses without computing or taking into account-reduced costs because of first year warranties on materials and equipment. If during any calendar year of the Lease, the occupancy of the rentable area of the Building averages less than ninety-five one hundred percent (95100%), then it is agreed that the Operating Expense will be adjusted for such year so that all such Operating Expenses shall be computed as though the rentable area of the Building has been ninety-five one hundred percent (95100%) occupied for such calendar year. all All such expense categories will be accounted for and reported in accordance with generally accepted accounting principles. At any time during the term of this Lease after the twelfth month following the Commencement Date of this Lease, but not later than ten fifteen (1015) days prior to the date a an additional rental payment is duedue pursuant to this Section 8, Landlord may deliver to Tenant a written estimate of any additional rents which may be reasonably anticipated hereunder, estimated divided by the number of months remaining in the calendar year, and Tenant shall pay as additional rental to Landlord promptly on the first day of each month in advance without deduction or set off in legal tender the monthly amount called for under such estimate from Landlord to Tenant for those months for which such additional rental is due pursuant to this Section 8. Any such written estimate from Landlord to Tenant, as contemplated in this paragraph, may also include amounts reasonably estimated by Landlord to be due as a result of Landlord's replacing light bulbs and fixtures in the Premises, as contemplated in Section 14 of this Lease, or as a result of Landlord's paying utility bills on behalf of Tenant and thereafter receiving reimbursement from Tenant for such payments by Landlord on Tenant's behalf, as contemplated under Section 17 of this Lease. See Special Stipulation 24. Statements showing the actual Operating Expenses of the Building and Tenant Tenant's proportionate share hereof thereof (hereinafter referred to as "Statement of Actual Adjustment" ") shall be delivered by Landlord to Tenant within one hundred twenty (120) days after the end of any calendar year in which additional rental was paid or due by Tenant under provisions hereof hereof. Within fifteen thirty (1530) days after written notice by Landlord to Tenant of such Statement of Actual Adjustment, Tenant shall pay to Landlord the amount of any rentals shown as being due and unpaid thereon. Should such Statement of Actual Adjustment show the Tenant had paid to Landlord an aggregate amount in excess of the additional rental due for the preceding calendar year and Tenant is not then in default hereunder, Landlord shall refund the amount of overpayment. If the Term of this Lease begins on a day other than the first day of the calendar year, or should this Lease terminate on a day other than the last day of the calendar year, the amount shown as due by Tenant on the Statement of Actual Adjustment shall reflect a pro-ration proration based on the proportion that the number of days this Lease was in effect during such calendar year bears to 360. The Landlord's right to recover Operating Expenses Adjustment shall survive the termination of this Lease. Provided Tenant is not in default under the terms of this Lease Tenant shall have the right to inspect Landlord's books and records with respect to Operating Expenses and its proportionate share thereof for any preceding calendar year. This inspection shall be completed at the Tenant's sole cost and expense by independent, certified public accountants practicing for an accounting firm of national prominence and for the exclusive purpose of determining whether Landlord has complied with the terms of this Lease relating to Operating Expenses. Should Tenant's inspection reveal that Landlord has overstated or understated Operating Expenses an appropriate adjustment will be made. If Tenant owes any amount to Landlord based on such adjustment, it shall be paid to Landlord within thirty (30) days after the request thereof; if Landlord owes any amount to Tenant based on such adjustment, such amount shall be credited against the rent next coming due under this Lease.

ADDITIONAL RENT, OPERATING EXPENSE ADJUSTMENT. The Operating Expense Base Year of the rentable area of the Building shall be the calendar year of January 1, 2000 2001 through December 31, 20002001. The Subject to Section 1(a) above, the total rentable area of the Building is 65,463 anticipated to be 238,600 rentable square feet. See Special Stipulation 2. If in any calendar year after the Operating Expense Base Year during the term hereof, the Operating Expenses of the rentable area of the Building should exceed the Operating Expenses of the Base Year (such excess being hereinafter referred to as the "“Operating Expense Differential"”), then as additional rent for the calendar year, Tenant shall pay within thirty (30) days after written notice by Landlord of said amount being due for each rentable square foot of floor space leased hereunder, and in any expansion or extensions hereof hereof. For the purpose of this Paragraph 8, Operating Expenses are defined in Exhibit "D" “E” of this Lease. In addition Operating Expenses shall be adjusted and grossed up so as to show actual Operating Expenses without computing or taking into account reduced costs because of first year warranties on materials and equipment. If during any calendar year of the Lease, the occupancy of the rentable area of the Building averages less than ninety-five one hundred percent (95100%), then it is agreed that the Operating Expense will be adjusted for such year so that all such Operating Expenses shall be computed as though the rentable area of the Building has been ninety-five one hundred percent (95100%) occupied for such calendar year. all All such expense categories will be accounted for and reported in accordance with generally accepted accounting principles. At any time during the term of this Lease after the twelfth month following the Commencement Date of this Lease, but not later than ten fifteen (1015) days prior to the date a an additional rental payment is duedue pursuant to this Section 8, Landlord may deliver to Tenant a written estimate of any additional rents which may be reasonably anticipated hereunder, estimated divided by the number of months remaining in the calendar year, and Tenant shall pay as additional rental to Landlord promptly on the first day of each month in advance without deduction or set off in legal tender the monthly amount called for under such estimate from Landlord to Tenant for those months for which such additional rental is due pursuant to this Section 8. Any such written estimate from Landlord to Tenant, as contemplated in this paragraph, may also include amounts reasonably estimated by Landlord to be due as a result of Landlord’s replacing light bulbs and fixtures in the Premises, as contemplated in Section 14 of this Lease, or as a result of Landlord’s paying utility bills on behalf of Tenant and thereafter receiving reimbursement from Tenant for such payments by Landlord on Tenant’s behalf, as contemplated under Section 17 of this Lease. See Special Stipulation 31. Statements showing the actual Operating Expenses of the Building and Tenant Tenant’s proportionate share hereof thereof (hereinafter referred to as "“Statement of Actual Adjustment" ”) shall be delivered by Landlord to Tenant within one hundred twenty (120) days after the end of any calendar year in which additional rental was paid or due by Tenant under provisions hereof hereof. Within fifteen thirty (1530) days after written notice by Landlord to Tenant of such Statement of Actual Adjustment, Tenant shall pay to Landlord the amount of any rentals shown as being due and unpaid thereon. Should such Statement of Actual Adjustment show the Tenant had paid to Landlord an aggregate amount in excess of the additional rental due for the preceding calendar year and Tenant is not then in default hereunder, Landlord shall refund the amount of overpayment. If the Term of this Lease begins on a day other than the first day of the calendar year, or should this Lease terminate on a day other than the last day of the calendar year, the amount shown as due by Tenant on the Statement of Actual Adjustment shall reflect a pro-ration proration based on the proportion that the number of days this Lease was in effect during such calendar year bears to 360. The Landlord's ’s right to recover Operating Expenses Adjustment shall survive the termination of this Lease. Provided Tenant is not in default under the terms of this Lease Tenant shall have the right to inspect Landlord’s books and records with respect to Operating Expenses and its proportionate share thereof for any preceding calendar year. This inspection shall be completed at the Tenant’s sole cost and expense by independent, certified public accountants practicing for an accounting firm of national prominence and for the exclusive purpose of determining whether Landlord has complied with the terms of this Lease relating to Operating Expenses. Should Tenant’s inspection reveal that Landlord has overstated or understated Operating Expenses an appropriate adjustment will be made. If Tenant owes any amount to Landlord based on such adjustment, it shall be paid to Landlord within thirty (30) days after the request thereof; if Landlord owes any amount to Tenant based on such adjustment, such amount shall be credited against the rent next coming due under this Lease.