Common use of Additional Rental Clause in Contracts

Additional Rental. (a) Tenant’s Base Rental is based, in part, upon the assumption that Tenant is contributing as its share of the annual Operating Expenses (as defined in paragraph 4(d) hereof) of the Building an amount equal to (i) the Base Expense Amount multiplied by (ii) the Rentable Space in the Premises. Tenant shall during the Lease Term, pay an amount per square foot of Rentable Space within the Premises (“Tenant’s Additional [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Rental”) equal to the excess from time to time of the Operating Expenses per square foot of Rentable Space in the Building over the Base Expense Amount. Prior to the commencement of each calendar year of Tenant’s occupancy beginning in 2008, Landlord may make a good faith estimate of the anticipated amount of Tenant’s Additional Rental (“Tenant’s Forecast Additional Rental”) and Tenant agrees to pay Tenant’s Forecast Additional Rental in equal monthly installments in advance and without demand on the first day of each calendar month during and throughout the Lease Term and any renewal or extension thereof.

Additional Rental. (a) Tenant’s Base Rental is based, in part, upon the assumption that Tenant is contributing as its share of the annual Operating Expenses (as defined in paragraph 4(d) hereof) of the Building an amount equal to (i) the Base Expense Amount multiplied by (ii) the Rentable Space in the Premises. Tenant shall during the Lease Term, pay an amount per square foot of Rentable Space within the Premises (“Tenant’s Additional Rental”) equal to the excess from time to time of the Operating Expenses per square foot of Rentable Space in the Building over the Base Expense Amount. Prior to the commencement of [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Rental”) equal to the excess from time to time of the Operating Expenses per square foot of Rentable Space in the Building over the Base Expense Amount. Prior to the commencement of each calendar year of Tenant’s occupancy beginning in 2008, Landlord may make a good faith estimate of the anticipated amount of Tenant’s Additional Rental (“Tenant’s Forecast Additional Rental”) and Tenant agrees to pay Tenant’s Forecast Additional Rental in equal monthly installments in advance and without demand on the first day of each calendar month during and throughout the Lease Term and any renewal or extension thereof. (b) Within 150 days after the end of each calendar year during the Lease Term and any renewal or extension thereof, or as soon as reasonably possible thereafter, Landlord shall provide Tenant a statement showing the Operating Expenses for said calendar year and a statement prepared by Landlord comparing Tenant’s Forecast Additional Rental theretofore paid by Tenant with Tenant’s Additional Rental. In the event that Tenant’s Forecast Additional Rental paid by Tenant exceeds Tenant’s Additional Rental for said calendar year, Landlord, at Landlord’s option, shall either pay Tenant an amount equal to such excess by direct payment to Tenant within thirty (30) days of the date of such statement, or credit such excess payment against the next accruing installment(s) of Tenant’s Forecast Additional Rental. In the event that Tenant’s Additional Rental exceeds Tenant’s Forecast Additional Rental for said calendar year, Tenant shall pay Landlord, within thirty (30) days of receipt of the statement, an amount equal to such difference. Such obligation of Landlord to refund and of Tenant to pay shall survive expiration or termination of this Lease. Within 1 year after Landlord furnishes its statement of Operating Expenses for any calendar year (including the Base Year) (the “Audit Election Period”), Tenant may, at its expense, elect to audit Landlord’s Operating Expenses for such calendar year, provided that the audit shall be conducted during Landlord’s normal business hours at the location where Landlord maintains its books and records and shall not unreasonably interfere with the conduct of Landlord’s business. This paragraph shall not be construed to limit, suspend, or xxxxx Tenant’s obligation to pay rent when due, including Tenant’s Forecast Additional Rental. Landlord shall credit any overpayment determined by the audit report against the next rent due and owing by Tenant or, if no further rent is due, refund such overpayment directly to Tenant within thirty (30) days of determination. Likewise, Tenant shall pay Landlord any underpayment determined by the audit report within thirty (30) days of determination. The foregoing obligations shall survive the expiration or termination of this Lease. If Tenant does not give written notice of its election to audit Landlord’s Operating Expenses during the Audit Election Period, Landlord’s Operating Expenses for the applicable calendar year shall be deemed approved for all purposes, and Tenant shall have no further right to review or contest the same. If the audit proves that Landlord’s calculation of Operating Expenses for the calendar year(s) under inspection was overstated by more than three percent (3%), then, Landlord shall pay Tenant’s actual reasonable out-of-pocket audit and inspection fees applicable to the review of the effected calendar year statement within thirty (30) days after receipt of Tenant’s invoice therefor. (c) Notwithstanding anything to the contrary contained herein, if the Building is not fully occupied during any calendar year of the Lease Term including calendar year 2007, Operating Expenses (or such components thereof as vary with occupancy), Electrical Expenses, Tenant’s Forecast Additional Rental and Tenant’s Additional Rental for purposes of this Paragraph 4 shall be determined as if the Building had been fully occupied during such year and Operating Expenses had been in an amount which would be normal if the Building were fully occupied. For the purposes of this Lease, “fully occupied” shall mean occupancy of ninety-five percent (95%) of the total Rentable Space in the Building. [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.

Additional Rental. In addition to Monthly Rental, Tenant shall pay, as Additional Rental, all sums required to be paid by Tenant pursuant to this Lease (a) Tenant’s Base Rental is basedincluding, in partbut not limited to, upon interest, late charges, the assumption that Tenant is contributing as its share of the annual Operating Expenses Property Management Fee (as defined in paragraph 4(dSection 4.8(b) hereofbelow), Tenant's Share (as defined below) of Development Operating Expenses, Building Operating Costs (as such terms are defined in Sections 4.8(a) and 4.8(c) below), Taxes (as defined in Section 5.1 of this Lease) as and when required, utilities, maintenance expenses and insurance premiums (as and when required by Article 11 of this Lease)). Landlord shall have the Building an amount equal to (i) same rights and remedies for the Base Expense Amount multiplied by (ii) the Rentable Space in the Premises. Tenant shall during the Lease Term, pay an amount per square foot nonpayment of Rentable Space within the Premises (“Tenant’s Additional [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Rental”) equal Rental as it has with respect to the excess nonpayment of Monthly Rental. "TENANT'S SHARE", shall mean at any time, and from time to time time, (a) as to any item of expense that is included in Additional Rental payable hereunder and that is incurred by Landlord or levied against Landlord with respect to the East Tower, a percentage determined by dividing the rentable square footage of the Operating Expenses per Premises by the rentable square foot footage of Rentable Space the East Tower, and (b) as to any item of expense that is included in the Building over the Base Expense Amount. Prior Additional Rental payable hereunder and that is incurred by Landlord or levied against Landlord with respect to the commencement Project as a whole (and that is not separately calculated with respect to the East Tower), a percentage determined by dividing the rentable square footage of each calendar year the Premises by the rentable square footage of Tenant’s occupancy beginning in 2008both the West Tower and the East Tower. Without limiting the foregoing, Landlord may make a good faith estimate of the anticipated amount of Tenant’s Additional Rental (“Tenant’s Forecast Additional Rental”) and Tenant agrees to pay acknowledge and agree that Tenant’s Forecast Additional Rental 's Share of Development Operating Expenses, Taxes and insurance will be determined in equal monthly installments in advance and without demand on the first day of each calendar month during and throughout the Lease Term and any renewal or extension thereofaccordance with clause (b) above.