Common use of Adjustment for Operating Expenses Clause in Contracts

Adjustment for Operating Expenses. (a) Tenant shall pay, as additional rent, Tenant’s Share of Expenses for the Property. For each Fiscal Year during the Term, Tenant’s Share of Expenses shall consist of the sum of (x) the excess of (i) Tenant’s Percentage of the sum of the total Operating Expenses for the Property and the total Taxes for the Property for that Fiscal Year over (ii) the Expense Base, and (y) a commercially reasonable charge for the provision of services to operate the Building during periods other than 8:00 am. to 6:00 pm. on weekdays and 9:00 am. to 1:00 pm. on Saturdays and to operate the Building on holidays (which are all days on which commercial banks in Boston, Massachusetts are authorized or required by law to close) (such periods being referred to herein as “Non-Business Hours”) that are fairly allocable to the Premises, if such services are requested by Tenant or are necessary, in Landlord’s reasonable judgment, for Tenant’s operations during Non-Business Hours. For any partial Fiscal Year at the beginning or end of the Term, Tenant’s Share of Expenses shall be adjusted proportionately for the part of the Fiscal Year falling within the Term. Tenant’s Percentage may be reduced if the Property is changed or reconfigured, but shall in all cases not exceed the percentage that the Rentable Square Feet in the Premises bears to the total rentable square footage in the Property, calculated on a consistent basis. In addition, Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in Taxes not otherwise billed to Tenant which may result from any alteration, addition or improvement to the Premises that is made by or on behalf of Tenant, other than the Leasehold Improvements. Upon request of Tenant, Landlord shall supply to Tenant reasonable evidence of such increase in Taxes which shows that such increase is attributable to Tenant’s alteration, addition or improvement to the Premises. (b) Before each Fiscal Year, Landlord shall give Tenant a reasonable estimate of the expected Operating Expenses and Taxes for the Property for the coming Fiscal Year (excluding Landlord’s cost for services provided during Non-Business Hours), and a calculation of the estimated amount of Tenant’s Share of Expenses. Tenant shall pay one-twelfth of the estimated amount of Tenant’s Share of Expenses with each monthly payment of Base Rent. After the end of each Fiscal Year, Landlord shall give Tenant a statement (the “Statement”) showing the actual Operating Expenses and Taxes for that Fiscal Year, a calculation of the actual amount of Tenant’s Share of Expenses, and a summary of amounts already paid by Tenant pursuant to this Section 3.2. Any underpayment by Tenant shall be made up by cash payment to Landlord within thirty (30) days after delivery of the Statement; any overpayment shall be paid to Tenant within thirty (30) days after delivery of the Statement or, at Landlord’s option, shall be credited against the next due Base Rent, provided that any overpayment shall be paid in cash to Tenant within thirty (30) days if the Term has ended. No delay by Landlord in providing any Statement shall be deemed a waiver of Tenant’s obligation to pay Tenant’s Share of Expenses. Tenant and its auditors shall have the right, upon not less than ten (10) business days’ notice and then at a time reasonably convenient to both parties, to inspect during usual business hours those portions of the books kept by Landlord relating to costs and expenses for which Tenant has responsibility hereunder. If Tenant disagrees with Landlord’s determination of Operating Expenses and Taxes, Tenant shall have the right to pay its share of Operating Expenses and Taxes under protest without waiving its claim as to the overage. (c) The following terms used in this Section 3.2(c) shall have the following meanings for purposes of this Lease:

Adjustment for Operating Expenses. (a) Tenant shall pay, as additional rent, Tenant’s Share of Expenses for the Property. For each Fiscal Year during the Term, Tenant’s Share of Expenses shall consist of the sum of : (x) the excess of (i) Tenant’s Percentage of the sum of the total Operating Expenses for the Property for that Fiscal Year over (ii) the Operating Expense Base; and (y) the excess of (i) Tenant’s Percentage of the total Taxes for the Property for that Fiscal Year over (ii) the Real Estate Tax Expense BaseBase (collectively, and (y) a commercially reasonable charge for the provision of services to operate the Building during periods other than 8:00 am. to 6:00 pm. on weekdays and 9:00 am. to 1:00 pm. on Saturdays and to operate the Building on holidays (which are all days on which commercial banks in Boston, Massachusetts are authorized or required by law to close) (such periods being referred to herein as “Non-Business Hours”) that are fairly allocable to the Premises, if such services are requested by Tenant or are necessary, in Landlord’s reasonable judgment, for Tenant’s operations during Non-Business Hours. Share of Expenses”), For any partial Fiscal Year at the beginning or end of the Term, Tenant’s Share of Expenses shall be adjusted proportionately for the part of the Fiscal Year falling within the Term. Tenant’s Percentage may be reduced if the Property is changed or reconfigured, but shall in all cases not exceed the percentage that the Rentable Square Feet in the Premises bears to the total rentable square footage in the Property, calculated on a consistent basis. , In addition, Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in Taxes not otherwise billed to Tenant which may result from are expressly allocated by the taxing authority to any alteration, addition or improvement to the Premises that is made by or on behalf of Tenant, other than the Leasehold Improvements. Upon request of Tenant, Landlord shall supply to Tenant reasonable evidence of such increase in Taxes which shows that such increase is attributable to Tenant’s alteration, addition or improvement to the Premises. (b) Before each Fiscal Year, Landlord shall give Tenant a reasonable estimate of the expected Operating Expenses and Taxes for the Property for the coming Fiscal Year (excluding Landlord’s cost for services provided during Non-Business Hours), and a calculation of the estimated amount of Tenant’s Share of Expenses. , Tenant shall pay one-twelfth of the estimated amount of Tenant’s Share of Expenses with each monthly payment of Base Rent. After the end of each Fiscal Year, Landlord shall give Tenant a statement (the “Statement”) showing the actual Operating Expenses and Taxes for that Fiscal Year, a calculation of the actual amount of Tenant’s Share of Expenses, and a summary of amounts already paid by Tenant pursuant to this Section 3.2Section. Any underpayment by Tenant shall be made up by cash payment to Landlord within thirty (30) days after delivery of the Statement; any overpayment shall be paid to Tenant within thirty (30) days after delivery of the Statement or, at Landlord’s option, shall be credited against the next due Base Rent, provided that any overpayment shall be paid in cash to Tenant within thirty (30) days if the Term has ended. No delay by Landlord in providing any Statement shall be deemed a waiver of Tenant’s obligation to pay Tenant’s Share of Expenses. Tenant and its auditors shall have the right, upon not less than ten (10) business days’ notice and then at a time reasonably convenient to both parties, to inspect during usual business hours those portions of the books kept by Landlord relating to costs and expenses for which Tenant has responsibility hereunder. If Tenant disagrees with Landlord’s determination of Operating Expenses and Taxes, Tenant shall have the right to pay its share of Operating Expenses and Taxes under protest without waiving its claim as to the overage. (c) The following terms used in this Section 3.2(c) shall have the following meanings for purposes of this Lease:

Adjustment for Operating Expenses. (a) Beginning on the Commencement Date, Tenant shall pay, as additional rent, Tenant’s 's Share of Expenses for the Property. For each Fiscal Year during the Term, Tenant’s 's Share of Expenses shall consist of the sum of (x) the excess of (i) Tenant’s 's Percentage of the sum of the total Operating Expenses for the Property and the total Taxes for the Property for that Fiscal Year over (ii) the Expense BaseYear, and (y) a commercially reasonable charge for the provision of services to operate the Building during periods other than 8:00 am. a.m. to 6:00 pm. p.m. on weekdays and 9:00 am. to 1:00 pm. on Saturdays and to operate the Building on holidays (which are all days on which commercial banks in Boston, Massachusetts are authorized or required by law to close) (such periods being referred to herein as “Non-Business Hours”) that are fairly allocable to the Premises, if such services are requested by Tenant or are necessary, in Landlord’s 's reasonable judgment, for Tenant’s 's operations during Non-Business Hours. For any partial Fiscal Year at the beginning or end of the Term, Tenant’s 's Share of Expenses shall be adjusted proportionately for the part of the Fiscal Year falling within the Term. Tenant’s 's Percentage may be reduced if the Property is changed or reconfigured, but shall in all cases not exceed the percentage that the Rentable Square Feet in the Premises bears to the total rentable square footage in the Property, calculated on a consistent basis. In addition, Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in Taxes not otherwise billed to Tenant which may result from any alteration, addition or improvement to the Premises that is made by or solely on behalf of Tenant. Landlord, other than the Leasehold Improvements. Upon request at its discretion, may also assess Tenant for any extraordinary item of cost or expense which may actually occur as a direct result of Tenant’s own distinct uses or activities which shall be itemized, Landlord shall supply to invoiced separately, and paid by Tenant reasonable evidence within thirty (30) days of such increase in Taxes which shows that such increase is attributable to Tenant’s alteration, addition or improvement to its receipt of the Premisesinvoice. (b) Before each Fiscal Year, Landlord shall give Tenant a reasonable estimate of the expected Operating Expenses and Taxes for the Property for the coming Fiscal Year (excluding Landlord’s 's cost for services provided during Non-Business Hours), and a calculation of the estimated amount of Tenant’s 's Share of Expenses. Tenant shall pay one-twelfth of the estimated amount of Tenant’s 's Share of Expenses with each monthly payment of Base Rent. After the end of each Fiscal Year, Landlord shall give Tenant a statement (the “Statement”) showing the actual Operating Expenses and Taxes for that Fiscal Year, a calculation of the actual amount of Tenant’s 's Share of Expenses, and a summary of amounts already paid by Tenant pursuant to this Section 3.2Section. Any underpayment by Tenant shall be made up by cash payment to Landlord within thirty (30) days after delivery of the Statement; any overpayment shall be paid to Tenant within thirty (30) days after delivery of the Statement or, at Landlord’s 's option, shall be credited against the next due Base Rent, provided that any overpayment shall be paid in cash to Tenant within thirty (30) days if the Term has ended. No delay by Landlord in providing any Statement shall be deemed a waiver of Tenant’s 's obligation to pay Tenant’s 's Share of Expenses. Tenant and its auditors shall have the right, upon not less than ten (10) business days’ notice and then at a time reasonably convenient to both parties, to inspect during usual business hours those portions of the books kept by Landlord relating to costs and expenses for which Tenant has responsibility hereunder. If Tenant disagrees with Landlord’s determination of Operating Expenses and Taxes, Tenant shall have the right to pay its share of Operating Expenses and Taxes under protest without waiving its claim as to the overage. (c) The following terms used in this Section 3.2(c) shall have the following meanings for purposes of this Lease:

Adjustment for Operating Expenses. (a) Throughout the Term, Tenant shall pay, as additional rent, Tenant’s 's Share of Expenses for the Property. For each Fiscal Year (as hereinafter defined) during the Term, "Tenant’s 's Share of Expenses Expenses" shall consist of the sum of (x) the excess of (i) Tenant’s 's Percentage of the sum of the total Operating Expenses (as hereinafter defined) for the Property and the total Taxes (as hereinafter defined) for the Property for that Fiscal Year; provided, however, if the Term includes only a portion of any Fiscal Year, either due to the beginning, termination or expiration of the Term or a change in the period of the Fiscal Year, the Expenses for such Fiscal Year over (ii) shall be prorated based on the Expense Basefraction of the total days in such Fiscal Year that are included in the Term, and (yTenant shall pay only such prorated Expenses. In the event that Landlord terminates this Lease with respect to any portion of the Premises under Section 6.3(a) or Tenant does not otherwise lease 100% of the rentable area within the Building, "Tenant's Share of Expenses" shall also include a commercially reasonable charge for the provision of services to operate the Building during periods other than 8:00 am. a.m. to 6:00 pm. p.m. on weekdays and 9:00 am. a.m. to 1:00 pm. p.m. on Saturdays and to operate the Building on holidays (which are all days on which commercial banks in Boston, Massachusetts are authorized or required by law to close) (such periods being referred to herein as “"Non-Business Hours”") that are fairly allocable to the Premises, if such services are requested by Tenant or are necessary, in Landlord’s 's reasonable judgment, for Tenant’s 's operations during Non-Business Hours. For any partial Fiscal Year at the beginning or end Hours (it being understood and agreed that so long as Tenant leases all of the TermBuilding, Tenant’s Share 100% of Expenses all expenses associated with operations during Non-Business Hours shall be adjusted proportionately for the part responsibility of the Fiscal Year falling within the Term. Tenant’s Percentage may be reduced if the Property is changed or reconfigured, but shall in all cases not exceed the percentage that the Rentable Square Feet in the Premises bears to the total rentable square footage in the Property, calculated on a consistent basis). In addition, Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in Taxes not otherwise billed to Tenant which may result from any alteration, addition or improvement to the Premises that is made by or on behalf of Tenant, other than the Leasehold Improvements. Upon request of Tenant, Landlord shall supply to Tenant reasonable evidence of such increase in Taxes which shows that such increase is attributable to Tenant’s 's alteration, addition or improvement to the Premises. (b) Before each Fiscal Year, Landlord shall give Tenant a reasonable written estimate of the expected Operating Expenses and Taxes for the Property for the coming Fiscal Year (excluding Landlord’s 's cost for services provided during Non-Business Hours), and a calculation of the estimated amount of Tenant’s 's Share of Expenses. Tenant shall pay one-twelfth of the estimated amount of Tenant’s 's Share of Expenses with each monthly payment of Base Rent. After Within 120 days after the end of each Fiscal Year, Landlord shall give Tenant a reasonably detailed written statement (the “"Statement”") showing the actual Operating Expenses and Taxes for that Fiscal Year, a calculation of the actual amount of Tenant’s 's Share of Expenses, and a summary of amounts already paid by Tenant pursuant to this Section 3.2. Any underpayment by Tenant shall be made up by cash payment to Landlord within thirty (30) days after delivery of the Statement; any overpayment shall be paid to Tenant within thirty (30) days after delivery of the Statement or, at Landlord’s option, shall be credited against the next due Base Rent, provided that any overpayment shall be paid in cash to Tenant within thirty (30) days if the Term has ended. No delay by Landlord in providing any Statement shall be deemed a waiver of Tenant’s obligation to pay Tenant’s Share of Expenses. Tenant and its auditors shall have the right, upon not less than ten (10) business days’ notice and then at a time reasonably convenient to both parties, to inspect during usual business hours those portions of the books kept by Landlord relating to costs and expenses for which Tenant has responsibility hereunder. If Tenant disagrees with Landlord’s determination of Operating Expenses and Taxes, Tenant shall have the right to pay its share of Operating Expenses and Taxes under protest without waiving its claim as to the overage3. (c) The following terms used in this Section 3.2(c) shall have the following meanings for purposes of this Lease:

Adjustment for Operating Expenses. (a) Tenant shall pay, as additional rent, Tenant’s Xxxxxx's Share of Expenses for the Property. . (b) For each Fiscal Year during the Term, Tenant’s Xxxxxx's Share of Expenses shall consist of the sum of (x) the excess of (i) Tenant’s 's Percentage of the sum of the total Operating Expenses for the Property and the total Taxes for the Property for that Fiscal Year over (ii) the Expense Base, and (y) a commercially reasonable charge for the provision of services to operate the Building during periods other than 8:00 am. to 6:00 pm. on weekdays and 9:00 am. to 1:00 pm. on Saturdays and to operate the Building on holidays (which are all days on which commercial banks in Boston, Massachusetts are authorized or required by law to close) (such periods being referred to herein as “Non-Business Hours”) that are fairly allocable to the Premises, if such services are requested by Tenant or are necessary, in Landlord’s reasonable judgment, for Tenant’s operations during Non-Business HoursStop. For any partial Fiscal Year at the beginning or end of the Term, Tenant’s Xxxxxx's Share of Expenses shall be adjusted proportionately for the part of the Fiscal Year falling within the Term. Tenant’s 's Percentage may be reduced change if the Property Building is changed or reconfigured, but shall in all cases not exceed be equal to the percentage that the Rentable Square Feet in the Premises bears to the total rentable square footage in the PropertyBuilding, calculated on a consistent basis. In addition, Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in Taxes not otherwise billed to Tenant which may result from any alteration, addition or improvement to the Premises that is made by or on behalf of Tenant, other than the Leasehold Improvements. Upon request of Tenant, Landlord shall supply to Tenant reasonable evidence of such increase in Taxes which shows that such increase is attributable to Tenant’s alteration, addition or improvement to the Premises. (bc) Before each Fiscal Year, Landlord shall give Tenant a reasonable an estimate of the expected Operating Expenses and Taxes for the Property for the coming Fiscal Year (excluding Landlord’s cost for services provided during Non-Business Hours)Year, and a calculation of the estimated amount of Tenant’s 's Share of Expenses. Tenant shall pay one-twelfth of the estimated amount of Tenant’s 's Share of Expenses each month with each monthly its payment of Base Rent. After the end of each Fiscal Year, Landlord shall give Tenant a statement (the “Statement”) showing the actual Operating Expenses and Taxes for that Fiscal Year, and a calculation of the actual amount of Tenant’s 's Share of Expenses, and a summary of amounts already paid by Tenant pursuant to this Section 3.2. Any underpayment by Tenant shall be made up by cash payment to Landlord within thirty (30) days after delivery of the Statementdays; any overpayment shall be paid to Tenant within thirty (30) days after delivery of the Statement or, at Landlord’s 's option, or shall be credited against the next due Base Rent, provided that any overpayment shall be paid in cash to Tenant within thirty (30) days if the Term has ended. No delay by Landlord in providing any Statement such statement shall be deemed a waiver of Tenant’s 's obligation to pay Tenant’s 's Share of Expenses. Tenant and its auditors shall have the right, upon not less than ten (10) 10 business days’ notice and then at a time reasonably convenient to both parties' notice, to inspect inspect, audit and copy during usual business hours those portions of the books and records kept by Landlord Landlord, relating in each case to costs and expenses for which Tenant Xxxxxx has responsibility hereunder. If Landlord shall maintain all books and records, including contracts, invoices and other similar evidence of expenditures, for at least 5 years after the end of the relevant fiscal year. Tenant disagrees may seek reimbursement of its share of any Operating Expense which it contests within twelve (12) months after the delivery of the annual statement of expenses for the year in which Operating Expenses were incurred (or within twelve (12) months of delivery of any supplemental or corrected statement, with Landlord’s determination respect to the supplemental information or corrected items.) In the absence of written notice to Landlord objecting to any particular expense within twelve (12) months after delivery of the annual statement of expenses, any right of Tenant to contest or seek reimbursement for Operating Expenses incurred in the period covered by such statement shall be deemed irrevocably waived. Nothing contained herein shall entitle Tenant to offset or withhold any Base Rent or additional rent on account of any Operating Expenses which it contests. Landlord agrees that, except to the extent Landlord subsequently receives bills or invoices, any correction or adjustment of its calculations of Operating Expenses and Taxes, Tenant shall have for any year will occur not later than twelve (12) months after delivery of the right to pay its share annual statement of Operating Expenses and Taxes under protest without waiving its claim as to the overageexpenses for such year. (cd) The following terms As used herein, the term "Fiscal Year" means any twelve-month period selected by Landlord for operating purposes. Landlord may change its Fiscal Year and interim accounting periods, so long as the periods so revised are reconciled with prior periods in this Section 3.2(c) shall have the following meanings for purposes of this Lease:accordance with generally accepted accounting principles.