Common use of Adjustment Procedure; Estimates Clause in Contracts

Adjustment Procedure; Estimates. The Tax and Operating Expense Adjustment specified in Section 4.02 above shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Year, Landlord shall give Tenant written notice of its estimate of any increased amounts payable under Section 4.02 for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.02 for such calendar year, as determined by Landlord (the "Landlord's Statement") and such Landlord's Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon receipt of Landlord's Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's right to payment under Section 4.02 above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense Adjustment specified in Section 4.02 above 4.02(B) shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Year, Landlord shall give Tenant written notice of its estimate of any increased amounts payable under Special Stipulations, Section 4.02 4.02(B) for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such yearyear and, and provided Landlord has delivered to Tenant a detailed statement in writing of such revised estimate, subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's ’s Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Special Stipulations, Section 4.02 4.02(B) for such calendar year, as determined by Landlord (the "“Landlord's ’s Statement"”) and such Landlord's ’s Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon receipt of Landlord's ’s Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's ’s right to payment under Special Stipulations, Section 4.02 4.02(B) above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Special Stipulations, Section 4.02 4.02(B) that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Special Stipulations, Section 4.03(B) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense Adjustment specified in Section 4.02 above 4.02(B) shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Year, Landlord shall give Tenant written notice of its estimate of any increased amounts payable under Section 4.02 4.02(B) for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12thl/12th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's ’s Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.02 4.02(B) for such calendar year, as determined by Landlord (the "“Landlord's ’s Statement"”) and such Landlord's ’s Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon receipt of Landlord's ’s Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's ’s right to payment under Section 4.02 4.02(B) above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 4.02(B) that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense Adjustment specified in Section 4.02 above 4.02(B) shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Yearyear, Landlord shall give Tenant written notice of its reasonable estimate of any increased amounts payable under Section 4.02 4.02(B) for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than that quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.02 4.02(B) for such calendar year, as determined by Landlord (the "Landlord's Statement") and such Landlord's Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is more than that the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon within 30 days after receipt of Landlord's Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's right to payment under Section 4.02 4.02(H) above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 4.02(B) that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense and Direct Reimbursement Payments Adjustment specified in Section 4.02 above 4.2 shall be determined and paid as follows: (A) During each calendar year subsequent to year, or portion thereof, during the Base YearLease Term, Landlord shall give Tenant written notice of Base Year Operating Expenses and Base Year Taxes and its estimate of any increased amounts payable under Section 4.02 4.2 for that calendar yearyear for Operating Expenses, Property Taxes and/or Direct Reimbursement Expenses, respectively as the case may be. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th1/l2th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall use commercially reasonable efforts to deliver to Tenant a statement of that year's ’s Property Taxes Taxes, Operating Expenses, and Operating Direct Reimbursement Expenses, and the actual Tax and Operating Expense and Direct Reimbursement Payments Adjustment to be made pursuant to Section 4.02 4.2 for such calendar year, as determined by Landlord (the "“Landlord's ’s Statement"”) and such Landlord's ’s Statement shall be binding upon Tenant, except as provided in Section 4.04 4.4 below. If the amount of the actual Tax and Operating Expense and Direct Payments Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon within thirty (30) days following receipt of Landlord's ’s Statement. If the amount of the actual Tax and Operating Expense and Direct Reimbursement Payments Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to TenantTenant within thirty (30) days. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's ’s right to payment under Section 4.02 4.2 above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense and Direct Reimbursement Payments Adjustment to be paid pursuant to Section 4.02 4.2 that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) 4.3 to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense Adjustment Adjustments specified in Section 4.02 above shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Year, Landlord shall give Tenant written notice of its estimate of any increased amounts payable under Section 4.02 for that calendar year. On or before the first (1st) day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.02 for such calendar year, as determined by Landlord (the "Landlord's StatementLANDLORD'S STATEMENT") and such Landlord's Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is Adjustments are more than the estimated payments made by Tenant for such calendar year made by Tenantyear, Tenant shall pay the deficiency to Landlord upon within thirty (30) calendar days of receipt of Landlord's Statement, as additional rent. If the amount of the actual Tax and Operating Expense Adjustment is Adjustments are less than the estimated payments made by Tenant for such calendar year made by Tenantyear, any an excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement Landlord's Statement described in this subparagraph (BSection 4.03(B) shall act as a waiver of Landlord's right to payment under Section 4.02 above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment Adjustments to be paid pursuant to Section 4.02 that is are applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense Adjustment specified in Section 4.02 above 4.02(B) shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Year, Landlord shall give Tenant written notice of its estimate of any increased amounts payable under Section 4.02 4.02(B) for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than that quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicablepracticable but in no event later than three hundred sixty five (365) days after the close of each calendar year, Landlord shall deliver to Tenant a reasonably detailed line item statement of that year's ’s Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.02 4.02(B) for such calendar year, as determined by Landlord (the "“Landlord's ’s Statement"”) and such Landlord's ’s Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is more than that the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon thirty (30) days after receipt of Landlord's ’s Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing Tenant within thirty (30) days after the statement described in this subparagraph (B) shall act as a waiver of Landlord's right to payment under Section 4.02 aboveexpiration date. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 4.02(B) that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) to be performed after such termination.

Adjustment Procedure; Estimates. The Property Tax and Operating Expense and Direct Reimbursement Payments Adjustment specified in Section 4.02 above 4.2 shall be determined and paid as follows: (A) During each calendar year subsequent to year, or portion thereof, during the Base YearLease Term, Landlord shall give Tenant written notice of Base Year Operating Expenses and Base Year Property Taxes and its estimate of any increased amounts payable under Section 4.02 4.2 for that calendar yearyear for Operating Expenses, Property Taxes and/or Direct Reimbursement Expenses, respectively as the case may be. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than quarterlyquarterly and subject to Section 4.2, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall use commercially reasonable efforts to deliver to Tenant a statement of that year's ’s Property Taxes Taxes, Operating Expenses, and Operating Direct Reimbursement Expenses, and the actual Tax and Operating Expense and Direct Reimbursement Payments Adjustment to be made pursuant to Section 4.02 4.2 for such calendar year, as reasonably determined by Landlord (the "“Landlord's ’s Statement"”) and such Landlord's ’s Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon receipt of Landlord's Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's right to payment under Section 4.02 above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) to be performed after such termination.4.4

Adjustment Procedure; Estimates. The Tax and Tax, Operating Expense Adjustment and Insurance Adjustments specified in Section 4.02 above Sections 4.02(B), 4.02(C) and 4.02(D) shall be determined and paid as follows: (A) During each calendar year subsequent to during the Base YearLease Term, Landlord shall give Tenant written notice of its Landlord's estimate of any increased amounts payable under Section 4.02 Sections 4.02(B), 4.02(D) and 4.02(D) for that calendar year. On or before the first day of each calendar month during the calendar year, . Tenant shall pay to Landlord one-twelfth (1/12th1/12/th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year in which any Rent Adjustment is made or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes Taxes, Operating Expenses and Operating Insurance Expenses, and the actual Tax and Tax. Operating Expense Adjustment and Insurance Expense Adjustments to be made pursuant to Section 4.02 4.02(B), 4.02(C) and 4.02(D) for such calendar year, as determined and certified by Landlord (the "Landlord's Statement") and such Landlord's Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Adjustment, Insurance Adjustment or Operating Expense Adjustment is more than the estimated payments for the Tax Adjustment, Insurance Adjustment or Operating Expense Adjustment for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon receipt of Landlord's Statement. If the amount of the actual Tax and Adjustment, Insurance Adjustment or Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess thereof shall be paid to Tenant. No delay in providing the statement statements described in this subparagraph (BSection 4.03(B) shall act as a waiver of Landlord's right to payment under Section 4.02 4.02(B), 4.02(C) or 4.02(D) above. Notwithstanding the foregoing, Tenant's right to receive any credit or payment pursuant to the preceding sentences of this Section 4.03(B) is conditioned on this Lease being in full force and effect and Tenant not being in default under this Lease on the date such credit or payment is due. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Tax, Operating Expense Adjustment and Insurance Adjustments to be paid pursuant to Section 4.02 Sections 4.02(B), 4.02(C) and 4.02(D) that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations objections of Landlord and Tenant pursuant to Section Sections 4.03(B) and 4.03(C) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense ------------------------------- Adjustment specified in Section 4.02 above 4.2(B) shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Year, Landlord shall give Tenant written notice of its estimate of any increased amounts payable under Section 4.02 4.2(B) for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.02 4.2(B) for such calendar year, as determined by Landlord (the "Landlord's Statement") and such Landlord's Statement shall be binding upon Tenant, except as provided in Section 4.04 4.4 below. If , if the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon receipt of Landlord's Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's right to payment under Section 4.02 4.2(B) above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 4.2(B) that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B4.3(B) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Tax, Operating Expense Adjustment and Insurance Adjustments specified in Section 4.02 above Sections 4.02(B), 4.02(C) and 4.02(D) shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Year, Landlord shall give Tenant written notice of its Landlord's estimate of any increased Tax Adjustment, Operating Expense Adjustment and Insurance Adjustment amounts payable under Section 4.02 for that calendar year. During each calendar year during the Lease Term, Landlord shall give Tenant written notice of Landlord's estimate of any increased Operating Expense Adjustment amount for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than that quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year in which any Rent Adjustment is made or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes Taxes, Operating Expenses and Operating Insurance Expenses, and the actual Tax and Tax, Operating Expense Adjustment and Insurance Expense Adjustments to be made pursuant to Section 4.02 Sections 4.02(B), 4.02(C) and 4.02(D) for such calendar year, as determined and certified by Landlord (the "Landlord's Statement") and such Landlord's Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Adjustment, Insurance Adjustment or Operating Expense Adjustment is more than the estimated payments for the Tax Adjustment, Insurance Adjustment or Operating Expense Adjustment for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon within 20 days of receipt of Landlord's Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by TenantAdjustment, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's right to payment under Section 4.02 above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) to be performed after such termination.Insurance

Adjustment Procedure; Estimates. The Tax and Operating Expense Adjustment specified in Section 4.02 above 4.02(B) shall be determined and paid as follows: (A) During each calendar calender year subsequent to the Base Year, Landlord shall give Tenant written notice of its reasonable estimate of any increased amounts payable under Section 4.02 4.02(B) for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, reasonably revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate.. (See Insert 4.03[A] on Page 4B) (B) Within one hundred twenty ninety (12090) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.02 4.02(B) for such calendar year, as determined by Landlord (the "Landlord's Statement") and such Landlord's Statement shall be binding upon Landlord and Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon within thirty (30) days after Tenant's receipt of Landlord's Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) defined next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's right to payment under Section 4.02 4.02(B) above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 4.02(B) that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Tax, Operating Expense Adjustment and Insurance Adjustments specified in Section 4.02 above Sections 4.02(B), 4.02(C) and 4.02(D) shall be determined and paid as follows: (A) During each calendar year subsequent to during the Base YearLease Term, Landlord shall give Tenant written notice of its Landlord's estimate of any increased amounts payable under Section 4.02 Sections 4.02(B), 4.02(C) and 4.02(D) for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year in which any Rent Adjustment is made or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes and Taxes, Operating Expenses an Insurance Expenses, and the actual Tax and Tax, Operating Expense Adjustment and Insurance Expense Adjustments to be made which Landlord is entitled pursuant to Section 4.02 Sections 4.02(B), 4.02(C) and 4.02(D) for such calendar year, as determined and certified by Landlord (the "Landlord's Statement") and such Landlord's Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Adjustment, Insurance Adjustment or Operating Expense Adjustment is more than the estimated payments for the Tax Adjustment, Insurance Adjustment or Operating Expense Adjustment for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon within 10 days of receipt of Landlord's Statement. If the amount of the actual Tax and Adjustment, Insurance Adjustment or Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess thereof shall be paid to Tenant. No delay in providing the statement statements described in this subparagraph (BSection 4.03(B) shall act as a waiver of Landlord's right to payment under Sections 4.02(B), 4.02(C) or 4.02(D) above. Notwithstanding the foregoing, Tenant's right to receive any credit or payment pursuant to the preceding sentences of this Section 4.02 above4.03(B) is conditioned on Tenant not being in default under this Lease on the date such credit or payment is due. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Tax, Operating Expense Adjustment and Insurance Adjustments to be paid pursuant to Section 4.02 Sections 4.02(B), 4.02(C) and 4.02(D) that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section Section; 4.03(B) and 4.03(C) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense Adjustment specified in Section 4.02 above 4.02(A) shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Year, Landlord shall give Tenant written notice of its estimate of any increased amounts payable under Section 4.02 4.02(A) for that calendar calen­dar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th1/l2th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty ninety (12090) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant pursu­ant to Section 4.02 4.02(A) for such calendar year, as determined by Landlord (the "LandlordLand­lord's Statement") and such Landlord's Statement shall be binding upon Landlord and Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon receipt of Landlord's Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph subpara­graph (B) shall act as a waiver of Landlord's right to payment under Section 4.02 4.02(A) above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 4.02(A) that is applicable to the calendar calen­dar year in which such termination occurs shall be prorated on the basis of that the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant pur­su­ant to Section 4.03(B) to be performed after such termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense Adjustment Rent Adjustments specified in Section 4.02 above 4.03 shall be determined and paid as follows: (A) During each calendar year subsequent to during the Base YearLease Term, Landlord shall give Tenant written notice of its estimate of any increased amounts payable under Section 4.02 4.03 for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than quarterly, that Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after As soon as practical following the close end of each any calendar year or as soon thereafter as is practicableyear, but not later than May 1st, Landlord shall deliver to Tenant a statement of that year's ’s Property Taxes and Operating Expenses which shows by line item in reasonable detail the calculations performed by Landlord in determining Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment Rent Adjustments to be made pursuant to Section 4.02 4.03 for such calendar year, as determined by Landlord (the "“Landlord's ’s Statement"”) and such Landlord's ’s Statement shall be binding upon Tenant, except as provided in Section 4.04 4.06 below. Landlord shall utilize the same form of Landlord’s Statement for each calendar year during the Term, including maintaining the same calculations, methods and line items from year-to-year. In addition, the Landlord’s Statement for the 2006 Calendar Year shall include Landlord’s calculation of the Controllable Operating Expense Base. If the amount of the actual Tax and Operating Expense Adjustment Rent Adjustments is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon within thirty (30) days of receipt of Landlord's ’s Statement. If the amount of the actual Tax and Operating Expense Adjustment Rent Adjustments is less than the estimated payments for such calendar year made previously paid by Tenant, any excess shall be credited against Rent (as hereinafter defined) Adjustments next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to TenantTenant within thirty (30) days following the date of Landlord’s Statement. No delay in providing the statement described in this subparagraph (BA) shall act as a waiver of Landlord's ’s right to receive payment under pursuant to Section 4.02 4.03 above. (C) If this Lease shall expire or terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment Rent Adjustments to be paid pursuant to Section 4.02 4.03 that is applicable to the calendar year in which such expiration or termination occurs shall be prorated based on the basis fraction the numerator of which is the number of days from January 1 of the calendar year to the expiration or termination date bears to and the denominator of which is 365. The expiration or termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) this Article 4 to be performed after such expiration or termination.

Adjustment Procedure; Estimates. The Tax and Operating Expense -------------------------------- Adjustment specified in Section 4.02 above 4.02(B) shall be determined and paid as follows: (A) During each calendar year subsequent to the Base Year, Landlord shall give Tenant written notice of its estimate of any increased amounts payable under Section 4.02 4.02(B) for that calendar year. On or before the first day of each calendar month during the calendar year, Tenant shall pay to Landlord one-one- twelfth (1/12th) of such estimated amounts; provided, however, that, not more often than quarterly, Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. (B) Within one hundred twenty (120) days after the close of each calendar year or as soon thereafter as is practicable, Landlord shall deliver to Tenant a statement of that year's Property Taxes and Operating Expenses, and the actual Tax and Operating Expense Adjustment to be made pursuant to Section 4.02 4.02(B) for such calendar year, as determined by Landlord (the "Landlord's Statement") and such Landlord's Statement shall be binding upon Tenant, except as provided in Section 4.04 below. If the amount of the actual Tax and Operating Expense Adjustment is more than the estimated payments for such calendar year made by Tenant, Tenant shall pay the deficiency to Landlord upon receipt of Landlord's Statement. If the amount of the actual Tax and Operating Expense Adjustment is less than the estimated payments for such calendar year made by Tenant, any excess shall be credited against Rent (as hereinafter defined) next payable by Tenant under this Lease or, if the Lease Term has expired, any excess shall be paid to Tenant. No delay in providing the statement described in this subparagraph (B) shall act as a waiver of Landlord's right to payment under Section 4.02 4.02(B) above. (C) If this Lease shall terminate on a day other than the end of a calendar year, the amount of the Tax and Operating Expense Adjustment to be paid pursuant to Section 4.02 4.02(B) that is applicable to the calendar year in which such termination occurs shall be prorated on the basis of the number of days from January 1 of the calendar year to the termination date bears to 365. The termination of this Lease shall not affect the obligations of Landlord and Tenant pursuant to Section 4.03(B) to be performed after such termination.