Common use of Cafeteria Clause in Contracts

Cafeteria. Landlord shall provide services to the existing cafeteria located in the Common Areas of the Building (the “Cafeteria”) (whether operated by Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease Term.

Cafeteria. Landlord Tenant shall provide services continue to operate the existing cafeteria located in on the Common Areas first floor of the Building (Building, as indicated, on Exhibit “F” attached hereto being the “Cafeteria”) (whether operated by northeast and southeast quadrants of the first floor, through the Expiration Date of the Lease. Tenant agrees to allow the employees, customers and/or vendors of Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate utilize the cafeteria services in use the Building, in accordance with Tenant’s policies associated with the cafeteria usage. Until June 30, 2005, Tenant will continue its contract with its existing vendor to operate the cafeteria. If there is an operating loss with respect to the cafeteria, Tenant will submit an invoice with evidence setting forth the operating losses of the Cafeteria cafeteria to Landlord. Landlord shall reimburse Tenant upon receipt of the invoice and adequate evidence demonstrating the operating loss (without markup) within thirty (30) days. If Tenant fails to operate the cafeteria, Landlord shall be permitted to contract directly with Aramark or a cafeteria vendor of Landlord’s choice to operate the cafeteria. Notwithstanding the foregoing, prior to the Landlord operation or New Tenant or any other tenant in the future utilizing the cafeteria, the Landlord and New Tenant ,and any other tenant will be required to enter into an indemnity agreement with Tenant under terms and conditions required by Tenant (the “Cafeteria Pro Rata ShareIndemnification Agreement”)) . New Tenant and any other tenant in the future shall provide evidence of the amount of money general liability insurance in amounts as required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amountby Tenant, in which case naming Tenant as an additional insured as its interest may appear. Landlord shall be relieved also provide evidence to Tenant of an A+ rated commercial general liability insurance policy which encompasses the obligation to provide cafeteria with limits at the minimum of $2,000,000.00 per occurrence, naming Tenant as an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease Termadditional insured.

Cafeteria. Landlord shall provide services furnish and equip a full service cafeteria in a certain space (the "Cafeteria Space") of approximately 3,000 square feet of Rentable Area in the location to be specified in the Base Building Plans, in accordance with the Preliminary Plans and the Cafeteria Plan to be prepared by Landlord consistent with the Preliminary Plans and approved by Tenant. Tenant shall enter into a contract with the operator selected by Tenant, acting with input from and consultation with Landlord. The initial cost of constructing, furnishing, and equipping such Cafeteria Space in accordance with the Preliminary Plans and the Cafeteria Plan to be prepared by Landlord and approved by Tenant shall be included as part of the Base Building. The Cafeteria Space shall be included in the calculation of the number of square feet of Rentable Area in the Premises. In addition, and notwithstanding any contrary provision herein, all costs incurred by Landlord in connection with such cafeteria including, without limitation, utilities, janitorial and repairs and maintenance of furniture, fixtures and equipment shall be included as part of Operating Costs. Tenant shall be responsible for all costs incurred in connection with any Alteration to the existing cafeteria located Cafeteria and any operating losses in connection herewith. No failure of performance on the Common Areas part of any operator of the Building (cafeteria within the “Cafeteria”) (whether operated Cafeteria Space shall constitute a default by Landlord or by under the Lease. Tenant may change the operator of the Cafeteria at any time and at Tenant's cost; Tenant shall consult with Landlord in good faith to replace such operator with an independent contractor) for use by alternative qualified food service vendor. Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable discontinue operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than Space at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books any time and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to use the Cafeteria operatorSpace for other purposes permitted hereby, but on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use expiration or termination of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss)Lease, the Cafeteria operator will provide Tenant with a written statement of income Space and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. all equipment installed therein by Landlord agrees that it shall not permit the employees of any tenant as part of the Base Building that does not elect to participate in using the Cafeteria to have access to (or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord replacements thereto) shall be relieved from any obligation surrendered to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease TermLandlord in accordance with Section 12.1.

Cafeteria. A. Landlord and Tenant acknowledge that there is currently a cafeteria in Building One (the "Cafeteria"). Landlord hereby agrees that so long as at least 120.000 rentable square feet of the Property is leased and occupied. Landlord shall provide services cause the Cafeteria to be maintained and operated for the benefit of tenants of the Property. The cafeteria vendor and any changes or additions to the existing cafeteria located quality or type of food and service to be provided in the Common Areas Property shall be at the reasonable discretion of Landlord. The Cafeteria may be operated. at Landlord's election with a vendor /service provider or agent. The Cafeteria shall provide breakfast and lunch, hours of operation to be reasonably determined by Landlord from time to time. Notwithstanding the foregoing, Landlord acknowledges that Tenant will bear the largest portion of the Building Landlord's Operating Expenses and, accordingly, so long as the original Tenant shall directly lease and occupy at least fifty percent (50%) of the “Cafeteria”) (whether operated by Total Area of the Buildings, Landlord or by an independent contractor) for use by agrees to consult with Tenant and other tenants and occupants in the Building; providedevent that Landlord intends to make any substantial change in the Cafeteria or its operation from that existing on the date of this Lease, howeverwhich may include, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation without limitation, the size and layout, the identity of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator type and quality of which would be the number of Tenant’s employeesfood served, and the denominator hours of which would be operation. Although the total number of employees of tenants parties agree to act in the Building that have elected good faith in order to participate in use agree upon any of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month proposed changes aforesaid which are reasonably satisfactory to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amountboth Landlord and Tenant, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure it is understood and agreed that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment reasonable determination of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant Landlord with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect respect to participate in using the Cafeteria to have access to or use all aspects of the Cafeteria and its operation shall govern in the services provided there. Tenant may elect at event of any time during dispute between the Lease Term parties. B. Subject to stop paying such Cafeteria Pro Rata Share to reasonable rules and regulations promulgated by Landlord or the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria in accordance with Section 5.4 below, Tenant shall have access to the Cafeteria during all Cafeteria operating hours as may be reasonably determined by Landlord from time to time may modify time. In addition, Tenant shall have the hours non-exclusive right, in common with other tenants at the Property, and subject to Landlord's right to schedule such use to accommodate the needs of operationTenant and the other occupants of the Property, the menu or the method of service; provided, however, that to reserve the Cafeteria willon an as-needed basis for private meetings, functions, etc., after normal business hours upon Landlord's reasonable approval and at a minimumfee reasonably determined by Landlord from time to time, be open on Business Days for service of breakfast food from 7:30 a.m. which fee shall reflect any costs incurred in connection with providing such after-hours access. C. The cost to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. Landlord to 1:30 p.m. whenever operate the Cafeteria is required to shall be operational during the Lease Termincluded in Landlord's Operating Expenses.

Cafeteria. Tenant hereby acknowledges and agrees that Landlord shall provide services retain a food service operator for the operation of a cafeteria and/or food service establishment within the Building, which cafeteria and/or food service establishment may be equipped to furnish and/or serve, among other things, hot lunches and breakfasts at whatever rates or pricing such operator may elect to charge therefore. Landlord currently intends to locate the existing cafeteria located in the Common Areas portion of the Building (located as Exhibit J attached hereto. Landlord reserves the “Cafeteria”) (whether operated right to relocate the cafeteria. Tenant acknowledges that the operator need not be open for business until Tenant has accepted all of the Demised Premises and same is occupied by Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in a sufficient number of employees to justify the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria cafeteria. Tenant acknowledges that Landlord shall have no obligation to subsidize or support the cafeteria operator in any way. If the initial cafeteria operator shall close, Landlord shall use commercially reasonable efforts to locate a substitute operator subject to the terms hereof it being understood that if Landlord is sufficiently proven not able to Tenant to retain a substitute operator, or if providing a cafeteria is not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenantin Landlord’s reasonable review of Landlord’s books and operating records relating to the Cafeteriadetermination economically feasible, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any under no obligation to operate or provide a cafeteria. Tenant and its employees, guests and invitees may patronize such establishment provided however, such patronage shall be at the Cafeteria. The Tenant’s and/or patrons sole costs, election and risk and shall be subject to any and all reasonable rules and regulations as the operator of the Cafeteria such establishment may enact or impose from time to time may modify and the hours Landlord shall not be liable for any injury to person or property, or for loss, usury or damage by reason thereof. Tenant hereby expressly acknowledges and agrees that Landlord has made no representations and/or guarantees as to the quality, selection, safety and/or cost thereof and Landlord shall in no event be obligated to subsidize the cost of operation, the menu or the method cafeteria and/or of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease Termpatronage thereof.

Cafeteria. Landlord shall provide services to (a) From and after the existing cafeteria located in Occupancy Date, and continuing during the Common Areas of the Building (the “Cafeteria”) (whether operated by Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; providedTerm, subject, however, that if to the terms of this Section 11.10, Landlord shall operate a full service cafeteria facility (the "Cafeteria") located on the fifth (5th) floor of the Tower Building as more particularly shown on the preliminary plans attached hereto as Exhibit Q. The Cafeteria shall be available on a non-exclusive basis to all tenants of the Complex during the hours of 7:00 AM to 3:00 PM on Business Days. The Cafeteria operations shall be operated in a manner consistent with the Complex Standard and shall provide, at a minimum, the food and beverage services set forth on Exhibit Q. As consideration for Landlord’s agreement to locate the Cafeteria on the fifth (or such contractor as Landlord may employ5th) commercially reasonable operation floor of the Cafeteria is sufficiently proven to Tower Building, Tenant to not be economically viable (i.e.shall pay, incapable of operating other than at a net loss)throughout the Term, as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operatorAdditional Rent, on a monthly basis, its pro rata share the spread or difference, as reasonably estimated by Landlord, of the rent Landlord would have received had Landlord leased the Tower Building cafeteria space to an office tenant, as opposed to locating a cafeteria, as previously planned, in the Pavilion Building, but in no event shall Tenant be obligated to pay more than $0.25 per rentable square foot of the Premises (based on 415,256 rentable square feet) on a fraction, per annum basis. The costs and expenses incurred in connection with Cafeteria shall be subject to recoupment to the numerator extent permitted under Article 6 of which would be this Lease. Landlord shall reasonably confer with Tenant concerning the number selection of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building food service provider that have elected to participate in use of operates the Cafeteria (with any such final selection decision being Landlord's). If Tenant shall not be reasonably satisfied with the “Cafeteria Pro Rata Share”)) quality, variety and/or costs of the amount of money required each month food service provider, then Tenant may request and require Landlord, no more than once every (3) years, to permit competitively bid the Cafeteria operator’s operation service to break even; or (ii) elect not to pay such amountalternative, reputable providers, in which case case, any alternative food service provider shall be subject to Landlord reasonably conferring with Tenant concerning such selection (but with any final decision being Landlord's). (b) Notwithstanding anything to the contrary contained in this Lease, with respect to the services described in this Section 11.10, as well as those in Sections 11.11, 11.12 and 11.13, Landlord reserves the right to temporarily suspend such services when necessary by reason of accident or emergency, or applicable Requirements, temporary remodeling, casualty or condemnation losses, or any cause beyond Landlord's reasonable control. Landlord shall use commercially reasonable efforts to restore such services as soon thereafter as is reasonably practicable and in the event any such amenities and services will be relieved of the obligation temporarily unavailable due to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Shareany pre-planned and scheduled activities, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees reasonable advance notice of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria such planned and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease Termscheduled temporary unavailability.

Cafeteria. Landlord shall provide services operate or cause to be operated a cafeteria on the existing cafeteria located in the Common Areas first floor of the Building (the “"Cafeteria”) "), consisting of at least 6,000 square feet, which shall serve 50 breakfast and lunch, Monday through Friday (whether operated by excluding holidays [as defined in Section 5A]). As provided in Section 3, Landlord or by an independent contractor) for use by Tenant shall pay the cost of purchasing and other tenants installing the Generator and occupants the costs of improving and equipping the Cafeteria, provided such costs relating to the Generator and the Cafeteria do not exceed, in the Building; providedaggregate, however$380,000 (and if the costs exceed such amount, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable Tenant shall be responsible for the excess [subject to payment from the Allowance]). All fixtures, furniture and equipment used in the operation and maintenance of the Cafeteria is sufficiently proven shall be deemed to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review the property of Landlord’s books . All commercially reasonable costs and expenses incurred by Landlord in managing, operating records relating and maintaining the Cafeteria shall be included in Expenses. Landlord shall select an independent contractor or tenant to manage, operate and maintain the Cafeteria, at subject to Tenant’s election's reasonable approval thereto. If, then Landlord shall allow Tenant to either (i) elect to pay to after the initial opening of the Cafeteria, the operator or tenant of the Cafeteria operatorbreaches its operating agreement or such operating agreement expires or terminates, on Landlord shall, within 50 days thereafter, install a monthly basis, its pro rata share (based on a fraction, subsequent operator to resume the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use operations of the Cafeteria (or such longer period as may be necessary if Landlord, despite reasonable diligence, is unable to locate or install such successor). Landlord shall keep Tenant reasonably apprised of Landlord's progress in locating such successor. So long as Landlord is operating the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect Cafeteria, Tenant agrees not to pay such amountoperate a food service facility in the Premises for its employees (other than coffee makers and microwave ovens). At Tenant's request, in which case Landlord shall be relieved of cause the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any or tenant of the Building that does not elect cafeteria to participate cooperate with Tenant in using the Cafeteria to have access to or use of the Cafeteria establishing and the services provided there. following a program whereby Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days subsidizes certain costs for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required beverages to be operational during the Lease Termcharged by such operator or tenant to Tenant's employees.

Cafeteria. Landlord shall provide services and Tenant acknowledge that Tenant may elect to the existing construct a cafeteria located in the Common Areas of the Building (the “Cafeteria”) (whether operated by Landlord or by an independent contractor) Premises for use by Tenant Tenant's employees and invitees. Notwithstanding the provisions of Section 9M hereof, Landlord shall not grant to any other tenants and occupants lessee of space in the Building; provided, howeveror enter into any other contract granting, that if Landlord’s an exclusive right to dispense food or provide food service to the Building which limits or impairs in any way the right of Tenant to operate a cafeteria or similar food service facilities for its employees and invitees. Not less than four (or such contractor as Landlord may employ4) commercially reasonable operation months prior to the Construction Commencement Date, Tenant shall designate one floor of the Cafeteria Premises which Tenant is sufficiently proven considering using as a cafeteria by written notice to Tenant to not be economically viable (i.e.Landlord, incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either specify in such notice (i) elect to pay to the Cafeteria operatorproposed size of the cafeteria, on a monthly basis, its pro rata share and (based on a fraction, ii) the numerator of which would be the maximum number of persons who will be permitted to occupy the cafeteria at any time. Landlord and Tenant acknowledge that as a result of Tenant’s employees's election to construct a cafeteria, Landlord may have to make certain modifications to its Base Building plans and specifications to accommodate Tenant's cafeteria use of a portion of the denominator Premises, including provision for such items as one or more additional exit stairways down from the floor on which the cafeteria is located. The area of any floor space (whether within or outside of the Premises) within the Building which would is rendered unusable by reason of the use of a portion of the Premises as a cafeteria, including the floor area occupied by any additional exit stairways required to be the total number of employees of tenants constructed in connection with such cafeteria, shall be included in the Building that have elected to participate in use RSF of the Cafeteria Premises. Landlord shall, at its expense, install a black iron duct with dimensions of not less than two (2) feet by four (4) feet serving the “Cafeteria Pro Rata Share”)floor designated by Tenant, which Tenant shall be permitted to use in connection with the operation of a cafeteria in the Premises. Except as expressly provided in the immediately preceding sentence, any and all costs and expenses associated with the installation of a cafeteria in the Premises, including without limitation (i) of changes or modifications to plans for the amount of money required each month to permit the Cafeteria operator’s operation to break even; Building previously prepared for Landlord, or (ii) elect increases in the cost of constructing the Building occasioned by the use of a portion of the Premises as a cafeteria (whether or not to pay such amountincluded in the direct cost of the installation of the cafeteria), in which case Landlord shall be relieved of deducted from the obligation Allowance granted Tenant pursuant to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share Section 2B hereof or paid by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate as provided in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease TermSection 2E hereof."

Cafeteria. Landlord shall provide services to the existing 46.01. [Tenant, through a third-party operator, operates a cafeteria located in the Common Areas of the Building (herein called the “Cafeteria”) on the third (whether operated 3rd) floor of the Building.]***9 If requested by Landlord or but subject to Tenant’s consent, Landlord’s payment of the Cafeteria Charge and the other terms and conditions set forth in this Article 46, Tenant shall permit the Cafeteria to be used by an independent contractor) for use by Tenant and other tenants and occupants of the Building but only for so long as Tenant continues to operate the Cafeteria for its own use. Tenant shall not unreasonably withhold its consent to make the Cafeteria available to such other tenants in the Building; provided, howeverthat, that Tenant shall not be deemed to have unreasonably withheld its consent to permit such use by other tenants, if Landlord(i) in Tenant’s (or such contractor as Landlord sole judgment, the Cafeteria does not have sufficient capacity to accommodate other tenants in the Building, it being understood and agreed that, among other things, Tenant may employ) commercially reasonable operation take into account any supplemental use of the Cafeteria by any of Citibank Tenant’s employees occupying space at the Adjacent Parcel, (ii) any such other tenant is sufficiently proven a competitor of any Citibank Tenant, (iii) the use of the Cafeteria by persons other than employees of a Citibank Tenant would be a violation of any Citibank Tenant’s corporate policy, and (vi) for any other reasonable reason. To the extent consented to by Tenant, such other tenants of the Building shall have the right to use the Cafeteria on the same basis and at the same rates for food charged to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by and Tenant’s reasonable review of Landlord’s books and operating records relating employees. 46.02. Tenant shall have no obligation to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect continue to pay to operate the Cafeteria operator, on a monthly basis, its pro rata share and/or (based on a fraction, ii) continue to make the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of Cafeteria available to other tenants in the Building if Tenant, in its sole judgment, determines that have elected to participate in use of the Cafeteria does not have sufficient capacity as set for in clause (the i) of Section 46.01, and, Tenant may elect, in its sole discretion, upon written notice to Landlord (herein called a “Cafeteria Pro Rata ShareClosing Notice”), to cease to (i) of the amount of money required each month to permit operate the Cafeteria operator’s operation to break even; or (ii) elect not make the Cafeteria available to pay such amount, in which case Landlord shall be relieved other tenants of 9 If as of the obligation to provide an operational Surrender Date Tenant is no longer operating the Cafeteria, Article 46 should be deleted. If Tenant elects to pay its Cafeteria Pro Rata Sharethe Building, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect effective at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator term of the Cafeteria from time lease without liability of any kind to time may modify Landlord (and Landlord will indemnify Tenant with respect to any claims made by other tenants of the hours of operationBuilding), the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required such effective date to be operational during set forth in the Lease TermClosing Notice.

Cafeteria. Landlord shall provide services to To the existing extent permitted by the Underlying Document (as the same may be modified), the parties acknowledge that the Premises may contain a cafeteria located for use by Tenant and its employees, Transferees, independent contractors in the Common Areas of the Building Premises, and Permitted Occupants (the “Cafeteria”) (whether operated by ). Landlord or by an independent contractor) for use by acknowledges and agrees that Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the no obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to construct or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. To the extent that Tenant operates the Cafeteria, such operation shall be in compliance with all Applicable Laws and Tenant shall obtain and maintain the approval of all applicable governmental authorities and all necessary permits and licenses from such applicable governmental authorities, to operate the Cafeteria. No cooking odors shall be emitted from the Premises other than through ventilation equipment and systems installed therein to service the Cafeteria in accordance with the provisions of this Section 5.6. The operator Cafeteria shall be for the exclusive use of Tenant and its employees, Transferees, independent contractors in the Premises, and Permitted Occupants, and in connection with Tenant’s use of the Cafeteria, Tenant shall not sell any food or beverages in or from the Premises at any time and/or serve any food and beverages in or from the Premises at any time to the general public. Prior to making any alterations or improvements to the Premises and installing any cooking, ventilation, air conditioning, grease traps, kitchen and other equipment in or for the Premises with respect to the Cafeteria (collectively, the “Cafeteria Facilities”), Tenant shall deliver to Landlord, for Landlord’s prior approval, which shall not be unreasonably withheld (provided that it shall be deemed reasonable for Landlord to withhold its consent to the extent the Cafeteria does not comply with all Applicable Laws, or it adversely affects the Building Structure or the Building Systems, or the Cafeteria is not consistent with cafeterias located in Comparable Buildings), detailed plans and specifications therefor, and Tenant shall only install such Cafeteria Facilities (and make any subsequent modifications thereto) as are approved by Landlord in accordance with such plans and specifications therefor approved by Landlord. Except as expressly set forth to the contrary in this Lease, all of the Cafeteria Facilities shall be installed by Tenant, at its expense, subject to and in compliance with the provisions of Article 8 below and in compliance with all Applicable Laws and shall be considered an Alteration (as defined below). The Cafeteria and the Cafeteria Facilities therein shall be maintained and operated by Tenant, at Tenant’s expense: (i) in first-class order, condition and repair; (ii) consistent with the character of the Buildings as first class office buildings; and (iii) in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord from time to time may modify time, and the hours other provisions of this Lease. In accordance with the TCCs of Section 6.1.3 below, Tenant shall have the sole responsibility, at its expense, for providing all janitorial service (including wet and dry trash removal) for and cleaning of the Cafeteria (and the Cafeteria Facilities therein), as well as all exhaust vents therefor, and shall pay for all cleaning costs incurred by Landlord in cleaning any affected portions of the Buildings or Project resulting from Tenant’s operation of the Cafeteria. In addition, Tenant shall pay for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the menu or Buildings resulting from Tenant’s operation of the method Cafeteria, within thirty (30) days of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease Termreceiving an invoice therefor.

Cafeteria. Landlord Tenant shall have the right to construct, either as part of the initial Tenant Improvements or subject to the terms of Article 8, below, cafeteria space (the "Cafeteria") within the Premises. Tenant shall have the right to operate (or retain a qualified, reputable third-party vendor, reasonably approved by Landlord, to operate) the Cafeteria to provide food service to Tenant's employees and guests only, provided the Cafeteria shall be operated in a first-class manner, including, without limitation, the requirement that Tenant shall provide, at Tenant's sole cost and expense, janitorial services and pest control services to the existing cafeteria located Cafeteria space in a manner consistent with a similar first-class project. If and only to the Common Areas of the Building (the “Cafeteria”) (whether operated extent required by Landlord or by an independent contractor) for use by Applicable Laws, then Tenant shall be required to install grease traps, grease storage facilities and grease interceptors and other tenants similar equipment to service the cafeteria as well as kitchen exhaust systems to minimize odors and occupants in the Building; provided, however, that if Landlord’s (or such contractor to perform other sound attenuation measures as Landlord may employ) commercially reasonable operation reasonably require. Tenant shall be solely responsible for designing its Cafeteria in a manner that complies with all Applicable Laws. If Tenant is not permitted to install the Cafeteria by applicable governmental entities then Tenant shall redesign the area that would have been devoted to the Cafeteria so that it does so comply with such Applicable Laws or Tenant may elect to abandon its plans for the installation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord such area shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and used in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share manner that is dueotherwise in compliance with the Permitted Use. Tenant shall use commercially reasonable efforts to minimize any cooking odors emitted from the Premises other than through ventilation equipment and systems installed to service the cafeteria. Subject to the provisions of Section 5.2 above, Landlord hereby acknowledges and agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria normal and the services provided there. Tenant customary food odors may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify emanate from the hours Cafeteria. If applicable, Tenant shall use commercially reasonable efforts to maintain a food service rating of operation"A" (or such other highest department of health or other applicable governmental authority having jurisdiction or similar rating as is available). Tenant shall, at the menu or expiration of the method term of service; providedthis Lease, however, that remove all of the Cafeteria will, at a minimum, be open on Business Days for service improvements from the Premises unless Landlord notifies Tenant in writing no less than one hundred fifty (150) days prior to the expiration of breakfast food from 7:30 a.m. the Lease Term that Landlord will permit Tenant to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever leave the Cafeteria is required to be operational during improvements in place after the Lease end of the Term.

Cafeteria. Landlord shall provide services agrees that, so long as Tenant is the sole tenant occupying space at the Building, Tenant has the right, but not the obligation, to occupy and operate the existing cafeteria located in the Common Areas of the Building (the “Cafeteria”) as an appurtenance to the Premises, at Tenant’s sole cost and expense. Landlord and Tenant agree that, upon the occupancy at the Building of one or more additional tenants, Tenant shall relinquish to Landlord its rights to use and operate the Cafeteria and Landlord shall provide Cafeteria services (whether operated by Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to elect to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect elect, at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, provided however that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to through 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to through 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease Term.

Cafeteria. Landlord shall provide services to the existing cafeteria located in the Common Areas of the Building 26.1 Landlord, by itself, or through a contractor (the “CafeteriaCafeteria Operator”) shall use good faith, reasonable efforts to operate a restaurant in the Cafeteria for the use of Tenant, its employees and invitees, and the users of Building 10 and their employees and invitees. Tenant hereby approves Café Royale as the initial Cafeteria Operator. Landlord and Tenant agree to consult and reasonably agree as to the type and scope of services to be provided by the Cafeteria Operator, including the type and selection of menu items, hours of operation and whether catering services will be provided. Landlord agrees that any service contract with a Cafeteria Operator will include a right to terminate such contract upon thirty (whether operated 30) days notice. If Tenant is not satisfied with the services provided by the Cafeteria Operator, Landlord and Tenant will cooperate to change the services provided by the Cafeteria Operator to such services reasonably approved by Landlord or by an independent contractor) for use and Tenant. If Tenant remains dissatisfied, on a reasonable, but subjective basis, Landlord will find a replacement Cafeteria Operator. The replacement Cafeteria Operator and the scope of services such operator provides shall be approved by Tenant in advance, which approval shall not be unreasonably withheld. Once Tenant approves such replacement Cafeteria Operator and other tenants scope of services, Landlord shall enter into a service contract with such Cafeteria Operator and occupants in replace the Building; provided, however, that if then current Cafeteria Operator. If notwithstanding Landlord’s (reasonable, good faith efforts, Landlord cannot secure an operator for the Cafeteria satisfactory to Tenant, Landlord shall offer such operation to Tenant. In such event, Tenant may, at Tenant’s sole cost and expense, but with no adjustment to Base Rent or such contractor as Landlord may employ) commercially reasonable operation Rentable Area of the Project or Rentable Area of the Premises, operate the Cafeteria is sufficiently proven to Tenant to not be economically viable for the use of: (i.e.i) Tenant, incapable its employees and invitees; (ii) the occupants of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books Building 10 and operating records relating to the Cafeteria, their employees and invitees; and (iii) at Tenant’s election, then any other users of the Project and their employees and invitees. Landlord shall allow Tenant to either (i) elect to pay perform all necessary maintenance and repairs to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation The cost to operate the Cafeteria, after deducting sums collected in connection with the operation thereof, shall be Operating Costs. The operator of Any user other than Tenant, its employees and invitees shall enter the Cafeteria from time the Common Areas. Tenant shall be solely responsible to time may modify the hours of operation, the menu or the method of service; provided, however, that secure any entrance to the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entrée, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease TermPremises.

Cafeteria. Landlord shall provide services to the existing cafeteria located in the Common Areas of the Building (the “Cafeteria”) (whether operated by Landlord or by an independent contractor) for use by Tenant and other tenants and occupants in the Building; provided, however, that if Landlord’s (or such contractor as Landlord may employ) commercially reasonable operation of the Cafeteria is sufficiently proven to Tenant to not be economically viable (i.e., incapable of operating other than at a net loss), as may be confirmed by Tenant’s reasonable review of Landlord’s books and operating records relating to the Cafeteria, at Tenant’s election, then Landlord shall allow Tenant to either (i) elect to pay to the Cafeteria operator, on a monthly basis, its pro rata share (based on a fraction, the numerator of which would be the number of Tenant’s employees, and the denominator of which would be the total number of employees of tenants in the Building that have elected to participate in use of the Cafeteria (the “Cafeteria Pro Rata Share”)) of the amount of money required each month to permit the Cafeteria operator’s operation to break even; or (ii) elect not to pay such amount, in which case Landlord shall be relieved of the obligation to provide an operational Cafeteria. If Tenant elects to pay its Cafeteria Pro Rata Share, then Landlord shall ensure that the Cafeteria remains operational and in any such month when the Cafeteria operator requires payment of the Cafeteria Pro Rata Share by Tenant (i.e., operates at a net loss), the Cafeteria operator will provide Tenant with a written statement of income and expenses for Tenant’s review, along with Tenant’s Cafeteria Pro Rata Share that is due. Landlord agrees that it shall not permit the employees of any tenant of the Building that does not elect to participate in using the Cafeteria to have access to or use of the Cafeteria and the services provided there. Tenant may elect at any time during the Lease Term to stop paying such Cafeteria Pro Rata Share to the Cafeteria operator, at which such time Landlord shall be relieved from any obligation to operate the Cafeteria. The operator of the Cafeteria from time to time may modify the hours of operation, the menu or the method of service; provided, however, that the Cafeteria will, at a minimum, be open on Business Days for service of breakfast food from 7:30 a.m. to 9:30 a.m. and service of lunch meals (the lunch menu consisting of at least one hot entréeentree, a cold cut bar and a salad bar each day) from 11:30 a.m. to 1:30 p.m. whenever the Cafeteria is required to be operational during the Lease Term. Subject to Landlord’s approval (such approval not to be unreasonably withheld, conditioned or delayed) and reasonable rules and regulations, and the rights of others in common thereto, Tenant shall have the right to use the Cafeteria for meetings and other functions during those hours that the Cafeteria is not in operation at no additional charge.