Common use of Common Area Charge Clause in Contracts

Common Area Charge. Tenant agrees to pay, as additional rental, a Common Area Charge equal to Tenant’s pro rata share of the Common Area Expenses. The Common Area Expenses shall include all of Landlord’s direct or indirect cost (including amortization, with interest at Landlord’s cost of funds, of capital expenditures, but only those incurred to comply with laws enacted after the Commencement Date or reasonably intended to materially reduce other Common Area Expenses; such amortization shall be over the useful life of the item in question) for operating, administering, managing, maintaining, repairing, protecting, conserving, replacing and improving (subject to the limitations set forth herein) the Center and all installations and facilities within the Center, other than those costs payable by a specific tenant of the Center pursuant to said tenant’s lease. Without limitation of the generality of the foregoing, Landlord’s cost shall include, but not to be limited to the following: lighting, cleaning, removing snow and ice from, painting, draining, insuring, securing, protecting, repairing, maintaining and replacing (to the extent permissible hereunder) installations, facilities, devices and systems within the Center (but any capital expenditures in connection therewith shall be subject to the first sentence above), taxes, wages, benefits and other expenses related to the Center, and a management fee not to exceed an amount equal to five percent (5%) of the total of gross rental revenues from the Center, excluding real estate taxes and such management fee. Tenant’s pro rata share of Landlord’s cost shall be based on the ratio which the total square feet of floor space of the Premises, including mezzanines, if any, bears to the total square feet of rentable floor space of all of the buildings in the Center, including mezzanines, but in no event less than 27,500 square feet. Landlord may adopt and change, from time to time, any reasonable method of computing or allocating the Common Area Expenses which is consistent with the above. Landlord may estimate Tenant’s Common Area Charges from time to time in which case Tenant shall pay said estimated Charges at such intervals as Landlord may direct. Any change in said estimate shall become effective thirty (30) days after written notice from Landlord of its determination under the provisions hereof. If the total amount paid by Tenant under this Article, for any calendar year during the term of this Lease, shall be less than the actual amount due from Tenant for such year, as shown on an annual statement from Landlord, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after demand therefor by Landlord. If the total amount paid by Tenant under this Article for any calendar year during the term of this Lease shall be greater than the actual amount due from Tenant for such year, Tenant shall be entitled to a credit against the next estimated Common Area Maintenance payments due equal to the difference between the amount paid by Tenant and the actual amount due. Common Area Expenses shall not include any of the items set forth in Exhibit H attached hereto. Tenant (or its independent certified public accountant) shall have the right, but not more often than one (1) time per year with respect to the immediately prior year’s Common Area Maintenance expenses, to review and/or audit Landlord’s determination of Tenant’s share of any Common Area Maintenance expenses during regular business hours upon at least ten (10) business days prior notice to Landlord. Such audit shall be limited to the determination of the Common Area Maintenance expenses and Tenant’s prorata share thereof and shall be conducted during regular business hours at Landlord’s offices. Tenant shall deliver a copy of such audit to Landlord promptly following Tenant’s receipt thereof. If Landlord’s determination on any statement is found by Tenant to be overstated by more than five percent (5%), Landlord shall pay the actual, reasonable, out-of-pocket costs and expenses cost incurred by Tenant with respect to such review and/or audit, not to exceed Five Hundred Dollars ($500.00).

Common Area Charge. Tenant agrees to pay, as additional rental, a Common Area Charge equal to Tenant’s pro rata share of the Common Area Expenses. The Common Area Expenses shall include all of Landlord’s direct or indirect cost (including amortization, with interest at Landlord’s cost of funds, of capital expenditures, but only those incurred to comply with laws enacted after the Commencement Date or reasonably intended to materially reduce other Common Area Expenses; such amortization shall be over the useful life of the item in question) for operating, administering, managing, maintaining, repairing, protecting, conserving, replacing and improving (subject to the limitations set forth herein) the Center and all installations and facilities within the Center, other than those costs payable by a specific tenant of the Center pursuant to said tenant’s lease. Without limitation of the generality of the foregoing, Landlord’s cost shall include, but not Premises to be limited to the following: lighting, cleaning, removing snow and ice from, painting, draining, insuring, securing, protecting, repairing, maintaining and replacing (to the extent permissible hereunder) installations, facilities, devices and systems demised are located within the Center (but any capital expenditures in connection therewith shall be subject to the first sentence above), taxes, wages, benefits and other expenses related to the Center, and a management fee not to exceed an amount equal to five percent (5%) of the total of gross rental revenues from the Center, excluding real estate taxes and such management feeoffice/industrial park known as Forsgate Industrial Complex. Tenant’s pro rata share of Landlord’s cost shall be based on the ratio which the total square feet of floor space of the Premises, including mezzanines, if any, bears to the total square feet of rentable floor space of all of the buildings in the Center, including mezzanines, but in no event less than 27,500 square feet. Landlord may adopt and change, from time to time, any reasonable method will incur various expenses to maintain the Park for the benefit of computing or allocating the Common Area Expenses which is consistent with the aboveall tenants. Landlord may estimate Tenant’s Common Area Charges from time to time in which case The Tenant shall pay said estimated Charges at such intervals three percent (3.0%) ("Tenant's Share") of the total costs and expenses incurred by Landlord in maintaining certain areas of the Park for items as follows: (i) the cost of maintaining Park signs and tenant directories; (ii) the cost of water, electricity and other utilities used in connection with the operation and maintenance of the Park and not part of any area demised to a tenant; (iii) the cost of insurance, including general liability insurance, which is carried by Landlord may direct. Any change in said estimate shall become effective thirty (30) days after written notice from Landlord of its determination and is usual and customary under the provisions hereof. If circumstances; (iv) other costs reasonably incurred by Landlord to maintain the total amount paid by Tenant under this ArticlePark or costs incurred for services benefiting all tenants or occupants of the Park which, for any calendar year during in the term reasonable opinion of this Lease, shall be less than the actual amount due from Tenant for such year, as shown on an annual statement from Landlord, are a service desirable to operate the Park. The cost of maintaining common facilities used by all tenants, such as common grass areas, boulevard dividers, curbing and lighting. Tenant shall pay to the Landlord the difference between the amount paid by Tenant and the actual amount dueas an additional charge, such deficiency to be paid within thirty (30) days after demand therefor by Landlord. If the total amount paid by Tenant under this Article for any calendar year during the term of this Lease shall be greater than the actual amount due from Tenant for such yearannually, Tenant shall be entitled to a credit against the next estimated Common Area Maintenance payments due equal to the difference between the amount paid by Tenant and the actual amount due. Common Area Expenses shall not include any of the items set forth in Exhibit H attached hereto. Tenant (or its independent certified public accountant) shall have the right, but not more often than one (1) time per year with respect to the immediately prior year’s Common Area Maintenance expenses, to review and/or audit Landlord’s determination of Tenant’s share of any Common Area Maintenance expenses during regular business hours upon at least ten (10) business days prior notice to Landlord. Such audit shall be limited to the determination of the Common Area Maintenance expenses and Tenant’s prorata share thereof and shall be conducted during regular business hours at Landlord’s offices. Tenant shall deliver a copy 's Share of such audit to Landlord promptly following Tenant’s receipt thereofcommon Park expenses for each calendar year. If Landlord’s determination on any statement is found by Tenant to be overstated by more than five percent (5%)At the end of each calendar year, Landlord shall pay the actual, reasonable, out-of-pocket costs and expenses cost incurred by furnish Tenant with respect to a statement called "Landlord's Expense Statement" setting forth in reasonable detail the common area Complex expenses for such review and/or auditcalendar year. Tenant's share of such charges shall not exceed, not to exceed Five Hundred on an annual basis, FIVE THOUSAND TWO HUNDRED FIFTY and NO/100 Dollars ($500.005,250.00), such sum adjusted to be increased per annum by the percentage increase, if any, of the cost of living from January 1, 1996 to December 31 of the year for which the bill is rendered by Landlord to Tenant. The cost of living increaxx xhall be measured by the Consumer Price Index for "All Items", the "Index" issued by the U.S. Department of Labor. In the event the Index is no longer issued or available or commonly used at the time a determination is to be made, the Landlord shall designate another index or criteria which will accurately reflect the increase in the cost of living which has occurred for the time period so to be determined. Tenant's Share of common area charges for Forsgate Industrial Complex, which shall become payable by Tenant during the calendar year in which this Lease commences or ends, shall be apportioned between Landlord and Tenant in accordance with the portion of such calendar year within the Term.

Common Area Charge. Tenant agrees to pay, as additional rental, a Common Area Charge equal to Tenant’s pro rata share of the Common Area Expenses. The Common Area Expenses shall include all of Landlord’s direct or indirect cost (including amortization, with interest at Landlord’s cost of funds, of capital expenditures, but only those incurred to comply with laws enacted after the Commencement Date or reasonably intended to materially reduce other Common Area Expenses; such amortization shall be over the useful life of the item in question) for operating, administering, managing, maintaining, repairing, protecting, conserving, replacing and improving (subject to the limitations set forth herein) the Center and all installations and facilities within the Center, other than those costs payable by a specific tenant of the Center pursuant to said tenant’s lease. Without limitation of the generality of the foregoing, Landlord’s cost shall include, but not Premises to be limited to the following: lighting, cleaning, removing snow and ice from, painting, draining, insuring, securing, protecting, repairing, maintaining and replacing (to the extent permissible hereunder) installations, facilities, devices and systems demised are located within the Center (but any capital expenditures in connection therewith shall be subject to the first sentence above), taxes, wages, benefits and other expenses related to the Center, and a management fee not to exceed an amount equal to five percent (5%) of the total of gross rental revenues from the Center, excluding real estate taxes and such management feeoffice/industrial park known as Forsgate Industrial Complex. Tenant’s pro rata share of Landlord’s cost shall be based on the ratio which the total square feet of floor space of the Premises, including mezzanines, if any, bears to the total square feet of rentable floor space of all of the buildings in the Center, including mezzanines, but in no event less than 27,500 square feet. Landlord may adopt and change, from time to time, any reasonable method will incur various expenses to maintain the Park for the benefit of computing or allocating the Common Area Expenses which is consistent with the aboveall tenants. Landlord may estimate Tenant’s Common Area Charges from time to time in which case The Tenant shall pay said estimated Charges at such intervals three percent (3.0%) (“Tenant’s Share”) of the total costs and expenses incurred by Landlord in maintaining certain areas of the Park for items as follows: (i) the cost of maintaining Park signs and tenant directories; (ii) the cost of water, electricity and other utilities used in connection with the operation and maintenance of the Park and not part of any area demised to a tenant; (iii) the cost of insurance, including general liability insurance, which is carried by Landlord may direct. Any change in said estimate shall become effective thirty (30) days after written notice from Landlord of its determination and is usual and customary under the provisions hereof. If circumstances; (iv) other costs reasonably incurred by Landlord to maintain the total amount paid by Tenant under this ArticlePark or costs incurred for services benefiting all tenants or occupants of the Park which, for any calendar year during in the term reasonable opinion of this Lease, shall be less than the actual amount due from Tenant for such year, as shown on an annual statement from Landlord, are a service desirable to operate the Park. The cost of maintaining common facilities used by all tenants, such as common grass areas, boulevard dividers, curbing and lighting. Tenant shall pay to the Landlord as an additional charge, annually, Tenant’s Share of such common Park expenses for each calendar year. At the difference between end of each calendar year, Landlord shall furnish Tenant with a statement called “Landlord’s Expense Statement” setting forth in reasonable detail the amount paid by Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after demand therefor by Landlord. If the total amount paid by Tenant under this Article for any calendar year during the term of this Lease shall be greater than the actual amount due from Tenant common area Complex expenses for such calendar year, Tenant shall be entitled to a credit against the next estimated Common Area Maintenance payments due equal to the difference between the amount paid by Tenant and the actual amount due. Common Area Expenses shall not include any of the items set forth in Exhibit H attached hereto. Tenant (or its independent certified public accountant) shall have the right, but not more often than one (1) time per year with respect to the immediately prior year’s Common Area Maintenance expenses, to review and/or audit Landlord’s determination of Tenant’s share of any Common Area Maintenance expenses during regular business hours upon at least ten (10) business days prior notice to Landlord. Such audit such charges shall be limited to the determination of the Common Area Maintenance expenses not exceed, on an annual basis, FIVE THOUSAND TWO HUNDRED FIFTY and Tenant’s prorata share thereof and shall be conducted during regular business hours at Landlord’s offices. Tenant shall deliver a copy of such audit to Landlord promptly following Tenant’s receipt thereof. If Landlord’s determination on any statement is found by Tenant to be overstated by more than five percent (5%), Landlord shall pay the actual, reasonable, out-of-pocket costs and expenses cost incurred by Tenant with respect to such review and/or audit, not to exceed Five Hundred NO/100 Dollars ($500.005,250.00), such sum adjusted to be increased per annum by the percentage increase, if any, of the cost of living from January 1, 1996 to December 31 of the year for which the xxxx is rendered by Landlord to Tenant. The cost of living increase shall be measured by the Consumer Price Index for “All Items”, the “Index” issued by the U.S. Department of Labor. In the event the Index is no longer issued or available or commonly used at the time a determination is to be made, the Landlord shall designate another index or criteria which will accurately reflect the increase in the cost of living which has occurred for the time period so to be determined. Tenant’s Share of common area charges for Forsgate Industrial Complex, which shall become payable by Tenant during the calendar year in which this Lease commences or ends, shall be apportioned between Landlord and Tenant in accordance with the portion of such calendar year within the Term.

Common Area Charge. Throughout the term of this Lease, Tenant agrees shall pay to payLandlord, as additional rental, a "Common Area Charge equal to Charge", Tenant’s pro rata 's share of all costs and expenses of every kind and nature paid or incurred by Landlord in (a) operating, maintaining, refurbishing, replacing, improving, repairing and lighting the Common Area Expenses. The Common Area Expenses shall include all Areas located in the shopping center which are available for use in common by occupants of Landlord’s direct or indirect cost the shopping center and/or their customers and invitees, (including amortizationb) operating, with interest at Landlord’s cost of fundsmaintaining, of capital expendituresrefurbishing, but only those incurred to comply with laws enacted after repairing, replacing (the Commencement Date or reasonably intended to materially reduce other Common Area Expenses; such amortization yearly depreciation for any replacement costs shall be over chargeable to tenants), improving and lighting the useful life service areas, garbage and refuse disposal facilities, shopping center maintenance and storage room, loading area and all other areas and facilities located in the shopping center which are used in the maintenance and operation of the item in questionshopping center, (c) for operating, administering, managing, maintaining, repairing, protecting, conserving, replacing (the yearly depreciation for any replacement costs shall be chargeable to tenants) and improving the shopping center signs and (subject to the limitations set forth hereind) the Center providing security and all installations on- and facilities within the Center, other than those costs payable by a specific tenant of the Center pursuant to said tenant’s leaseoff-site traffic control. Without limitation of the generality of the foregoing, Landlord’s cost Such expenses shall include, but not to be limited to the following: lightingcosts of on-site management and supervision, cleaning, removing refurbishing, repairing, maintaining, replacing (the yearly depreciation for any replacement costs shall be chargeable to tenants) and improving (but less the amount of any insurance proceeds, or condemnation awards), lighting, snow and ice fromremoval and control, line painting, draininglandscaping, insuringproviding security, securingproviding public liability, protectingproperty damage, fire and extended coverage on the common facilities and such other insurance as Landlord deems appropriate, total compensation and benefits (including premiums for worker's compensation and other insurance) paid to or on behalf of on-site employees; personal property taxes; supplies, fire protection and fire hydrant charges; water and sewer charges, utility charges, licenses and permit fees; parking area surcharges or levies, reasonable depreciation of equipment used in operating, maintaining, refurbishing, repairing, maintaining replacing and replacing (to improving the extent permissible hereunder) installations, facilities, devices Common Areas and systems within service areas and rent paid for the Center (but leasing of any capital expenditures in connection therewith shall be subject to the first sentence above), taxes, wages, benefits and other expenses related to the Centersuch equipment, and a management fee not to exceed an amount administrative charges equal to five fifteen percent (515%) of the total of gross rental revenues from all the Centerforegoing items for Landlord's overhead expenses in administrating the Common Areas and facilities and service areas. Provided however, excluding real estate taxes and such management fee. Tenant’s pro rata share that as to the replacement or installation of Landlord’s cost shall be based capital items in or on the ratio which the total square feet of floor space common and service areas or of the Premisescommon facilities, including mezzaninesthe actual costs and expenses thereof will be amortized over a five year period following such replacement or installation, except if any, bears Landlord is required under generally accepted accounting principles to the total square feet of rentable floor space of all of the buildings in the Center, including mezzanines, but in no event less depreciate any such capital items over a period longer than 27,500 square feet. Landlord may adopt and change, from time to time, any reasonable method of computing or allocating the Common Area Expenses which is consistent with the above. Landlord may estimate Tenant’s Common Area Charges from time to time 5 years in which case Tenant such longer period shall pay said estimated Charges at such intervals as Landlord may direct. Any change in said estimate shall become effective thirty (30) days after written notice from Landlord of its determination under be used for the provisions hereof. If the total amount paid by Tenant under this Article, for any calendar year during the term purposes of this Lease, shall be less than the actual amount due from Tenant for such year, as shown on an annual statement from Landlord, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after demand therefor by Landlord. If the total amount paid by Tenant under this Article for any calendar year during the term of this Lease shall be greater than the actual amount due from Tenant for such year, Tenant shall be entitled to a credit against the next estimated Common Area Maintenance payments due equal to the difference between the amount paid by Tenant and the actual amount due. Common Area Expenses shall not include any of the items set forth in Exhibit H attached hereto. Tenant (or its independent certified public accountant) shall have the right, but not more often than one (1) time per year with respect to the immediately prior year’s Common Area Maintenance expenses, to review and/or audit Landlord’s determination of Tenant’s share of any Common Area Maintenance expenses during regular business hours upon at least ten (10) business days prior notice to Landlord. Such audit shall be limited to the determination of the Common Area Maintenance expenses and Tenant’s prorata share thereof and shall be conducted during regular business hours at Landlord’s offices. Tenant shall deliver a copy of such audit to Landlord promptly following Tenant’s receipt thereof. If Landlord’s determination on any statement is found by Tenant to be overstated by more than five percent (5%), Landlord shall pay the actual, reasonable, out-of-pocket costs and expenses cost incurred by Tenant with respect to such review and/or audit, not to exceed Five Hundred Dollars ($500.00)Section.

Common Area Charge. Tenant agrees to pay, as additional rental, a Common Area Charge equal to Tenant’s pro rata share of the Common Area Expenses. The Common Area Expenses shall include all of Landlord’s direct or indirect cost (including amortization, with interest at Landlord’s cost of funds, of capital expenditures, but only those incurred to comply with laws enacted after the Commencement Date or reasonably intended to materially reduce other Common Area Expenses; such amortization shall be over the useful life of the item in question) for operating, administering, managing, maintaining, repairing, protecting, conserving, replacing and improving (subject to the limitations set forth herein) the Center and all installations and facilities within the Center, other than those costs payable by a specific tenant of the Center pursuant to said tenant’s lease. Without limitation of the generality of the foregoing, Landlord’s cost shall include, but not Premises to be limited to the following: lighting, cleaning, removing snow and ice from, painting, draining, insuring, securing, protecting, repairing, maintaining and replacing (to the extent permissible hereunder) installations, facilities, devices and systems demised are located within the Center (but any capital expenditures in connection therewith shall be subject to the first sentence above), taxes, wages, benefits and other expenses related to the Center, and a management fee not to exceed an amount equal to five percent (5%) of the total of gross rental revenues from the Center, excluding real estate taxes and such management feeoffice/industrial park known as Forsgate Industrial Complex. Tenant’s pro rata share of Landlord’s cost shall be based on the ratio which the total square feet of floor space of the Premises, including mezzanines, if any, bears to the total square feet of rentable floor space of all of the buildings in the Center, including mezzanines, but in no event less than 27,500 square feet. Landlord may adopt and change, from time to time, any reasonable method will incur various expenses to maintain the Park for the benefit of computing or allocating the Common Area Expenses which is consistent with the aboveall tenants. Landlord may estimate Tenant’s Common Area Charges from time to time in which case The Tenant shall pay said estimated Charges at such intervals three percent (3.0%) ("Tenant's Share") of the total costs and expenses incurred by Landlord in maintaining certain areas of the Park for items as follows: (i) the cost of maintaining Park signs and tenant directories; (ii) the cost of water, electricity and other utilities used in connection with the operation and maintenance of the Park and not part of any area demised to a tenant; (iii) the cost of insurance, including general liability insurance, which is carried by Landlord may direct. Any change in said estimate shall become effective thirty (30) days after written notice from Landlord of its determination and is usual and customary under the provisions hereof. If circumstances; (iv) other costs reasonably incurred by Landlord to maintain the total amount paid by Tenant under this ArticlePark or costs incurred for services benefiting all tenants or occupants of the Park which, for any calendar year during in the term reasonable opinion of this Lease, shall be less than the actual amount due from Tenant for such year, as shown on an annual statement from Landlord, are a service desirable to operate the Park. The cost of maintaining common facilities used by all tenants, such as common grass areas, boulevard dividers, curbing and lighting. Tenant shall pay to the Landlord the difference between the amount paid by Tenant and the actual amount dueas an additional charge, such deficiency to be paid within thirty (30) days after demand therefor by Landlord. If the total amount paid by Tenant under this Article for any calendar year during the term of this Lease shall be greater than the actual amount due from Tenant for such yearannually, Tenant shall be entitled to a credit against the next estimated Common Area Maintenance payments due equal to the difference between the amount paid by Tenant and the actual amount due. Common Area Expenses shall not include any of the items set forth in Exhibit H attached hereto. Tenant (or its independent certified public accountant) shall have the right, but not more often than one (1) time per year with respect to the immediately prior year’s Common Area Maintenance expenses, to review and/or audit Landlord’s determination of Tenant’s share of any Common Area Maintenance expenses during regular business hours upon at least ten (10) business days prior notice to Landlord. Such audit shall be limited to the determination of the Common Area Maintenance expenses and Tenant’s prorata share thereof and shall be conducted during regular business hours at Landlord’s offices. Tenant shall deliver a copy 's Share of such audit to Landlord promptly following Tenant’s receipt thereofcommon Park expenses for each calendar year. If Landlord’s determination on any statement is found by Tenant to be overstated by more than five percent (5%)At the end of each calendar year, Landlord shall pay the actual, reasonable, out-of-pocket costs and expenses cost incurred by furnish Tenant with respect to a statement called "Landlord's Expense Statement" setting forth in reasonable detail the common area Complex expenses for such review and/or auditcalendar year. Tenant's share of such charges shall not exceed, not to exceed Five Hundred on an annual basis, FIVE THOUSAND TWO HUNDRED FIFTY and NO/100 Dollars ($500.005,250.00), such sum adjusted to be increased per annum by the percentage increase, if any, of the cost of living from January 1, 1996 to December 31 of the year for which the xxxx is rendered by Landlord to Tenant. The cost of living increase shall be measured by the Consumer Price Index for "All Items", the "Index" issued by the U.S. Department of Labor. In the event the Index is no longer issued or available or commonly used at the time a determination is to be made, the Landlord shall designate another index or criteria which will accurately reflect the increase in the cost of living which has occurred for the time period so to be determined. Tenant's Share of common area charges for Forsgate Industrial Complex, which shall become payable by Tenant during the calendar year in which this Lease commences or ends, shall be apportioned between Landlord and Tenant in accordance with the portion of such calendar year within the Term.

Common Area Charge. Landlord hereby grants to Tenant non-exclusive right, in common with Landlord and others granted such right by Landlord, to use all of the Common Areas within or about the Center. Landlord reserves the right to change, alter, add to, reduce or modify the size, location, nature or use of the Common Areas or components thereof from that shown on EXHIBIT “A” hereto and/or to develop portions thereof as out parcels, at any time and from time to time during the Term hereof. Landlord hereby also reserves the right to designate and to re-designate areas for employee parking, and Tenant agrees to pay, cause all of its personnel to utilize the same. (a) Tenant shall pay Landlord on or before the first day of each calendar month as additional rental, rental a common area maintenance charge equal to the greater of: (1) one-twelfth of a minimal charge of FIFTY FIVE cents (.550) per square foot of the Premises or (2) one-twelfth of Tenant’s pro-rata share of the Annual Common Area Charge equal Expense. If the actual annual expenses incurred by Landlord are greater than the sums paid pursuant to the above provision, then Tenant shall immediately pay Landlord the total amount of Tenant’s pro rata share of the amount of the actual common area expenses in excess of the sums paid by Tenant attributable to the same period. When used herein, the “Annual Common Area Expenses. The Expense” shall mean the actual or estimated total annual cost of operating and maintaining the Common Area Expenses and facilities of the Center. Annual Common Area Expense shall include include, for example and without limitation, the following: (1) all costs of Landlord’s direct or indirect cost labor, materials, insurance premiums and deductibles (if paid), supplied, equipment, tools and services for the management, operation, maintenance and repair of the Center, including all property management fees; (2) all real estate taxes, assessments and other governmental levies and charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind and nature (including amortizationany interest on such assessments whenever the same are permitted to be paid in installments) which may presently or hereafter be imposed, with interest at Landlord’s cost levied, assessed or confirmed by any lawful taxing authorities or which may become due and payable out of fundsor for, or which may become a lien or charge upon or against the whole, or any part, of capital expenditures, but only those incurred to comply with laws enacted after the Commencement Date or reasonably intended to materially reduce other Common Area Expenses; such amortization shall be over the useful life of the item in question) for operating, administering, managing, maintaining, repairing, protecting, conserving, replacing and improving (subject to the limitations set forth herein) the Center and all installations and facilities within other improvements now or at any time during the Center, other than those costs payable by Term constituting a specific tenant part of the Center pursuant to said tenant’s lease. Without limitation of the generality of the foregoing, Landlord’s cost shall include, but not to be limited to the following: lighting, cleaning, removing snow and ice from, painting, draining, insuring, securing, protecting, repairing, maintaining and replacing (to the extent permissible hereunder) installations, facilities, devices and systems within the Center (but any capital expenditures in connection therewith shall be subject to the first sentence above), taxes, wages, benefits and other expenses related to the Center, and any taxes in lieu or in substitution thereof which, as to the incidence thereof would be payable even if the Center was the sole property of Landlord subject thereto and even if the income of Landlord from the Center was the sole income of Landlord subject thereto (all of which real estate taxes, assessments, levies, charges and costs are hereafter collectively referred to as “Taxes”); Landlord shall have the sole, absolute and unrestricted right, but not the obligation, to contest the validity or amount of the Taxes by appropriate proceedings and the costs thereof shall be included in Annual Common Area Expense, and Landlord shall have the sole, absolute and unrestricted right to settle any contest, proceeding or action upon whatever terms Landlord may, in its sole discretion, determine; and (3) the cost, amortized over such reasonable period as Landlord shall determine, together with interest at a management fee not to exceed an amount rate equal to five a rate of two percent (52%) per annum above the prime rate charged by Bank of America in Atlanta, Georgia from time to time (but in no event greater than the total maximum rate of gross rental revenues from interest permitted by Georgia law upon such indebtedness) on the unamortized balance, of any capital improvements or structural alterations made to the Center by Landlord that reduces or limits costs of any item of operating expenses, or which are required under any governmental law or regulation or by Landlord’s insurance carrier. Annual Common Area Expense shall not include costs of tenant improvements, real estate broker’s commissions, interest directly related to financing the Center, excluding real estate taxes costs of services directly recoverable from tenants in the Center and capital items, except the cost of capital improvements specified above. At any time and from time to time the Landlord shall be entitled to compute and adjust the total Annual Common Area Expenses based on such management fee. estimated expenses and notify Tenant of such adjustment in computation and thereafter Tenant’s pro rata share of Landlord’s cost shall be based computed on the ratio which basis of the adjusted Annual Common Area Expenses. When used herein, “pro rata share” shall mean a fraction having the total square feet of floor space footage of the Premises, including mezzanines, if any, bears to Premises as its numerator and its denominator the total Gross Leaseable Area of the Center. For any calendar year or partial calendar year the “Gross Leaseable Area” shall be the average of the total square feet footage of rentable floor space of all of the buildings located in the CenterCenter that are completed and ready for rental to Tenants during the current Lease Year. (b) Landlord, including mezzaninesmay, but in no event less than 27,500 square feet. Landlord may adopt at its sole option at any time and change, from time to time, do any reasonable method of computing one or allocating the Common Area Expenses which is consistent with the above. Landlord may estimate Tenant’s Common Area Charges from time to time in which case Tenant shall pay said estimated Charges at such intervals as Landlord may direct. Any change in said estimate shall become effective thirty (30) days after written notice from Landlord of its determination under the provisions hereof. If the total amount paid by Tenant under this Article, for any calendar year during the term of this Lease, shall be less than the actual amount due from Tenant for such year, as shown on an annual statement from Landlord, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after demand therefor by Landlord. If the total amount paid by Tenant under this Article for any calendar year during the term of this Lease shall be greater than the actual amount due from Tenant for such year, Tenant shall be entitled to a credit against the next estimated Common Area Maintenance payments due equal to the difference between the amount paid by Tenant and the actual amount due. Common Area Expenses shall not include any more of the items set forth in Exhibit H attached hereto. Tenant (or its independent certified public accountant) shall have the right, but not more often than one (1) time per year following with respect to the immediately prior year’s land, buildings, improvements and/or Common Area Maintenance expensesAreas which are now or hereafter a part of the Center: (i) construct alterations therein; (ii) construct additions or modifications thereto, or otherwise add thereto or remove therefrom; (iii) construct additional stores thereon; (iv) construct additional buildings, free standing or connected to review and/or audit Landlord’s determination of Tenant’s share of the then existing buildings; (v) construct deck or elevated parking facilities, free standing or connected to the then existing buildings; or (vi) rearrange, build upon or eliminate any Common Area Maintenance expenses during regular business hours upon at least ten (10) business days prior notice to Landlord. Such audit shall be limited to the determination of the Common Area Maintenance expenses and Tenant’s prorata share thereof and shall be conducted during regular business hours at Landlord’s offices. Tenant shall deliver a copy of such audit to Landlord promptly following Tenant’s receipt thereof. If Landlord’s determination on any statement is found by Tenant to be overstated by more than five percent (5%)Areas, Landlord shall pay the actual, reasonable, out-of-pocket costs and expenses cost incurred by Tenant with respect to such review and/or audit, not to exceed Five Hundred Dollars ($500.00)buildings or improvements.