Common use of Common Area Maintenance Clause in Contracts

Common Area Maintenance. Tenant shall be responsible for Tenant’s Prorata share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, and repeving); removal of snow; all utilities including water, gas and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs of cover Landlord’s management fees paid for the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Team, as additional rent due under the terms hereof, a sum equal to Tenant’s Prorata Share of the estimated costs for said twelve(12) month period, divided by 12. The estimated initial monthly costs are $7,835.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant.

Common Area Maintenance. Tenant shall be responsible for Tenant’s 's Prorata share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the tile HVAC systems (ssystem(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs of to cover Landlord’s 's management fees paid for the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s 's Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.00496.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s 's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease expiration or termination Landlord shall also determine Tenant's prorated Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its prorated Tenant's Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant’s 's Prorata share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and Ten percent (10%) of all such operational, maintenance and repair costs of to cover Landlord’s management fees paid for the property's administrative and overhead costs. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s 's Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.00$ 866.20. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s 's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Notwithstanding anything to the contrary contained in this Lease, in no event shall Tenant have any obligation to perform, to pay directly, or to reimburse Landlord for, all or any portion of the following repairs, maintenance, improvements, replacements, premiums, claims, losses, fees, commissions, charges, disbursements, attorneys' fees, costs and expenses (collectively, "Costs"): (i) Costs occasioned by the act, omission or violation of Law by Landlord, any other occupant of the Area, or their respective agents, employees or contractors, or Costs to correct any construction defect or other condition in the Leased Premises or the Building not in compliance with law as of the Commencement Date; (ii) Costs occasioned by fire, acts of God or other casualties, or by the exercise of the power of eminent domain; (iii) Costs which Tenant pays directly to a third person or for which Landlord has a right of reimbursement from others (iv) Costs (A) arising from the disproportionate use of any utility or service supplied by Landlord to any other occupant of the Area; or (B) associated with utilities and services of a type not provided to Tenant; (v) Costs related to Hazardous Materials, excepted to the extent the Cost is caused by the storage, use or disposal of the Hazardous Material in question by Tenant in violation of Hazardous Materials Laws; (vi) Costs incurred in connection with negotiations or disputes with other occupant(s) of the Area; (vii) depreciation, amortization or other expense reserves; (viii) interest, charges and fees incurred on dept, payments on mortgages and rent under ground leases; or (ix) wages, salaries, compensation and labor burden for any employee not stationed in the Area on a full-time basis, or any fee, profit or compensation retained by Landlord or its affiliates for management and administration of the Area in excess of the management fee which would be charged by a professional management service for operation of comparable projects in the vicinity of the Area. In addition, notwithstanding anything to the contrary contained in this Lease, within thirty (30) days after receipt by Tenant of Landlord's statement of Common Area costs for any prior calendar year during the Term, Tenant or its authorized representative shall have the right to inspect the books of Landlord during the business hours of Landlord at Landlord's office in the Area, or, at Landlord's option, such other location as Landlord reasonably may specify, for the purpose of verifying the information contained in the statement. Unless Tenant asserts specific error within thirty (30) days after receipt of the statement, the statement shall be deemed correct as between Landlord and Tenant, except as to individual components subsequently determined to be in error by a future audit.

Common Area Maintenance. Tenant shall be responsible for Tenant’s 's Prorata share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas gas, and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs of to cover Landlord’s 's management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s 's Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.00. 830.56 Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than an the estimated costs, the Tenant shall pay its Tenant’s 's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease expiration or termination Landlord shall also determine Tenant's prorated Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its prorated Tenant's Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant’s Prorata share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable)areas; trash removal; security to protect and secure the cost of securing the Area; , common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premisespremises and/or Building; the cost of maintaining in good working condition the elevator(s) for the Leased PremisesPremises and/or Building, if applicable; and costs of to cover Landlord’s management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.006,680.03. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's ’s excess payment to the Tenant. Additionally, upon Lease expiration or termination Landlord shall also determine Tenant’s prorated Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its prorated Tenant’s Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant’s share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant’s Prorata share 's Pro rata Share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and ten percent (10%) of all such operational, maintenance and repair costs of to cover Landlord’s management fees paid for the property's administrative and overhead costs. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s Prorata 's Pro rata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.00760.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s Prorata 's Pro rata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant.

Common Area Maintenance. Tenant shall be responsible for Tenant’s 's Prorata share of the total costs incurred for the operation, maintenance and repair of the Common AreasAreas actually paid for by Landlord, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas gas, and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and ten percent (10 %) of all such operational, maintenance and repair costs of to cover Landlord’s 's administrative and overhead costs subject to Tenant not having to pay a management fees paid for the propertyfee. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s 's Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.00779.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s 's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant.

Common Area Maintenance. Tenant shall be responsible for Tenant’s 's Prorata share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs of cover Landlord’s management fees paid for the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s 's Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.00. 2,383.00 Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s 's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease expiration or termination Landlord shall also determine Tenant's prorated Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its prorated Tenant's Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant’s 's Prorata share Share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas gas, and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premisesPremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs of to cover Landlord’s 's management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s 's Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.00$ 3,227.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s 's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant’s 's Prorata share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs of to cover Landlord’s 's management fees paid for the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s 's Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.001,350.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s 's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease expiration or termination Landlord shall also determine Tenant's prorated Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its prorated Tenant's Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant’s 's Prorata share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and Ten percent ( 10 %) of all such operational, maintenance and repair costs of to cover Landlord’s management fees paid for the property's administrative and overhead costs. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s 's Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.00$ 1,040.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s 's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant.

Common Area Maintenance. Tenant shall be responsible for Tenant’s 's Prorata share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping, restriping and repevingrepaving); removal of snow; all utilities including water, gas and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC systems (ssystem(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and Ten percent ( 10 %) of all such operational, maintenance and repair costs of to cover Landlord’s management fees paid for the property's administrative and overhead costs. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TeamTerm, as additional rent due under the terms hereof, a sum equal to Tenant’s 's Prorata Share of the estimated costs for said twelve(12twelve (12) month period, divided by 12. The estimated initial monthly costs are $7,835.00$ 866.20. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant’s 's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Notwithstanding anything to the contrary contained in this Lease, in no event shall Tenant have any obligation to perform, to pay directly, or to reimburse Landlord for, all or any portion of the following repairs, maintenance, improvements, replacements, premiums, claims, losses, fees, commissions, charges, disbursements, attorneys' fees, costs and expenses (collectively, "Costs"): (i) Costs occasioned by the act, omission or violation of Law by Landlord, any other occupant of the Area, or their respective agents, employees or contractors, or Costs to correct any construction defect or other condition in the Leased Premises or the Building not in compliance with law as of the Commencement Date; (ii) Costs occasioned by fire, acts of God or other casualties, or by the exercise of the power of eminent domain; (iii) Costs which Tenant pays directly to a third person or for which Landlord has a right of reimbursement from others (iv) Costs (A) arising from the disproportionate use of any utility or service supplied by Landlord to any other occupant of the Area; or (B) associated with utilities and services of a type not provided to Tenant; (v) Costs related to Hazardous Materials, excepted to the extent the Cost is caused by the storage, use or disposal of the Hazardous Material in question by Tenant in violation of Hazardous Materials Laws; (vi) Costs incurred in connection with negotiations or disputes with other occupant(s) of the Area; (vii) depreciation, amortization or other expense reserves; (viii) interest, charges and fees incurred on dept, payments on mortgages and rent under ground leases; or (ix) wages, salaries, compensation and labor burden for any employee not stationed in the Area on a full-time basis, or any fee, profit or compensation retained by Landlord or its affiliates for management and administration of the Area in excess of the management fee which would be charged by a professional management service for operation of comparable projects in the vicinity of the Area. In addition, notwithstanding anything to the contrary contained in this Lease, within thirty (30) days after receipt by Tenant of Landlord's statement of Common Area costs for any prior calendar year during the Term, Tenant or its authorized representative shall have the right to inspect the books of Landlord during the business hours of Landlord at Landlord's office in the Area, or, at Landlord's option, such other location as Landlord reasonably may specify, for the purpose of verifying the information contained in the statement. Unless Tenant asserts specific error within thirty (30) days after receipt of the statement, the statement shall be deemed correct as between Landlord and Tenant, except as to individual components subsequently determined to be in error by a future audit.