Common use of Common Area Maintenance Clause in Contracts

Common Area Maintenance. Landlord will maintain or cause to be maintained the Common Areas and Tenant will reimburse Landlord for Tenant’s prorata share of the cost of such maintenance as hereinafter provided. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s prorata share of such Common Area expenses in the following manner: (1) From and after the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costs. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.

Common Area Maintenance. Landlord will In addition to the rent and other payments Lessee agrees to make under this Lease, Lessee agrees to pay monthly in advance Lessee's proportionate share, as determined hereinafter estimated by Lessor, the costs to operate, maintain or cause to be maintained and manage the Common Areas and Tenant will reimburse Landlord for Tenant’s prorata share of the cost of such maintenance as hereinafter provided. (a) Property. The Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs and Areas expenses shall include, but shall not be limited to upkeepwithout limitation, exterior the cost of the roof repairs, snow removal water and sewer use fees, security and fire control systems, lighting, painting, repairsrepairing, replacements replacing, cleaning and improvements in the Common Areasheating and air conditioning enclosed areas, snow removalspecifically including landscaping and gardening, sweeping parking lot, line painting, traffic control, sanitary control, liability and cleanupother insurance premiums, depreciation allowance on any cost of all rentals of machinery and equipment owned by Landlord and used in connection therewithmaintenance and operation, utility services including fire line water service chargesthe cost of personnel to implement those services, premiums for public liabilityto direct parking and to police the common areas, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose management fees not exceeding 5% of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in questiongross rentals collected. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s prorata share of such Common Area expenses in the following manner: (1) From and Within 60 days after the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costs. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord Lessor shall furnish Tenant give Lessee a statement covering of all costs and expenditures as enumerated in this Section and a determination of Lessee's proportionate share, the calendar year just expired, showing product of the mathematical equation obtained by multiplying the invoice amount by a fraction (i) the numerator being the total operating costs, the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area square feet in the Demised Premises bears to Leased Premises, (ii) the denominator being the total number of square feet of gross leasable area the floor areas of buildings all the Buildings in the entire Development which are Property (it is agreed that the Lessee's original proportionate share is 2.9%). If the amount actually paid by Lessee is less than its proportionate share for that calendar year, the balance shall be paid within 10 days after the statement is sent to Lessee, or in the alternative, any payment made by the Lessee in excess of its share shall be credited to the next sums due from time to time completed and occupied as Lessee under this Section. The statement shall also contain a determination by Lessor of the commencement monthly sum to be paid by Lessee during the succeeding months of each the next calendar year, which determination shall be based in part on the statement of expense for the preceding year modified by any anticipated increases in the cost of those services.

Common Area Maintenance. Landlord will maintain or cause to be maintained the Common Areas and Tenant will reimburse Landlord for Tenant’s prorata 's prorate share of the cost of such maintenance as hereinafter providedxxxxxded. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs cost and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, payroll and payroll costs, utility services including fire line water service charges, police protection, night watchmen, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and,, for improvements, improvements on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s prorata 's prorate share of such Common common Area expenses in the following mannerxxxxxx: (1) From and after the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s 's proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s 's experience and reasonably anticipated costs. (See Lease Rider “"A” " Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s prorata 's prorate share of such Common Area common area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. 1. If Tenant’s prorata 's prorate share of such Common Area common area expenses exceeds Tenant’s payments 's xxxxxxts so made, Tenant shall pay Landlord the deficiency within with ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata 's prorate share of such Common Area common area expenses, Tenant shall be entitled xxxxxxed to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. 1. Tenant’s pro-rata 's prorate share of the total Common Area common area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.

Common Area Maintenance. Landlord will maintain or cause has provided at its cost, water, sewer and electricity into the premises and has provided telephone service connections to be maintained the Common Areas and Tenant will reimburse Landlord for Tenant’s prorata share rear of the cost of such maintenance as hereinafter provided. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accountingpremises. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent a monthly common area maintenance charge which will be used for payment of, but not limited to: landscape maintenance, and electricity for common area lighting. For the term of the lease, Tenant shall pay its prorata share of common area maintenance and utilities estimated for that year. The Tenant's prorata share shall be defined as the ratio of the number for that year. The Tenant's prorata share shall be defined as the ratio of the number of square feet in the leased premises to Landlordthe number of square feet in the Center (67,982 square feet). Estimated expenses shall be derived from a Common Area Budget for the Center to be prepared and made available by Landlord before December 15 of the year preceding the year to be estimated. Landlord estimates the common area maintenance charge for the first lease year to be $.32 per square foot. On or after the 15th day of January of each year, or if the figures are not available on said date, then as soon thereafter as the information is readily available, Landlord shall make adjustment by notifying the Tenant in writing of Tenant's prorata share (as defined above) of any surplus or deficit comparing the previous year's Common Area Budget for the Center with actual common area expenditures. If a surplus has occurred, Tenant’s 's pro rata share of such surplus shall be credited against future common area payments due from Tenant until much credit is discharged. If a deficit has occurred, Tenant's prorata share of such Common Area expenses in the following manner: (1) From and after the date the minimum rental provided for herein credit is discharged. If a deficit has commencedoccurred, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate 's prorata share of common area services and expenses, which amount may such deficit shall be adjusted by payable to the Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costs. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within as additional rent within thirty (30) days following after notification and documentation showing calculation of such deficit are presented to Tenant. Should the lease begin on a day other than January 1, or end of each calendar year, Landlord shall furnish Tenant on a statement covering the calendar year just expired, showing the total operating costsday other than December 31, the amount above adjustment shall be prorated on a 365 day per year basis. For the purpose of Tenant’s prorata share this adjustment, this paragraph shall survive the termination of such Common Area expenses this lease, for as long as necessary for such calendar year and the payments made by Tenant with respect adjustment to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so be made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.

Common Area Maintenance. Landlord will maintain or cause In addition to be maintained the Common Areas base rent above provided, and Tenant will reimburse Landlord for Tenant’s prorata as additional lease rent, Lessee shall pay its proportionate share of the cost of such operation and maintenance as hereinafter provided. of the common area (a) collectively "common area maintenance costs"). Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year proportioned based on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount ground floor square footage of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) Leased Premises and the ground floor square footage of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s prorata share Warehouse. The ground floor square footage of such Common Area expenses in the following manner: (1) From and after Leased Premises is 35,730 square feet. The ground floor square footage of the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s Warehouse is 108,000. Lessee's proportionate share of the common area services and expensesmaintenance costs shall be 33.08 percent. Common area is defined for all purposes of this lease as part of the Warehouse intended for the common use of all lessees, which amount including among other facilities (as such may be adjusted applicable to the Warehouse) parking area, private streets and alleys, landscaping, curbs, curb cuts, loading area, sidewalks, lighting facilities and pylon signs. Lessor agrees to maintain the common area in good condition and repair, ordinary wear and tear excepted. Lessor's cost of operation shall mean the costs and expense of operating, maintaining, and managing the common area in a manner deemed by Landlord by notice Lessor to Tenant at be reasonable and appropriate and for the end best interests of the Warehouse including, without limitation, all costs and expense of operating, maintaining, repairing or replacing the parking lot, sweeping, stripping, patching or resurfacing, landscape mowing, replanting and replacing flowers, shrubbery and planters, watering landscape areas, security service for the Warehouse, if any calendar month on is provided, maintenance, repairing and electric expenses of the basis pylon sign, exterior building painting, electric expense for parking lot lighting, replacement of Landlord’s experience light bulbs and reasonably anticipated costsother common area lighting. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata Lessee's share of the total Common Area expenses for the previous calendar year cost of common area maintenance costs shall be that paid in the same manner as Lessee's share of taxes and insurance. The first year's estimate of Lessee's portion of all such expenses which is equal taxes, insurance and common area maintenance for that period from the Commencement Date to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar yearnext following December 31 is $3,390.00 per month.

Common Area Maintenance. Landlord will maintain or cause i. Tenant agrees to be maintained pay, as Additional Rent, Tenant's Pro Rata Share of the Common Areas Area Maintenance Expenses. At or prior to the commencement of the Lease, and at any time during the Lease Term, Landlord may deliver to Tenant will reimburse a written estimate of the Common Area Maintenance, and the monthly Rent shall be increased by one-twelfth (1/12) of said estimated Additional Rent. In the case of a multi-building Project, if such Project's Common Area Maintenance is not separately assessed against the Building but are assessed against the Project as a whole, Landlord shall reasonably determine the portion of such Project's Common Area Maintenance allocable to the Building in which the Leased Premises are located. ii. Common Area Maintenance shall mean all expenses incurred by Landlord for Tenant’s prorata share the maintenance, repair, and operation of the cost Project (excluding only structural soundness of such maintenance as hereinafter provided. (a) Common area maintenance costs the roof, foundation, and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs and expenses shall includeexterior walls), including but shall not be limited to upkeepmanagement fees, common area utilities, maintenance and repair, common area mechanical systems (if Landlord provides maintenance services), system surveys, supplies, material, water and sewer, common area janitorial services, exterior paintinglighting maintenance, maintenance of elevators, where applicable, and common area mechanical systems, supplies, maintenance equipment, tools used in Project, landscaping, trash, security, wages and fringe benefits payable to employees of Landlord whose duties are connected with the operation and maintenance of the Project, amounts paid to contractors or subcontractors for work or services performed in connection with the operation and maintenance of the Project, all services, supplies, repairs, replacements or other expenses for maintaining, repairing and operating the Project including, without limitation, common areas and parking areas and roof, exterior walls and foundation work that is not related to structural soundness. It shall include landscape maintenance, landscape irrigation repairs, pest and rodent control, parking lot repairs and maintenance, parking lot sweeping, exterior lighting, exterior signage and roof repair and maintenance. Common Area Maintenance does not include the cost of any capital improvement to the Project other than the reasonably amortized cost of capital improvements which result in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage and fire reduction of insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development andMaintenance Expenses. Further, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s prorata share of such Common Area expenses in the following manner: (1) From and after the date the minimum rental provided for herein has commencedMaintenance shall not include repair, but subject to adjustment as hereinafter in this subparagraph (1) providedrestoration or other work occasioned by fire, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costs. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant windstorm or other casualty with respect to such calendar year as set forth which Landlord actually receives insurance proceeds, income and franchise taxes of Landlord, expenses or commissions incurred in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so madeprocuring and leasing to tenants, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion renovating of all such expenses which is equal space for new tenants, interest or principal payments on any mortgage or other indebtedness of Landlord, compensation paid to any employee of Landlord above the proportion which the number grade of square feet of gross leasable area building superintendent, or depreciation allowance or expense, and those additional costs included in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.Exhibit E.

Common Area Maintenance. Landlord will maintain or cause to be maintained the Common Areas and Tenant will reimburse Landlord for Tenant’s 's prorata share of the cost of such maintenance as hereinafter provided. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements replacement and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, payroll and payroll costs, utility services including fire line water service charges, police protection, night watchmen, premiums for public liability, property damage and fire insurance including which shall insure Landlord in the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments assessment3 levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s 's prorata share of such Common Area expenses in the following manner: (1) From and after the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during of the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share computed by applying the rate of common $0.03 per square foot to the gross leasable area services and expenses, which amount of the Demised Premises. The foregoing rate per square foot may be adjusted by the Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s 's experience and reasonably anticipated costs. (See Lease Rider “"A” " Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s 's prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. (1). If Tenant’s 's prorata share of such Common Area expenses exceeds Tenant’s 's payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s 's prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. (1). Tenant’s pro-rata 's prorata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.

Common Area Maintenance. Landlord will maintain COMMON AREA MAINTENANCE. As used in this Lease, the term common area costs means the total of all items of expense reasonably and directly relating to operating, managing, equipping, policing and protecting (if provided), lighting, insuring, repairing (excluding, however, correction of original construction defects or cause to be maintained the Common Areas and Tenant will reimburse Landlord any items under warranty or any repairs reimbursable by LANDLORD’S insurance required hereunder or any repair or other work necessitated by condemnation, fire, or other casualty), replacing (excluding, however, any costs for Tenant’s prorata share of the cost of such maintenance as hereinafter provided. (a) Common area maintenance costs and expenses shall be determined in accordance with items that are capitalized under generally accepted accounting principles consistently applied principles) and allocated to any particular calendar year on maintaining the accrual method of accountingcommon areas. Such costs and expenses shall include, but shall not be limited to upkeepto, exterior paintingall expenses of removing snow, repairsice, replacements dirt ad debris; all costs of and improvements in the Common Areas, snow removal, sweeping replacing flowers and cleanup, depreciation allowance on any machinery landscaping and equipment owned by Landlord all supplies required therefore; and all costs of utilities used in connection therewithwith the common areas, utility services including including, but not limited to, all costs of operating and maintaining lighting facilities, storm drainage systems, all costs for boiler and electrical apparatus insurance, all costs of a supervised fire line water service chargessprinkler alarm system, premiums for public liabilityworkmen’s compensation insurance, property damage wages, unemployment taxes, and fire insurance including social security taxes and administrative costs. As provided in Lease Subsection 1.19 (Article I), effective upon the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments date on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair which this LEASE commences and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlordhereunder, Tenant’s prorata share of such Common Area expenses in the following manner: (1) From and after the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant TENANT shall pay Landlord in advance the LANDLORD on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate LEASE TERM TENANT’S share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costs. Within ninety (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (3090) days following the end of each calendar yearthe first Lease Year, Landlord shall furnish Tenant to TENANT a statement covering the calendar year just expired(“STATEMENT”) certified as correct by an officer of LANDLORD, showing the total operating costs, common area costs actually incurred for the first Lease Year and the amount of Tenant’s prorata common area costs paid by TENANT to date. If TENANT’S share of such Common Area expenses the total actual common area costs for such calendar year and Lease Year, calculated as the payments made by Tenant with respect ratio of TENANT’S square footage to the total leasable square footage of the Shopping Center times such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s cost, shall be less than TENANT’S payments so made, Tenant the overpayment shall be refunded to TENANT. If each succeeding Lease Year, TENANT shall pay Landlord to LANDLORD monthly, as aforesaid, a common area cost equal to one-twelfth (1/12) of the deficiency within ten (10) days after receipt common area cost actually paid by TENANT in the prior Lease Year. At the end of each succeeding Lease Year LANDLORD shall provide TENANT with a statement of the total actual common area costs incurred and the amount of such costs paid by TENANT to date. If the amount of such costs paid by TENANT to date for that Lease Year is greater than TENANT’S pro rata share of common area costs calculated as above, LANDLORD shall refund the difference with the statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses actual common area costs incurred exceeds the amount paid by TENANT to date for that Lease Year, TENANT shall pay to LANDLORD the previous calendar year shall be that portion of all such expenses which is equal difference. Notwithstanding anything herein to the proportion which the number contrary, common area costs shall not include costs for improving any TENANT’S space, costs exceeding those obtainable through competitive bidding, services or benefits provided to other TENANTS but not to TENANT, and any costs, fines or penalties imposed due to LANDLORD’S violation of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar yearany governmental rule or regulation. TENANT SHALL HAVE THE RIGHT TO AUDIT ALL COMMON AREA COSTS AND EXPENSES ANNUALLY, AT TENANT’S COST AND EXPENSE.

Common Area Maintenance. Tenant agrees to pay Landlord will maintain or cause to be maintained in the Common Areas and Tenant will reimburse Landlord for manner hereinafter provided Tenant’s prorata share 's "proportionate share" of the all cost of such maintenance as hereinafter provided. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied of every kind and allocated to any particular calendar year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost nature paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlordin operating, Tenant’s prorata share of such Common Area expenses in equipping, policing and protecting, lighting, heating, air conditioning, insuring. repairing, replacing, and maintaining the following manner: (1) From common areas and after (2) all other areas, facilities and buildings used in the date maintenance and operation of the minimum rental Shopping Center (hereinafter collectively referred lo as "common areas"), including the cost of insuring all properly provided for herein has commencedby Landlord which may at any time comprise the Shopping Center. Such cost and expense shall include, but subject not be limited to, illumination, lighting, snow removal, line painting and landscaping, supplies and an amount equal to adjustment as hereinafter in this subparagraph fifteen per cent (115%) providedof the total, Tenant of all the foregoing costs and expenses to cover Landlords' administrative costs. Tenant's "proportionate share" shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month computed on the basis of Landlord’s experience and reasonably anticipated costs. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing that the total operating costs, the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises of Tenant's licensed premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of Shopping Center. The common area maintenance expenses payable by Tenant hereunder shall be payable by Tenant in monthly installments on or before the commencement first day of each calendar yearmonth, in advance, in an amount estimated by Landlord. Said account shall be reconciled annually against actual expenses versus estimated payments and Tenant's account debited or credited accordingly. Tenant shall have the right to review all expenses during normal business hours at Landlord or assignee's location.

Common Area Maintenance. Landlord will maintain or cause to Tenant shall be maintained the Common Areas and Tenant will reimburse Landlord responsible for Tenant’s prorata 's Prorata share of the cost total costs incurred for the operation, maintenance and repair of such maintenance as hereinafter provided. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; utilities for common lighting and signs; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, sweeping exits, and cleanuplobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation allowance on any the machinery and equipment owned 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 system(s) for the Leased premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable. These costs shall be estimated on an annual basis by the Landlord and used in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage and fire insurance including shall be adjusted upwards or downwards depending on the Common Areas, any real estate tax and/or tax consultant expense incurred actual costs for the purpose preceding twelve months. Tenant shall pay monthly, commencing with the first month of maintaining equitable tax assessments on the DevelopmentLease Term, all property taxes or assessments levied or assessed against all Common Areasas additional rent due under the terms hereof, whicha 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 $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 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 not separately assessedthe actual costs are less than the estimated costs, the Landlord shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine forthwith refund the amount of the real property tax Tenant's excess payment to the Tenant. Additionally, upon Lease expiration or assessment in question. In addition, such costs termination Landlord shall include administrative costs equal to ten percent (10%) also determine Tenant's prorated Prorata Share of the total cost paid 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 incurred by 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. (b) Tenant , annualized actual costs shall pay as additional rent to Landlord, Tenant’s prorata share be the sum of such Common Area expenses in actual costs for the following manner: (1) From and after year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the minimum rental provided for herein has commenced, but subject last actual cost was paid to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costs. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.

Common Area Maintenance. Landlord will maintain or cause The Common Area Maintenance expenses shall be ----------------------- deemed to be maintained the Common Areas include all reasonable and Tenant will reimburse Landlord for Tenant’s prorata share of the cost of such maintenance as hereinafter provided. (a) Common area maintenance customary costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) in the operation , maintenance, servicing, and management of that portion of the Premises located outside the air conditioned space of the Premises, including without limiting the generality of the foregoing, utilities and water and sewer charges, grounds, maintenance, air conditioning repair and maintenance, security, pest control, building cleaning, painting, supplies, maintaining, repairing and replacing the roof, parking lot maintenance and resurfacing, liability, casualty, and property damage insurance, management fees, professional fees and administration expenses relative to the operation of the building, real property taxes, personal property taxes imposed upon the property of Tenant or Landlord located upon or associated with the Premises, property owners' association fees, garbage and trash collection, and other such miscellaneous items which may be related in any way to the operation or maintenance of the Premises. It is agreed that Tenant shall pay as additional rent to Landlord, Tenant’s prorata share of all such Common Area expenses in the following manner: (1) From same manner as rental hereunder, and after that the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter amount of such expenses in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day year of this Lease are estimated in the amount of $3.50 per square foot per year for the 38,644 square feet of rentable space covered by this Lease. Landlord shall present to Tenant a statement within sixty (60) days of the end of each calendar month year during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share of common area services and expensesLease, which amount may be adjusted statement shall indicate the total of such expenses for the prior calendar year and any overpayment or underpayment by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costsTenant. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish promptly refund any overpayment to Tenant, Tenant a statement covering the calendar year just expiredshall promptly pay any underpayment to Landlord, showing the total operating costs, and the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant monthly common area maintenance charge shall be entitled to offset adjusted accordingly and shall remain fixed until the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed annual review and occupied as of the commencement of each calendar yearadjustment.

Common Area Maintenance. Landlord will maintain or cause to be maintained the Common Areas and Tenant will reimburse Landlord for Tenant’s prorata share The Premises are a part of the industrial center commonly known as Golden State Business Park (“Park”) more particularly described on Exhibit A attached hereto. Lessor shall be responsible for all landscape maintenance and repair or replacement in the Park including, but not limited to, all landscape plantings, and landscape sprinkler systems, common area janitorial and sweeping services, and replacement and repairs, as necessary, to all sidewalk surfaces, parking areas (repairs, slurry coat and stripe), roadways and miscellaneous exterior building maintenance and repair, including light maintenance, roof repairs and clearing of roof debris, roof membrane maintenance and exterior painting. The cost of such maintenance as hereinafter provided. (a) Common area maintenance costs maintenance, services, and expenses repairs shall be determined designated as (“Common Area Costs”) and shall include all sums expended by Lessor for the maintenance, repair and operations of the common area of the Park as hereinabove indicated. All costs to supervise and administer said common areas, parking lots, sidewalks, driveways, and other areas used in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year common by the Lessee or occupants of the Park including the insurance on the accrual method of accountingcommon area shall be designated as Common Area Costs. Such costs and expenses Said Common Area Costs shall include, but shall not include such fees as may be limited paid to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used a third party in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage with same and fire insurance including the Common Areas, shall in any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use event include a fee to the total land area Lessor to supervise and administer same in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the an amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten fifteen percent (1015%) of the total cost paid or incurred by Landlord under Common Area Costs referenced above. In addition to the Base Rent and commencing on the Commencement Date of this paragraph. (b) Tenant Lease, Lessee shall pay to Lessor as additional rent an amount estimated by Lessor to Landlord, Tenantbe Lessee’s prorata share of such Common Area expenses in the following manner: (1) From and after the date the minimum rental provided for herein has commencedCosts, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during month. Lessee’s Proportionate Share shall be that fraction, the numerator of which shall be the total square footage in the Premises, and the denominator of which shall be the total leaseable square footage in the Park. Lessee’s Proportionate Share may change from time to time as the leaseable footage and/or configuration of the Park is changed. Common Area Costs that cover a period not within the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costs. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar yearprorated.

Common Area Maintenance. Landlord will maintain or cause to be maintained the Common Areas and Tenant will reimburse Landlord for Tenant’s prorata 's prorate share of the cost of such maintenance as hereinafter providedxxxxxded. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs cost and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, payroll and payroll costs, utility services including fire line water service charges, police protection, night watchmen, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and,, for improvements, improvements on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s prorata 's prorate share of such Common common Area expenses in the following mannerxxxxxx: (1) From and after the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s 's proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s 's experience and reasonably anticipated costs. (See Lease Rider “"A” " Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s prorata 's prorate share of such Common Area common area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. 1. If Tenant’s prorata 's prorate share of such Common Area common area expenses exceeds Tenant’s payments 's xxxxxxts so made, Tenant shall pay Landlord the deficiency within with ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata 's prorate share of such Common Area common area expenses, Tenant shall be entitled xx xxxitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. 1. Tenant’s pro-rata 's prorate share of the total Common Area common area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.

Common Area Maintenance. Landlord will regularly maintain or cause to be regularly maintained in a first class manner the Common Areas and Tenant will reimburse Landlord for Tenant’s 's prorata share of the cost of such maintenance as hereinafter provided. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, payroll and payroll costs, utility services including fire line water service charges, police protection, night watchmen, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, improvements on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s 's prorata share of such Common common Area expenses in the following manner: (1) From and after the date the minimum rental provided for herein has commenced, but subject Subject to adjustment as hereinafter in this subparagraph Subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable monthly amount covering Tenant’s 's proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s 's experience and reasonably anticipated costs. (See Lease Rider “"A” " Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s 's prorata share of such Of Such Common Area area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. 1. If Tenant’s 's prorata share of such Common Area common area expenses exceeds Tenant’s 's payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s 's prorata share of such Common Area common area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. 1. Tenant’s pro-rata 's prorata share of the total Common Area common area expenses for the previous calendar year shall be that portion of all such expenses which Which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the tire total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.