Common use of Determination of Operating Expenses Clause in Contracts

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Expense Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year and subsequent payments by Tenant for such Expense Year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent first Commencement Date to occur under this Lease and during the last month of each calendar year of the term of this Lease (“Expense Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Expense Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Year or applicable portion thereof, beginning on the Rent first Commencement DateDate to occur under this Lease, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year and subsequent payments by Tenant for such Expense Year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense Year”"LEASE YEAR"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Lease Year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; providedPROVIDED, however, that if such notice is not given in the last month of an Expense a Lease Year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous 's estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Direct Term Commencement Date and during the last month of each subsequent calendar year of the term of this Lease (“Expense Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Expense Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Year or applicable portion thereof, beginning on the Rent Direct Term Commencement Date, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year and subsequent payments by Tenant for such Expense Year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense Lease Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Lease Year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense a Lease Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Construction Access Date and during the last month of each calendar year of the term of this Lease (“Expense Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Expense Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Year or applicable portion thereof, beginning on the Rent Commencement DateJanuary 1, 2007, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year and subsequent payments by Tenant for such Expense Year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense "Lease Year”"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Lease Year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense a Lease Year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous 's estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense Lease Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Lease Year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense a Lease Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense Year”"LEASE YEAR"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Lease Year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata pro rata basis) to such month; providedPROVIDED, however, that if such notice is not given in the last month of an Expense a Lease Year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous 's estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense "Lease Year”"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Lease Year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense a Lease Year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous 's estimate by more than five percent (5%)[...*...], Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.. --------------------------- *CONFIDENTIAL TREATMENT REQUESTED 24

Determination of Operating Expenses. On or before the Phase 1 Rent ----------------------------------- Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense "Lease Year”"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Lease Year or applicable portion thereof, beginning on the Phase 1 Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense a Lease Year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous 's estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement ----------------------------------- Date and during the last month of each calendar year of the term of this Lease (“Expense "Lease Year”"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Lease Year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata prorate basis) to such month; provided, however, that if such notice is not given in the last month of an Expense Yeara Lease year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous 's estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense "Lease Year”"), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Year Lease year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay ????? to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense Yeara Lease year, Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous 's estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense "Lease Year”"), or as soon thereafter as practical, Landlord shall shall, provide Tenant notice of Landlord’s 's estimate of the Operating Expenses for the ensuing Expense Lease Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Lease Year or applicable portion thereof, beginning on the Rent Commencement Date, . Tenant shall pay to Landlord Tenant’s 's Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata basis) to such month; provided, however, that if such notice is not given in the last month month; of an Expense a Lease Year, . Tenant shall continue to pay on the basis of the prior year’s 's estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous 's estimate by more than five five, percent (5%), . Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year such year and subsequent payments by Tenant for such Expense Year year shall be based upon such revised estimate.

Determination of Operating Expenses. On or before the Rent Commencement Date and during the last month of each calendar year of the term of this Lease (“Expense Year”), or as soon thereafter as practical, Landlord shall provide Tenant notice of Landlord’s estimate of the Operating Expenses for the ensuing Expense Year or applicable portion thereof. On or before the first day of each month during the ensuing Expense Year or applicable portion thereof, beginning on the Rent Commencement Date, Tenant shall pay to Landlord Tenant’s Operating Cost Share of the portion of such estimated Operating Expenses allocable (on a prorata pro rata basis) to such month; provided, however, that if such notice is not given in the last month of an Expense Year, Tenant shall continue to pay on the basis of the prior year’s estimate, if any, until the month after such notice is given. If at any time or times it appears to Landlord that the actual Operating Expenses for an Expense Year will vary from Landlord’s previous estimate by more than five percent (5%), Landlord may, by notice to Tenant, revise its estimate for the applicable Expense Year and subsequent payments by Tenant for such Expense Year shall be based upon such revised estimate.