Common use of Estimated Payments Clause in Contracts

Estimated Payments. Commencing on the first day of the Term on which Additional Rent is due, and on the first day of each calendar month thereafter during the Term of this Lease, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and records.

Estimated Payments. Commencing on the first day During each calendar year or partial calendar year of the Term on which Additional Rent is dueSublease Term, and in addition to Base Monthly Rent, Subtenant will pay to Sublandlord on the first day of each calendar month thereafter during the Term of this Lease, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant equal to the terms product of this Lease. If Additional Rent for any calendar year increases Subtenant’s Share of Master Premises Operating Expenses multiplied by more than five percent (5%) over Additional Rent the “Estimated Operating Expenses” for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent Master Premises for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records “Estimated Operating Expenses” for any calendar year shall mean Sublandlord’s reasonable estimate of Operating Expenses for the Master Premises for the ensuing calendar year, such agent must (i) which estimate shall be a CPA firm or an in-house accountant or finance department employee based on the Master Landlord’s Statement received by Sublandlord from Master Landlord pursuant to Section 4.05 of Tenantthe Master Lease. Sublandlord and Subtenant agree that the initial Estimated Operating Expenses for calendar year 2005 shall be $0.78 per rentable square foot of the Premises per month. During any partial calendar year during the Sublease Term, (ii) not Estimated Operating Expenses will be compensated estimated on a contingency basis and (iii) execute a copy full-year basis. During the last month of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costseach of Sublandlord’s fiscal years during the Term, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and recordsas soon thereafter as practicable, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to Sublandlord will give Landlord Subtenant written notice stating in reasonable detail any objection of Estimated Operating Expenses for the Building and the Master Premises for the ensuing calendar year. On or before the first day of each month during the ensuing calendar year (or each month of the Term, if a partial calendar year), Subtenant will pay to XxxxxxxxSublandlord the product of Subtenant’s statement Share of actual Additional Rent Master Premises Operating Expenses multiplied by the Estimated Operating Expenses for the Master Premises for such calendar year; however, if such written notice is not given in the last month of Sublandlord’s fiscal year, Subtenant will continue to make monthly payments on the basis of the prior year’s Estimated Operating Expenses for the Master Premises until the month after such written notice is given, at which time Subtenant will commence making monthly payments based upon the revised Estimated Operating Expenses for the Master Premises. In the month Subtenant first makes a payment based upon the revised Estimated Operating Expenses for the Master Premises, Subtenant will pay to Sublandlord the difference between the amount payable based upon the revised Estimated Operating Expenses for the Master Premises and the amount payable based upon the prior year’s Estimated Operating Expenses for the Master Premises, for each month which has elapsed since the last month of Sublandlord’s fiscal year, or, if Subtenant’s payments of the prior year’s estimate exceeded the revised or actual Estimated Operating Expenses for the year in question, Sublandlord shall credit the excess to Estimated Operating Expenses next coming due until credited in full. If Tenant fails at any time or times it reasonably appears to give Landlord Sublandlord that the actual Operating Expenses for the Master Premises for any calendar year will vary from the Estimated Operating Expenses for the Master Premises for such calendar year, Sublandlord may, by written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within Subtenant, revise the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent Estimated Operating Expenses for the Master Premises for such calendar year, and subsequent payments by Subtenant in such calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent will be based upon such revised Estimated Operating Expenses for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsMaster Premises.

Estimated Payments. Commencing Tenant shall pay Landlord’s reasonable estimate of Tenant’s Cost Allocation for each calendar year of the Term (the “Estimated Payment”) in advance, in monthly installments, commencing on the first (1st) day of the Term on month following the month in which Additional Rent Landlord notifies Tenant of the amount it is due, to pay hereunder and on continuing until the first (1st) day of the month following the month in which Landlord notifies Tenant of any revised Estimated Payment, provided Tenant shall not be required to make such payments or adjustments thereto on less than thirty (30) days’ notice. Landlord shall estimate from time to time the amount of Tenant’s Cost Allocation for each calendar month thereafter during year of the Term of this LeaseTerm, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant make an adjustment to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding Estimated Payment due for such calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If notify Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar yearrevised Estimated Payment in writing. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after Tenant’s receipt of notice of such books adjustment and records are made available to Tenantthe revised Estimated Payment, Tenant shall have the right to give pay Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement a fraction of actual Additional Rent such revised Estimated Payment for such calendar yearyear (reduced by any amounts paid pursuant to the first sentence of this Section 4.2.1). If Such fraction shall have as its numerator the number of months which have elapsed in such calendar year to the date of such payment, both months inclusive, and shall have twelve (12) as its denominator. All subsequent payments by Tenant fails to give Landlord written notice for such calendar year shall be based upon such adjustment and the revised Estimated Payment. In the event of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided aboveany fractional calendar month, Tenant shall be deemed to have approved Xxxxxxxx’s statement pay a prorated Estimated Payment for each day in such partial month based on the actual number of Additional Rent days in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsmonth.

Estimated Payments. Commencing on the first day (a) On each date that an installment of the Term on which Additional Minimum Rent is due, and on the first day of each calendar month thereafter during the Term of this Lease, Tenant shall also pay Landlord all Additional Rent for: a) Real estate taxes pursuant an amount equal to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with one-twelfth (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”l/12lh) of its intent to review share of such estimated Common Charges (as determined by Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year or portion thereof in question are less than reportedwhich such payment is made. Tenant shall pay $666.67 per month toward its share of such Common Charges. On or before June 1 of each year (or thereafter if Landlord shall elect), Landlord shall provide Tenant with a credit against future Rent in statement setting forth the amount due from Tenant on account of Common Charges for the preceding calendar year and the amount of any overpayment estimated Common Charges paid by TenantTenant during such year. Likewise, if Landlord and If the amount due from Tenant determine that Additional Rent for exceeds the calendar year in question are greater than reportedamount of estimated payments, Tenant shall forthwith pay the difference to Landlord within ten (10) days of the receipt of such statement. If the amount of underpayment estimated payments exceeds the amount due, Landlord shall credit such difference to the next installment or installments of estimated payments due under this Section. During any year, Landlord from time to time, may revise its estimate of the Common Charges which will be due for that year and the monthly payments to be made by Tenant with on account thereof. (b) Tenant shall have the understanding right, upon ten (10) days' prior written notice to Landlord, to audit the applicable records of Landlord to confirm that there shall be no interest or late charge added thereto at the time same is Common Charges billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant are proper and conform to the provisions of this Section Article X. Such audit right shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any exercisable by Tenant within two (2) years of Tenant's receipt of Landlord's annual reconciliation statement of Additional Rent unless Xxxxxx such charges for the applicable year in question. Should any such audit disclose that Tenant has paid to overpaid the Common Charges, then Landlord shall promptly refund the amount due as shown on Landlord’s of the overpayment to Tenant. Should any such audit disclose that Tenant overpaid the Common Area Expenses by five percent (5%) or more, Landlord shall promptly pay for the reasonable cost of such audit. If Tenant does not make an audit within two (2) years from the end of a given year, then the annual statement of actual Additional RentCommon Charges and Tenant's share for such year shall be deemed correct and Tenant shall have no right thereafter to inspect, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and records.audit or contest same. INTIALS: LANDLORD RB TENANT DL

Estimated Payments. Commencing on the first day of the Term on which Additional Rent is dueCommencement Date, and on the first day of each calendar month thereafter during the Term of this Leasethereafter, Tenant shall pay make estimated monthly payments to Landlord all Additional on account of the Operating Expenses that are expected to be incurred during each calendar year falling entirely or partially within the Lease Term. The amount of such monthly payments shall be determined as follows: commencing with the Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water Commencement Date and common utility use pursuant to Section 14 below. On an annual basisat the beginning of each calendar year thereafter, Landlord shall provide submit to Tenant a statement setting forth Landlord’s reasonable estimate of the Operating Expenses that are expected to be incurred during such calendar year and Tenant’s Pro Rata Share thereof (as determined in accordance with Section 4.1 hereof), provided that, if Landlord has not provided Tenant with the estimated Operating Expenses prior to the beginning of any calendar year, Tenant shall continue to pay Tenant’s Pro Rata Share thereof at the same rate as Tenant paid for the prior calendar year until Landlord shall have delivered an estimate for that year. Tenant shall pay to Landlord on the first day of each month following receipt of such statement during such calendar year an amount equal to Tenant’s Pro Rata Share of the anticipated Operating Expenses multiplied by a fraction, the numerator of which is one (a1) and the denominator of which is twelve (12). Not more than one time per year of the Term, Landlord may modify the amount of the anticipated Operating Expenses to reflect Landlord’s reasonable estimate of such expenses for the year. As soon as reasonably practicable after the expiration of each calendar year, but in any event no later than April 30th of each calendar year, Landlord shall submit to Tenant a statement of all actual Common Area Charges and insurance premiums (the “Reconciliation Statement”), showing (i) the Operating Expenses actually incurred in during the preceding calendar year and Tenant’s Pro Rata Share thereof, and (bii) a statement the aggregate amount of all charges of real estate taxes assessed against the Property in the preceding fiscal yearestimated payments made by Tenant on account thereof. If Tenant has made the aggregate amount of such estimated payments of Additional Rent during exceeds Tenant’s actual liability for such calendar/fiscal year in Operating Expenses, then Landlord shall, at Landlord’s option, either credit such excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise duerent payment or payments due from Tenant, or pay Tenant the excess at the time Landlord furnishes the Reconciliation Statement. If the adjustment is to be made following the expiration or termination of the Lease Term, then Landlord shall pay Tenant the excess. If Tenant’s actual Additional Rent due liability for such Operating Expenses exceeds the estimated payments made by Tenant during the preceding yearon account thereof, then Tenant shall pay to Landlord the total amount of such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, deficiency within ninety (90) days after receiving Tenant’s receipt of the Reconciliation Statement from Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year. Provided, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating however, that notwithstanding anything to the Additional Rent for such calendar year. Within a reasonable time after receipt contrary set forth in this Lease, the total amount of a timely Review Notice, Landlord shall make such books and records available to Operating Expenses liability of Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) year shall not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such reviewexceed the limits described in Section 4.4 hereof. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the The provisions of this Section 4.5 shall be treated as confidential. Notwithstanding anything herein to survive the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records expiration or to dispute any statement earlier termination of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsthis Lease.

Estimated Payments. Commencing on Annually, Landlord shall render to Tenant a certified statement (such certification to include that the first day of statement is (a) accurate and complete and (b) prepared in accordance with the Term on which Additional Rent is dueterms, covenants, provisions and on the first day of each calendar month thereafter during the Term conditions of this Lease, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in reasonable detail showing for the preceding calendar year or fraction thereof, as the case may be, the Operating Expenses and Tenant’s Proportionate Share of Operating Expenses and prepared in accordance with Generally Accepted Accounting Principles (b“GAAP”) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal yearconsistently applied. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, The Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord use diligent efforts to deliver such statements shall the statement not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more later than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement the end of actual Additional Rent (inclusive of those which vary with occupancy) for a particular each calendar year, shall have year or fraction thereof at the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office beginning or at the office end of the BuildingLease Term. Said statement to be rendered to Tenant also shall show for the preceding calendar year or fraction thereof, provided that if Tenant retains an agent as the case may be, the amounts of Operating Expenses already paid by Tenant. If at the time such statement is rendered it is determined with respect to review Landlord’s books and records for any calendar year, such agent must year that Tenant has paid (i) be a CPA firm less than Tenant’s Proportionate Share of Operating Expenses or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and more than Tenant’s Proportionate Share of Operating Expenses, then, in the case of (iiii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costspay to Landlord, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and recordsas Additional Rent, within thirty (30) days after of such books and records are made available statement the amounts of such underpayment and, in the case of (ii) Landlord shall refund such overpayment to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period days (less any amount then owed to Landlord by Tenant under this Lease, in which case Landlord promptly shall notify Tenant of such offset). The obligation to make such payment or fails refund for any partial calendar year at the end of the Lease Term shall survive the Lease Term. In no event shall Tenant be obligated to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising make any claims payment with respect thereto. Upon Xxxxxxxx’s receipt to any Operating Expense first billed to Tenant more than eighteen (18) months after the end of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in which the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess Operating Expense was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsincurred.

Estimated Payments. Commencing on During each fiscal year of Landlord or partial fiscal year of Landlord in the first day of the Term on which Additional Rent is dueTerm, and in addition to Monthly Base Rent, Tenant will pay to Landlord on the first day of each calendar month thereafter an amount equal to the product of Tenant’s Proportionate Share for each of the Office Space and the Lab/Clean Rooms of the Building multiplied by the “Estimated Operating Expenses” (defined below) for each such portion of the Building for such fiscal year or partial fiscal year of Landlord. “Estimated Operating Expenses” for any fiscal year of Landlord shall mean Landlord’s reasonable estimate of Operating Expenses for the Office Space and the Lab/Clean Rooms of the Building for such fiscal year of Landlord and shall be subject to revision according to the further provisions of this Section. During any partial fiscal year of Landlord during the Term Term, Estimated Operating Expenses will be estimated on a full-year bases. During the last month of this Leaseeach of Landlord’s fiscal years during the Term, or as soon thereafter as practicable, Landlord will give Tenant written notice of Estimated Operating Expenses for each portion of the Building for the ensuing fiscal year of Landlord. On or before the first day of each month during the ensuing fiscal year of Landlord(or each month of the Term, if a partial fiscal year of Landlord), Tenant shall will pay to Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water the product of Tenant’s Proportionate Share of each of the Office Space and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred the Lab/Clean Rooms in the preceding calendar Building multiplied by the Estimated Operating Expenses for such portion of the Building for such fiscal year and (b) a statement of all charges of real estate taxes assessed against the Property Landlord; however, if such written notice is not given in the preceding last month of Landlord’s fiscal year, Tenant will continue to make monthly payments on the basis of the prior year’s Estimated Operating Expenses until the month after such written notice is given, at which time Tenant will commence making monthly payments based upon the revised Estimated Operating Expenses. In the month Tenant first makes a payment based upon the revised Estimated Operating Expenses, Tenant will pay to Landlord any increase in the amount payable based upon the revised Estimated Operating Expenses over the amount payable based upon the prior year’s Estimated Operating Expenses, for each month which has elapsed since the last month of Landlord’s fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/at any time or times it reasonably appears to Landlord that the actual Operating Expenses for any fiscal year of Landlord will vary from the Estimated Operating Expenses for such fiscal year of Landlord, Landlord may, by written notice to Tenant, revise the Estimated Operating Expenses for such fiscal year of Landlord, and subsequent payments by Tenant in excess such fiscal year of Landlord will be based upon such revised Estimated Operating Expenses. Within a reasonable period of time (not to exceed 120 days) following the actual amount dueend of each fiscal year of Landlord during the Term hereof, Landlord shall credit submit to Tenant with any overpayment against a statement showing actual Operating Expenses for each of the next Rent otherwise dueOffice Space and the Lab/Clean Rooms portions of the Building incurred by Landlord during the preceding fiscal year and a calculation based thereon. If In the event that actual Additional Rent due exceeds Tenant’s Proportionate Share of Operating Expenses exceed the estimated payments made by Tenant during the preceding on account of Tenant’s Proportionate Share of Operating Expenses for such year, Tenant shall pay such amount due difference to Landlord, as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar yearhereunder, such agent must (i) amount to be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, paid within thirty (30) days after the date of receipt of the statement of actual Operating Expenses. If the actual Tenant’s Proportionate Share of Operating Expenses are less than the payments made by Tenant on account of Tenant’s Proportionate Share of Operating Expenses for such books year, an amount equal to such difference shall by credited to Tenant against the monthly installments of Rent next thereafter coming due (or promptly refund the difference if the Term has ended and records are made available Tenant has no further obligation to Tenant, Landlord). Tenant shall have the right to give Landlord right, at its expense, exercisable upon reasonable prior written notice stating in reasonable detail any objection to XxxxxxxxLandlord, to inspect at Landlord’s statement office, during normal business hours, Landlord’s books and records as they relate to Landlord’s determination of actual Additional Rent for such calendar yearOperating Expenses. If Tenant fails to give Landlord written notice of objection Such inspection must be within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement days of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon XxxxxxxxTenant’s receipt of a timely objection notice from XxxxxxLandlord’s annual statement for same, and shall be limited to verification of the charges contained in such statement. Tenant may not withhold payment of such xxxx pending completion of such inspection. The provisions of this section shall survive termination or expiration of this Lease and Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent make adjustment for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest such expenses as soon as reasonably practical after expiration or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions termination of this Section shall be treated as confidentialLease. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on The parties acknowledge that Landlord’s statement of actual Additional Rentfiscal year currently ends December 31, said payment being a condition precedent and is subject to Xxxxxx’s right to examine Xxxxxxxx’s books and recordschange.

Estimated Payments. Commencing Landlord currently accounts for Common Expenses on the first day an April 1—March 31 fiscal year. Each year, Landlord shall give Tenant written notice of the Term on estimated amount payable by Tenant under this Section for the ensuing fiscal year, which Additional Rent is due, and on estimate Landlord shall endeavor to provide by March 1 of each year. On or before the first day of each calendar month thereafter during the Term of this Leasethereafter, Tenant shall pay Landlord 1/12th of such estimated amounts, provided Landlord may, by written notice to Tenant, revise its estimate whereupon subsequent payments by Tenant for the remainder of the year shall be based upon such revised estimate. If the notice of the annual estimate is given after commencement of the applicable year, then Tenant's first payment of the new monthly amount shall be accompanied by payment of the difference between the new estimate and all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 belowestimated payments previously made by Tenant for that year. On an annual basisAfter the close of each fiscal year during the term of this Lease, Landlord shall provide deliver to Tenant with (a) a statement setting forth the total amount of all actual Tenant's Share of Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during Expenses for such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, whereupon there shall be a final adjustment between Landlord and Tenant in connection with amounts due Landlord under this Section and Tenant shall pay such Landlord any amount due as Additional Rent Landlord within 15 business 30 days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Noticesuch statement, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. amount due Tenant shall be solely responsible for credited to the next accruing amounts due Landlord pursuant to this Section or if the Lease has terminated or expired, such amount shall be credited against any amounts still due Landlord and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available the balance shall be refunded to Tenant, Tenant . Landlord shall have use reasonable efforts to provide such statement by June 30 of each year following the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar relevant expense year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted entitled to examine Xxxxxxxx’s books and records or to dispute revise its final determination of Common Expenses at any statement time after the one-year anniversary of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordssuch June 30 deadline.

Estimated Payments. Commencing on the first day of the Term on which Additional Rent is due, and on the first day of each calendar month thereafter If Tenant has at any time during the Term of this Lease committed a default under paragraph 17 of this Lease by failing to pay when due and prior to the expiration of any applicable cure period any monetary amount to be paid by Tenant under this Lease, Landlord may require that Tenant thereafter during the remaining Term of this Lease pay to Landlord, in monthly payments due at the time payments of Fixed Rent are due hereunder, the estimated amounts of the annual premiums for all or a portion of the insurance to be carried by Tenant and payments of Property Taxes to be made by Tenant under this Lease; provided, however, if the Landlord requires such estimated payments and Tenant, for a period of twenty-four (24) consecutive months after the first time Landlord requires such estimated payments, does not commit a default under paragraph 17 of this Lease by failing to pay when due and prior to the expiration of any applicable cure period any monetary amount to be paid by Tenant under this Lease (including but not limited to such estimated payments), Tenant, except as otherwise provided in subparagraph 14(a), shall no longer be required to make such estimated payments unless and until Tenant at any time thereafter commits a default under paragraph 17 of this Lease by failing to pay when due and prior to expiration of any applicable cure period any monetary amount to be paid by Tenant under this Lease. The estimated payments required by this subparagraph (y) shall be in addition to any impound payments required by subparagraph 14(a), but Tenant may credit against payments due under this subparagraph (y) any impound payments made by Tenant pursuant to subparagraph 14(a) to the extent such impound payments apply to the same expense item as an estimated payment under this subparagraph (y). The amount of each estimated monthly payment shall be determined by dividing the Landlord's estimate of the annual amount of the applicable payment, as determined in the exercise of Landlord's reasonable discretion, by twelve (12). Landlord shall then use the estimated payments to pay the amounts owing if Tenant is not in default under this Lease; provided, however, Tenant shall remain fully obligated to pay to Landlord all Additional Rent for: a) Real estate taxes pursuant or directly to Section 2 above, b) Insurance premiums pursuant the applicable entity, as Landlord may direct, any deficiency between the amount owing for the applicable insurance premium or Property Tax and the amount of the estimated payments held by Landlord for application to Section 3 above, c) HVAC maintenance pursuant such premium or Property Tax. The amount of estimated payments paid and to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On be paid by Tenant shall be reconciled on an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges appropriate deficiency payments and insurance premiums incurred adjustments to be made or credits given in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against event that the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year result in excess any underpayment or overpayment to Landlord by Tenant when the amount of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent charges for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records applicable premiums and/or Property Taxes are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsactually determined.

Estimated Payments. Commencing on (i) Prior to the Commencement Date and prior to January 1 of each subsequent calendar year during the Term, or as soon thereafter as possible, Lessor shall deliver to Lessee an estimate of (A) the Tax Increase for that calendar year (the "Tax Estimate"), (B) the Insurance Increase for that calendar year (the "Insurance Estimate"), and (C) the total CAM Charges for that calendar year (the "CAM Estimate") and Xxxxxx's Share thereof. (The Tax Estimate, the Insurance Estimate and the CAM Estimate are sometimes referred to hereinafter collectively as the "Common Cost Estimates".) Lessee shall thereafter during that calendar year pay to Lessor one-twelfth (1/12) of the amount of Xxxxxx's Share of the Common Cost Estimates at the same time its monthly installments of Base Rent hereunder are due and payable. In the event Lessor shall not have furnished the Common Cost Estimates to Lessee by January 1 of any calendar year, then until the first day of the Term on first month next following the month in which Additional Rent is duethe Common Cost Estimates are furnished to Lessee, and Lessee shall pay to Lessor on the first day of each calendar month thereafter during an amount equal to the Term aggregate monthly installment of this LeaseLessee's Share of the Tax Increase, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant Insurance Increase and CAM Charges which was payable by Lessee to Section 2 above, b) Insurance premiums pursuant Lessor with respect to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement the last month of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year. In such event, at such time as Lessor furnishes the Common Cost Estimates to Lessee, Lessor shall give Lessee notice stating whether the aggregate amount of the installments of Lessee's Share of the Tax Increase, Insurance Increase and CAM Charges previously paid for such calendar year is more or less than the aggregate amount of the installments due for such portion of the calendar year as computed in accordance with the Common Cost Estimates, and (bA) if there shall be a deficiency, then within ten (10) days after the Lessee receives the Common Cost Estimates, Lessee shall pay the amount of such deficiency, (B) if there shall have been an overpayment, Lessor shall credit Lessee in the amount thereof toward the subsequent installments of the Tax Increase, Insurance Increase and CAM Charges, and (C) on the first day of the first month next following the month in which the Common Cost Estimates are furnished to Lessee, and monthly thereafter for the balance of such calendar year, Lessee shall pay to Lessor one-twelfth (1/12) of the amount of Xxxxxx's Share of the Tax Increase, Insurance Increase and CAM Charges as set forth in the Common Cost Estimates. (ii) At such time as Lessor is able to determine the actual Tax Increase, Insurance Increase and CAM Charges for each calendar year, Lessor shall deliver to Lessee a statement of all charges of real estate taxes assessed against the Property thereof and, in the preceding fiscal year. If Tenant has made event the estimated payments of Additional Rent during such calendar/fiscal year in excess Tax Increase, Insurance Increase and CAM Charges differ from the actual Tax Increase, Insurance Increase and CAM Charges, then (A) if there shall be a deficiency, then within ten (10) days after Lessee receives the statement of the actual Tax Increase, Insurance Increase and CAM Charges, Lessee shall pay the amount dueof such deficiency, Landlord and (B) if there shall have been an overpayment, Lessor shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent Lessee in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for thereof toward the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason subsequent installments of the failure of Tenant to previously have paid same when Tax Increase, Insurance Increase and CAM Charges coming due in the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsnext calendar year.

Estimated Payments. Commencing Prior to the first day of the second Lease Year and prior to the first day of each Calendar Year thereafter during the Term, Landlord shall submit to Tenant a statement of Landlord's estimate of the monthly amount of Tenant's Share of Operating Expenses for such Calendar Year. In addition to the Basic Rent, Tenant shall pay to Landlord, beginning on the first day of the Term on which Additional Rent is due, second Lease Year and continuing on the first day of each calendar month thereafter during each Calendar Year during the Term, the monthly amount of the estimated Tenant's Share of Operating Expenses payable for such Calendar Year as set forth in Landlord's statement, plus one twelfth (1/12) of the Management Fee payable for that Calendar Year. However, if the first day of the second Lease Year is a day other than the first day of a calendar month, then the installment of Tenant's Share of Operating Expenses and Management Fee for the first month of the Term of this Lease, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in be pro rated on the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt basis of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available day month. If Landlord fails to Tenantgive Tenant notice of its estimated payments due under this Section for any Calendar Year, then Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year until a new estimate is provided. When the new estimate is provided, Tenant shall pay, at the time its first monthly payment is due in accordance with the new estimate, any deficiency in monthly payments made during the preceding months of the Calendar Year in question. No delay by Landlord in providing any estimate under this Section or any statement under Section 7.5 shall excuse Tenant from paying Tenant's Share of Operating Expenses for any period within the Term. If Landlord determines during any Calendar Year that, because of unexpected increases in Operating Expenses, Landlord's estimate of the Operating Expenses for that Calendar Year was too low, then Landlord shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s a new statement of actual Additional Rent the estimated Tenant's Share of Operating Expenses for such calendar year. If Calendar Year or the balance thereof and to bill Tenant fails to give Landlord written notice of objection within for any deficiency which may have accrued during such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided aboveCaxxxxar Year, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith thereafter pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for monthly estimated payments based on such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsnew statement.

Estimated Payments. Commencing on Prior to the Commencement Date and prior to January 1 of each subsequent calendar year during the Lease Term, or as soon thereafter as possible, Landlord shall deliver to Tenant an estimate of: (1) the Insurance costs for that calendar year (the “Insurance Estimate”); and (2) the total CAM Charges for that calendar year (the “CAM Estimate”) and Tenant’s Share thereof. (The Insurance Estimate and the CAM Estimate are sometimes referred to hereinafter collectively as the “Common Cost Estimates”.) Tenant shall thereafter during that calendar year pay to Landlord one-twelfth (1/12) of the amount of Tenant’s Share of the Common Cost Estimates at the same time its monthly installments of Base Rent hereunder are due and payable. In the event Landlord shall not have furnished the Common Cost Estimates to Tenant by January 1 of any calendar year, then until the first day of the Term on month following the month in which Additional Rent is duethe Common Cost Estimates are furnished to Tenant, and Tenant shall continue to pay to Landlord on the first day of each calendar month thereafter during its share of the Term Common Cost Estimates based on the previous year’s estimate. At such time as Landlord furnishes the Common Cost Estimates to Tenant, Landlord shall give Tenant notice stating whether the aggregate amount of this Leasethe installments of Tenant’s Share of Insurance Increase and CAM Charges previously paid for such calendar year is more or less than the aggregate amount of the installments due for such portion of the calendar year as computed in accordance with the Common Cost Estimates, and (1) if there shall be a deficiency, then within ten (10) days after the Tenant receives the Common Cost Estimates, Tenant shall pay Landlord all Additional Rent for: athe amount of such deficiency, (2) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On if there shall have been an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount dueoverpayment, Landlord shall credit Tenant with any overpayment against in the amount thereof toward the subsequent installments of the Common Cost Estimates, and (3) on the first day of the first month next Rent otherwise due. If following the actual Additional Rent due exceeds month in which the estimated payments made by Tenant during Common Cost Estimates are furnished to Tenant, and monthly thereafter for the preceding balance of such calendar year, Tenant shall pay such to Landlord one-twelfth (1/12) of the amount due as Additional Rent within 15 business days after notice from Landlordof Tenant’s Share of the Common Cost Estimates. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of LandlordTenant’s right to collect all contest Common Cost Estimates shall be limited to six months from date of notification by Landlord. Landlord and Tenant further have agreed that, in the third line of Par. 8(A) following the word “due” and before the period, the following shall be deemed inserted: “or the appropriate taxing authority fails to receive any portion payment of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent Taxes within ten (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (9010) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (from either Landlord or the “Review Notice”) of its intent to review Landlord’s books taxing authority that such payment is past due.” All other terms and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office conditions of the Building, provided that if Tenant retains an agent to review Landlord’s books original Lease Agreement shall remain in effect as first written and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee previously amended. The effective date of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant this First Amendment shall be solely responsible for any and all costsAugust 15, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records2011, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason regardless of the failure of Tenant date written below. Each party executing this Amendment warrants that it has the requisite power and authority to previously have paid same when the excess was billed for such reviewed perioddo so. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidentialXG SCIENCES, INC. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and records.Michigan corporation (Tenant)

Estimated Payments. Commencing on (I) Prior to January 1 of each calendar year during the term of this Lease, or as soon thereafter as possible, Lessor shall deliver to Lessee an estimate of (A) the Tax Increase for that calendar year (the "Tax Estimate"), (B) the Insurance Increase for that calendar year (the "Insurance Estimate"), and (C) the total CAM Charges for that calendar year (the "CAM Estimate") and Lessee's Share thereof, along with a calculation of, and evidence which reasonably supports, Lessee's Share thereof. (The Tax Estimate, the Insurance Estimate and the CAM Estimate are sometimes referred to hereinafter collectively as the "Common Cost Estimates".) Lessee shall thereafter during that calendar year pay to Lessor one-twelfth (1/12) of the amount of Lessee's Share of the Common Cost Estimates at the same time its monthly installments of Base Rent hereunder are due and payable. In the event Lessor shall not have furnished the Common Cost Estimates to Lessee by January 1 of any calendar year, then until the first day of the Term on first month next following the month in which Additional Rent is duethe Common Cost Estimates are furnished to Lessee, and Lessee shall pay to Lessor on the first day of each calendar month thereafter during an amount equal to the Term aggregate monthly installment of this LeaseLessee's Share of the Tax Increase, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant Insurance Increase and CAM Charges which was payable by Lessee to Section 2 above, b) Insurance premiums pursuant Lessor with respect to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement the last month of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year. In such event, at such time as Lessor furnishes the Common Cost Estimates to Lessee, Lessor shall give Lessee notice stating whether the aggregate amount of the installments of Lessee's Share of the Tax Increase, Insurance Increase and CAM Charges previously paid for such calendar year is more or less than the aggregate amount of the installments due for such portion of the calendar year as computed in accordance with the Common Cost Estimates, and (bA) if there shall be a deficiency, then within ten (10) days after the Lessee receives the Common Cost Estimates, Lessee shall pay the amount of such deficiency, (B) if there shall have been an overpayment, Lessor shall promptly submit such overpayment to Lessee, and (C) on the first day of the first month next following the month in which the Common Cost Estimates are furnished to Lessee, and monthly thereafter for the balance of such calendar year, Lessee shall pay to Lessor one-twelfth (1/12) of the amount of Lessee's Share of the Tax Increase, Insurance Increase and CAM Charges as set forth in the Common Cost Estimates. (II) At such time as Lessor is able to determine the actual Tax Increase, Insurance Increase and CAM Charges for each calendar year, Lessor shall deliver to Lessee a statement of all charges of real estate taxes assessed against the Property thereof, along with a calculation of, and evidence which reasonably supports, Lessee's Share thereof and, in the preceding fiscal year. If Tenant has made event the estimated payments of Additional Rent during such calendar/fiscal year in excess Tax Increase, Insurance Increase and CAM Charges differ from the actual Tax Increase, Insurance Increase and CAM Charges, then (A) if there shall be a deficiency, then within ten (10) days after Lessee receives the statement of the actual amount dueTax Increase, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding yearInsurance Increase and CAM Charges, Tenant Lessee shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewisesuch deficiency, and (B) if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed have been an overpayment, Lessor shall promptly submit such overpayment amount to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsLessee.

Estimated Payments. Commencing on Landlord or its agent shall furnish to Tenant, prior to the first day Commencement Date and prior to the commencement of each calendar year after the Base Year, a written statement setting forth Landlord's estimate of Tenant's Proportionate Share of the Term on which Additional Rent is dueProject Operating Costs (the "Estimated Operating Statement") for such ensuing calendar year. Tenant shall pay to Landlord, and on the first day of each month, as Additional Rent, an amount equal to one-twelfth (1/12th) at Landlord's estimate of Tenant's Proportionate Share of such Project Operating Costs If, however, Landlord shall fail to furnish any such estimated Operating Statement subsequent to the commencement of any calendar month thereafter year during the Term term of this Lease, than until the first day of the month following the month in which such Estimated Operating Statement is furnished to Tenant, Tenant shall shell pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant Landlord, on the first day of each month, an amount equal to Section 3 above, c) HVAC maintenance pursuant the monthly installment of estimated Project Operating Costs payable under this section with respect to Section 5 above, d) Common Area Charges pursuant the last month of the immediately preceding calendar year. Upon furnishing such Estimated Operating Statement to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basisTenant, Landlord shall provide give notice to Tenant stating whether the Monthly installments of Project Operating Costs which Tenant has paid to date during the current calendar year are more or less than the estimated sums which Tenant should have been paying to Landlord for the current calendar year, based on that Estimated Operating Statement. In the event there is a deficiency with (a) a statement of all actual Common Area Charges and insurance premiums incurred respect to the estimated amounts paid by Tenant to date in the preceding current calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay the amount of such amount due as Additional Rent deficiency within 15 business ten (10) days after notice from Landlord. Any failure by demand therefore; in the event there shall have been an over-payment, Landlord shall permit Tenant to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion credit the amount thereof against the subsequent payments of Additional Rent next due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for during the calendar year in question are less than reported, which Landlord shall provide notifies Tenant with a credit against future Rent in the amount of any overpayment by Tenantsuch over-payment. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that If there shall be no interest any increase or late charge added thereto at decrease in the time same is billed estimated Project Operating Costs for any Lease Year, whether during or after such year, Landlord may furnish to Tenant by reason of a revised interim Estimated Operating Statement and the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section Additional Rent shall be treated adjusted and paid, or refunded by way of credits against future payments, as confidentialthe case may be, or Landlord may wait and make such adjustments as per subparagraph (2) below. Notwithstanding anything herein to the contraryforegoing, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due may adjust its estimate for Taxes at such time as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordstax bills become available.

Estimated Payments. Commencing on Prior to the Commencement Date and prior to January 1 of each subsequent calendar year during the Lease Term, or as soon thereafter as possible, Landlord shall deliver to Tenant an estimate of: (1) the Property Taxes for that calendar year (the “Tax Estimate”); (2) the Insurance costs for that calendar year (the “Insurance Estimate”); and (3) the total CAM Charges for that calendar year (the “CAM Estimate”) and Txxxxx’s Share thereof. (The Tax Estimate, the Insurance Estimate and the CAM Estimate are sometimes referred to hereinafter collectively as the “Common Cost Estimates”.) Tenant shall thereafter during that calendar year pay to Landlord one-twelfth (1/12) of the amount of Tenant’s Share of the Common Cost Estimates at the same time its monthly installments of Base Rent hereunder are due and payable. In the event Landlord shall not have furnished the Common Cost Estimates to Tenant by January 1 of any calendar year, then until the first day of the Term on month following the month in which Additional Rent is duethe Common Cost Estimates are furnished to Tenant, and Tenant shall continue to pay to Landlord on the first day of each calendar month thereafter during its share of the Term Common Cost Estimates based on the previous year’s estimate. At such time as Landlord furnishes the Common Cost Estimates to Tenant, Landlord shall give Tenant notice stating whether the aggregate amount of this Leasethe installments of Tenant’s Share of Tax Increase, Insurance Increase and CAM Charges previously paid for such calendar year is more or less than the aggregate amount of the installments due for such portion of the calendar year as computed in accordance with the Common Cost Estimates, and (1) if there shall be a deficiency, then within ten (10) days after the Tenant receives the Common Cost Estimates, Tenant shall pay Landlord all Additional Rent for: athe amount of such deficiency, (2) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On if there shall have been an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount dueoverpayment, Landlord shall credit Tenant with any overpayment against in the amount thereof toward the subsequent installments of the Common Cost Estimates, and (3) on the first day of the first month next Rent otherwise due. If following the actual Additional Rent due exceeds month in which the estimated payments made by Tenant during Common Cost Estimates are furnished to Tenant, and monthly thereafter for the preceding balance of such calendar year, Tenant shall pay such to Landlord one-twelfth (1/12) of the amount due as Additional Rent within 15 business days after notice from Landlordof Tenant’s Share of the Common Cost Estimates. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of LandlordTenant’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant contest Common Cost Estimates shall be solely responsible for any and all costslimited to six months from date of notification by Landlord. Current monthly Common Cost Estimates, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and recordsbased on one hundred percent of building occupancy, within thirty are Four Thousand Two Hundred Twenty-Nine Dollars (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and records$4,229.00).

Estimated Payments. Commencing on the first day  (a) On each date that an installment of the Term on which Additional Minimum Rent is due, and on the first day of each calendar month thereafter during the Term of this Lease, Tenant shall also pay Landlord all Additional Rent for: a) Real estate taxes pursuant an amount equal to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with one-twelfth (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”l/12lh) of its intent to review share of such estimated Common Charges (as determined by Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year or portion thereof in question are less than reportedwhich such payment is made. Tenant shall pay $666.67 per month toward its share of such Common Charges. On or before June 1 of each year (or thereafter if Landlord shall elect), Landlord shall provide Tenant with a credit against future Rent in statement setting forth the amount due from Tenant on account of Common Charges for the preceding calendar year and the amount of any overpayment estimated Common Charges paid by TenantTenant during such year. Likewise, if Landlord and If the amount due from Tenant determine that Additional Rent for exceeds the calendar year in question are greater than reportedamount of estimated payments, Tenant shall forthwith pay the difference to Landlord within ten (10) days of the receipt of such statement. If the amount of underpayment estimated payments exceeds the amount due, Landlord shall credit such difference to the next installment or installments of estimated payments due under this Section. During any year, Landlord from time to time, may revise its estimate of the Common Charges which will be due for that year and the monthly payments to be made by Tenant with on account thereof.  (b) Tenant shall have the understanding right, upon ten (10) days' prior written notice to Landlord, to audit the applicable records of Landlord to confirm that there shall be no interest or late charge added thereto at the time same is Common Charges billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant are proper and conform to the provisions of this Section Article X. Such audit right shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any exercisable by Tenant within two (2) years of Tenant's receipt of Landlord's annual reconciliation statement of Additional Rent unless Xxxxxx such charges for the applicable year in question. Should any such audit disclose that Tenant has paid to overpaid the Common Charges, then Landlord shall promptly refund the amount due as shown on Landlord’s of the overpayment to Tenant. Should any such audit disclose that Tenant overpaid the Common Area Expenses by five percent (5%) or more, Landlord shall promptly pay for the reasonable cost of such audit. If Tenant does not make an audit within two (2) years from the end of a given year, then the annual statement of actual Additional RentCommon Charges and Tenant's share for such year shall be deemed correct and Tenant shall have no right thereafter to inspect, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and records.audit or contest same. INTIALS: LANDLORD RB TENANT DL  

Estimated Payments. Commencing on Landlord or its agent shall furnish to Tenant, prior to the first day Commencement Date and prior to the commencement of each calendar year after the Base Year, a written statement setting forth Landlord’s estimate of Tenant’s Proportionate Share of the Term on which Additional Rent is dueProject Operating Costs (the “Estimated Operating Statement”) for such ensuing calendar year. Tenant shall pay to Landlord, and on the first day of each month, as Additional Rent, an amount equal to one twelfth ( l/ 12) of Landlord’s estimate of Tenant’s Proportionate Share of such Project Operating Costs. If, however, Landlord shall fail to furnish any such Estimated Operating Statement subsequent to the commencement of any calendar month thereafter year during the Term term of this Lease, then until the first day of the month following the month in which such Estimated Operating Statement is furnished to Tenant, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant Landlord, on the first day of each month, an amount equal to Section 3 above, c) HVAC maintenance pursuant the monthly installment of estimated Project Operating Costs payable under this section with respect to Section 5 above, d) Common Area Charges pursuant the last month of the immediately preceding calendar year. Upon furnishing such Estimated Operating Statement to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basisTenant, Landlord shall provide give notice to Tenant stating whether the monthly installments of Project Operating Costs which Xxxxxx has paid to date during the current calendar year are more or less than the estimated sums which Tenant should have been paying to Landlord for the current calendar year, based on that Estimated Operating Statement. In the event there is a deficiency with (a) a statement of all actual Common Area Charges and insurance premiums incurred respect to the estimated amounts paid by Tenant to date in the preceding current calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay the amount of such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, deficiency within thirty (30) days after such books and records are made available to Tenant, Tenant demand therefor; in the event there shall have been an overpayment, Landlord shall permit Tenant to credit the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within amount thereof against the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement subsequent payments of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for next due during the calendar year in question are less than reported, which Landlord shall provide notifies Tenant with a credit against future Rent in the amount of any overpayment by Tenantsuch overpayment. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that If there shall be no interest any increase or late charge added thereto at decrease in the time same is billed estimated Project Operating Costs for any Lease Year, whether during or after such year, Landlord may furnish to Tenant by reason of a revised interim Estimated Operating Statement and the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section Additional Rent shall be treated adjusted and paid, or refunded by way of credits against future payments, as confidentialthe case may be, or Landlord may wait and make such adjustments as per subparagraph (b) below. Notwithstanding anything herein to the contraryforegoing, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due may adjust its estimate for Taxes at such time as shown on Landlord’s statement of actual Additional Renttax bills become available, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsbut no more frequently than once per year.

Estimated Payments. Commencing Tenant shall make monthly installment payments on an estimated basis toward (i) Costs of Electricity, and (ii) Tenant's Share of Expense Increases, in an amount equal to one-twelfth (1/12) of Landlord's estimate of Costs of Electricity and one-twelfth (1/12) of Landlord's estimate of the Tenant's Share of Expense Increases for the then-current calendar year. Tenant's obligation to make monthly installment payments toward Costs of Electricity shall commence on first (1st) day of the Term on which Additional Rent is duefirst (1st) full calendar month of the Term, and on Tenant's obligation to make monthly installment payments toward Tenant's Share of Expense Increases shall not commence until the first (1st) day of each the thirteenth (13th) full calendar month thereafter during of the Term Term. The foregoing estimate(s) shall be based on Landlord's reasonable estimate of this Lease, Tenant Costs of Electricity and Expense Increases for such calendar year (which shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water not exceed 105% of the prior year's Costs of Electricity and common utility use pursuant to Section 14 belowExpense Increases in the absence of evidence that a larger estimate is warranted). On an annual basis, Landlord shall provide endeavor to communicate such estimate to Tenant on or before the date Landlord provides Tenant with (a) a statement the Expense Statement referenced in Section 9.4, below, provided that until Landlord provides such estimate to Tenant, Tenant's estimated payments will be based upon the prior year's estimate. Landlord currently estimates Costs of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal Electricity to equal $1.00 per square foot per year. If Tenant has made estimated payments of Additional Rent at any time or times during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding calendar year, Tenant shall pay it appears to Landlord that Costs of Electricity or Tenant's Share of Expense Increases for such amount due as Additional Rent within 15 business days after notice calendar year will vary from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases 's estimate by more than five percent (5%) over Additional Rent for the immediately preceding calendar yearon an annualized basis, Landlord may, by written notice to Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of revise its intent to review Landlord’s books and records relating to the Additional Rent estimate for such calendar yearyear and Tenant's estimated payments hereunder for such calendar year shall thereupon be based on such revised estimate. Within a reasonable time after receipt The foregoing notwithstanding, to the extent determined on the basis of a timely Review Noticesubmetering or measuring devices, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office Costs of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant Electricity shall be solely responsible for any and all costs, expenses and fees incurred paid by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books Landlord's written invoice therefor, and records are made available to shall be based upon Tenant, Tenant shall have 's actual consumption at the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent cost charged for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within electrical service by the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsutility provider.

Estimated Payments. Commencing on Prior to or as soon as practicable after the first day beginning of each Fiscal Year subsequent to the Term on which Base Expense Year, Landlord shall notify Tenant of Landlord’s estimate of Tenant’s Expense Share of Additional Rent is due, and on Expenses for the ensuing Fiscal Year (“Landlord’s Estimate”). On or before the first day of each calendar month thereafter during the Term of this LeaseFiscal Year with respect to which Landlord shall have given Tenant a Landlord’s Estimate, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basisLandlord, in advance, the monthly amount set forth on Landlord’s Estimate (the “Monthly Estimated Expense Payment”), provided that until Landlord shall provide give Tenant a new Landlord’s Estimate with (a) a statement of all actual Common Area Charges and insurance premiums incurred in respect to the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against ensuing Fiscal Year, Tenant shall continue to pay the Property in Monthly Estimated Expense Payment on the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess basis of the actual amount due, prior Fiscal Year’s Landlord’s Estimate until the month after the month in which Landlord shall credit have given Tenant with any overpayment against a new Landlord’s Estimate. In the next Rent otherwise due. If first month in which Tenant shall be obligated to pay a new Monthly Estimated Expense Payment based on the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding yearnew Landlord’s Estimate, Tenant shall pay such amount due as to Landlord a sum equal to the product of (x) the difference between the new Monthly Estimated Expense Payment and the prior year’s Monthly Estimated Expense Payment multiplied by (y) the number of months which shall have elapsed since the beginning of the then current Fiscal Year. If at any time or times it appears to Landlord that Tenant’s Expense Share of Additional Rent within 15 business days after notice Expenses for the then-current Fiscal Year shall vary from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases Estimate by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Buildingmay, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available notice to Tenant, Tenant shall have revise the right to give Landlord written notice stating in reasonable detail any objection to XxxxxxxxLandlord’s statement of actual Additional Rent Estimate for such calendar year. If Fiscal Year and subsequent Monthly Estimated Expense Payments by Tenant fails to give Landlord written notice of objection within for such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant Fiscal Year shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for based upon such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on revised Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsEstimate.

Estimated Payments. Commencing (i) Prior to the Commencement Date and prior to January 1 of each subsequent calendar year during the Term of this Lease, or as soon thereafter as possible, Landlord shall deliver to Tenant an estimate of (A) the Tax Charges for that calendar year (the "Tax Estimate"), (B) the Insurance Charges for that calendar year (the "Insurance Estimate"), and (C) the total CAM Charges for that calendar year (the "CAM Estimate") and Tenant's Share thereof. Landlord shall use commercially reasonable efforts to deliver such estimate to Tenant by no later than April 1 of each year during the Term. The Tax Estimate, the Insurance Estimate and the CAM Estimate are sometimes referred to hereinafter collectively as the "Common Cost Estimates". The initial Common Cost Estimates for calendar year 2000 is $1.41 per rentable square foot of the Premises. The Common Cost Estimates for any subsequent calendar year shall not exceed 103% of the Common Cost Estimates for the immediately preceding calendar year, on an aggregate basis (as opposed to a line-by-line or component basis), unless there is a reason for a greater percentage increase and Landlord provides Tenant with information relating thereto. The preceding sentence is not intended and shall not be construed to limit or cap in any way the amount of Additional Rent which may become due and payable pursuant to the provisions of subsection 4(e)(ii) below. Tenant shall thereafter during that calendar year pay to Landlord one-twelfth (1/12) of the amount of Tenant's Share of the Common Cost Estimates at the same time its monthly installments of Base Rent hereunder are due and payable. In the event Landlord shall not have furnished the Common Cost Estimates to Tenant by January 1 of any calendar year, then until the first day of the Term on second month next following the month in which Additional Rent is duethe Common Cost Estimates are furnished to Tenant, and Tenant shall pay to Landlord on the first day of each calendar month thereafter during an amount equal to the Term aggregate monthly installment of this LeaseTenant's Share of the Tax Charges, Insurance Charges and CAM Charges which was payable by Tenant shall pay to Landlord all Additional Rent for: a) Real estate taxes pursuant with respect to Section 2 above, b) Insurance premiums pursuant the last month of the preceding calendar year. In such event, at such time as Landlord furnishes the Common Cost Estimates to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basisTenant, Landlord shall provide give Tenant with (a) a statement notice stating whether the aggregate amount of all actual Common Area the installments of Tenant's Share of the Tax Charges, Insurance Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent CAM Charges previously paid for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant year is more or Tenant’s agent for its review at either Landlord’s home office or at less than the office aggregate amount of the Buildinginstallments due for such portion of the calendar year as computed in accordance with the Common Cost Estimates, provided that and (A) if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) there shall be a CPA firm or an in-house accountant or finance department employee of Tenantdeficiency, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, then within thirty (30) days after the Tenant receives the Common Cost Estimates, Tenant shall pay the amount of such books deficiency, (B) if there shall have been an overpayment, Landlord shall credit Tenant in the amount thereof toward the subsequent installments of the Tax Charges, Insurance Charges and records CAM Charges, and (C) on the first day of the second month next following the month in which the Common Cost Estimates are made available furnished to Tenant, Tenant shall have and monthly thereafter for the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement balance of actual Additional Rent for such calendar year. If , Tenant fails shall pay to give Landlord written notice one-twelfth (1/12) of objection the amount of Tenant's Share of the Tax Charges, Insurance Charges and CAM Charges as set forth in the Common Cost Estimates. (ii) At such time as Landlord is able to determine the actual Tax Charges, Insurance Charges and CAM Charges for each calendar year, Landlord shall deliver to Tenant a statement thereof (including a break down of the charges) and, in the event the estimated Tax Charges, Insurance Charges and CAM Charges differ from the actual Tax Charges, Insurance Charges and CAM Charges, then (A) if there shall be a deficiency, then within such thirty (30) day period or fails to provide Landlord with a Review Notice within days after Tenant receives the ninety (90) day period provided abovestatement of the actual Tax Charges, Insurance Charges and CAM Charges, Tenant shall be deemed to pay the amount of such deficiency, and (B) if there shall have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reportedbeen an overpayment, Landlord shall provide credit Tenant with a credit against future Rent in the amount thereof toward the subsequent installments of the Tax Charges, Insurance Charges and CAM Charges coming due in the next calendar year. Landlord shall use commercially reasonable efforts to deliver such statement to Tenant by no later than April 1 of each year during the Term commencing in calendar year 2002, but Landlord's failure to deliver any such statement to Tenant by April 1 of any calendar year shall not affect Tenant's obligation to pay the amount of any such deficiency. If such statement is not delivered to Tenant by April 1 of any calendar year and if Tenant shall have made an overpayment by requiring a credit as provided in (B) above, then, in those events, there shall be added to such credit interest at the Default Rate from April 1 to the date on which such statement is delivered to Tenant. LikewiseIf such statement with respect to any calendar year of the Term is not delivered to Tenant on or before the date which is two (2) years after the end of the Term, if Landlord and then Tenant determine that Additional Rent shall not be responsible for any deficiency described in (A) above which is applicable to the calendar year in question are greater than reported, for which Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for has not received such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsstatement.

Estimated Payments. Commencing Prior to the commencement of each of Landlord’s accounting years of the Term, Landlord may reasonably estimate the Allocated Cost payable by Tenant for such years pursuant to this provision and, commencing on the first day of the Lease Term on which Additional Rent is due, and on the first day of each calendar month thereafter during the Term of this LeaseCommencement Date, Tenant shall pay to Landlord all Additional Rent for: aon the first of each month in advance, one-twelfth (1/12) Real estate taxes pursuant of Landlord’s estimated amount. At the end of each year there shall be an adjustment made to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water account for any difference between the actual and common utility use pursuant to Section 14 belowthe estimated Operating Expenses for the previous year. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more Operating Expenses no later than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlordyear-end. In the event of any dispute regarding the amount due as Tenant’s statement Share of actual Additional Rent (inclusive of those which vary with occupancy) for a particular Operating Expenses, Tenant shall have the right, not more often than once per calendar year, shall have to audit the right Operating Expenses and to provide Landlord with written notice (the “Review Notice”) of its intent retain an independent company to audit and/or review Landlord’s books and records relating to determine the Additional Rent for proper amount of Tenant’s Share of Operating Expenses. If such calendar year. Within a reasonable time audit or review reveals that Landlord has overcharged Tenant, then within five (5) days after receipt the results of a timely Review Noticesuch audit are made available to Landlord, Landlord shall make reimburse Tenant the amount of such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or overcharge plus interest at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such reviewInterest Rate. If the audit reveals that Tenant elects to review Xxxxxxxx’s books and recordswas undercharged, then within thirty five (305) days after such books and records the results of the audit are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to reimburse Landlord the amount of underpayment such undercharge plus interest thereon at the Interest Rate. If Landlord desires to contest such audit results, Landlord may do so by submitting the results of the audit to arbitration pursuant to Section 19.1 within five (5) days of receipt of the results of the audit, and the arbitration shall be final and binding upon Landlord and Tenant. Tenant agrees to pay the cost of such audit, provided that, if the audit reveals that Landlord’s determination of Tenant’s Share of Operating Expenses as set forth in any statement sent to Tenant was in error in Landlord’s favor by more than two percent (2%), Landlord shall pay the cost of such audit. Landlord shall be required to maintain records of all Operating Expenses and other Rent adjustments for three (3) years following Landlord’s delivery to Tenant of each actual statement setting forth Tenant’s Share of Operating Expenses (the “Review Period”). The payment by Tenant with of any amounts pursuant to this Article 6 shall not preclude Tenant from questioning the understanding that there shall be no interest or late charge added thereto correctness of any statement of actual Operating Expenses provided by Landlord at any time during the time same is billed to Tenant by reason of Review Period, but the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant object thereto prior to the provisions expiration of this Section the Review Period shall be treated as confidential. Notwithstanding anything herein to conclusively deemed Tenant’s approval of the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional RentOperating Expenses. In the event that any other tenant audits or reviews Operating Expenses and an adjustment is made, said payment being the results of such audit or review shall be sent to Tenant to allow Tenant to determine whether Tenant is to be permitted a condition precedent corresponding adjustment; provided, however, that under no circumstances shall Tenant be required to Xxxxxx’s right to examine Xxxxxxxx’s books and recordssupplement any Operating Expenses previously paid by Tenant as the result of any audit conducted by another tenant.

Estimated Payments. Commencing on Unless otherwise expressly designated herein, all monetary amounts payable to Landlord pursuant to this Lease shall be payable as follows: (a) During December of each Lease Year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable hereunder for the first day of the Term on which Additional Rent is due, and on ensuing Lease Year. On or before the first day of each calendar month thereafter during the Term ensuing Lease Year, Tenant shall pay to Landlord 1/12 of such estimated amounts, provided that if such notice is not given in December Tenant shall continue to pay on the basis of the prior year's estimate until the month after such notice is given. If, at any time or times, it appears to Landlord that the amounts payable for the current Lease Year will vary from its estimate by more than 5%, Landlord shall, by notice to Tenant, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate. (b) Within 90 day after the close of each Lease Year or as soon after such 90-day period as practicable, Landlord shall deliver to Tenant a statement of amounts payable for such Lease Year. If on the basis of such statement Tenant owes an amount that is less than the estimated payments for such Lease Year previously made by Tenant and Tenant is not in default hereunder, Tenant shall receive a credit in the amount if such excess against the installments due under Section 2 hereof prorated over the balance of the remaining calendar year. If on the basis of such statement Tenant owes an amount that is more than the estimated payments for such Lease Year previously made by Tenant, Tenant shall pay the deficiency to Landlord within 30 days after delivery of the statement. (c) If this Lease shall terminate on other than the last day of a calendar year, the adjustment in rent applicable to the Lease Year in which such termination shall occur shall be prorated on the basis which the number of days from the commencement of such Lease Year to and including such expiration date bears to 365. If the adjustment in rent is not determined until after the termination of this Lease, any excess amounts due Tenant or deficiency amounts due Landlord shall pay be paid in cash within 30 days after delivery of the statement setting forth such adjustment determination. (d) Notwithstanding the foregoing, if, at any time, Landlord all Additional Rent for: a) Real estate taxes incurs for any item actual costs or expenses which are reimbursable in whole or in part by Tenant pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water this Lease and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year costs or expenses are in excess of the actual estimated amount duebudgeted for such item and otherwise payable by Tenant, then, upon written demand from Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made accompanied by Tenant during the preceding yeara statement of such costs of expenses, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the full amount of underpayment by Tenant with the understanding that there shall be no interest any excess reimbursable costs or late charge added thereto at the time same is billed to Tenant by reason expenses within 30 days of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsbilled.

Estimated Payments. Commencing on Prior to the first day of the Term on which Additional Rent is due, and on the first day commencement of each calendar month thereafter Lease Year during the Term of this LeaseTerm, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basisor as soon thereafter as is practicable, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in estimate the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained Operating Expenses payable by Tenant pursuant to this Section 6.a and Tenant shall pay to Landlord on the first of each month, in advance, one-twelfth (1/12) of Landlord's estimated amount of Tenant's Share ("Tenants Share") of Building 2 Operating Expenses, Building 3 Operating Expenses and Project Operating Expenses. Subject to the provisions of this Section 6.a(xii), if Landlord's estimate is given at any time after the beginning of a Lease Year, the first payment after delivery of the estimate shall be treated include the aggregate of the underpayments for the prior months in the Lease Year as confidential. Notwithstanding anything herein if the applicable statement of estimated Operating Expenses been timely given prior to the contrarybeginning of the Lease Year and as if the adjusted amounts of Operating Expenses had been due from the first month of the Lease Year. Landlord's estimate shall include a comparison, Xxxxxx by each category, of the prior Lease Year's Operating Expenses (in terms of both dollars and percentages) and, if requested by Tenant, shall include a reasonably detailed description of the reasons for increases to support Landlord's estimate. If Landlord does not provide an estimate (and, if requested by Tenant, a reasonably detailed description) to Tenant prior to the commencement of a Lease Year, Tenant shall continue, until the month after Tenant receives Landlord's estimate of the revised Operating Expenses (and, if requested by Tenant, reasonable, detailed documentation), to pay the Operating Expenses based on the prior Lease Year's estimate. After a Lease Year has commenced, Landlord may revise its estimate of Operating Expenses; provided that Landlord shall not be permitted to examine Xxxxxxxx’s books and records or to dispute revise its estimate more than twice during any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsLease Year.

Estimated Payments. Commencing on Unless otherwise expressly designated herein, all monetary amounts payable to Tenant to Landlord pursuant to this Lease shall be payable as follows: (a) During December of each Lease Year or as soon thereafter as practicable, Landlord shall give Tenant notice of its estimate of amounts payable hereunder for the first day of the Term on which Additional Rent is due, and on ensuing Lease Year. On or before the first day of each calendar month thereafter during the Term ensuing Lease Year, Tenant shall pay to Landlord 1/12 of such estimated amounts, provided that if such notice is not given in December Tenant shall continue to pay on the basis of the prior year's estimate until the month after such notice is given. If, at any time or times, it appears to Landlord that the amounts payable for the current Lease Year will vary from its estimate by more than 5%, Landlord shall, by notice to Tenant, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate. (b) Within 90 day after the close of each Lease Year or as soon after such 90- day period as practicable, Landlord shall deliver to Tenant a statement of amounts payable for such Lease Year. If on the basis of such statement Tenant owes an amount that is less than the estimated payments for such Lease Year previously made by Tenant and Tenant is not in default hereunder, Tenant shall receive a credit in the amount if such excess against the next installments due under paragraphs 6 and 7 hereof. If on the basis of such statement Tenant owes an amount that is more than the estimated payments for such Lease Year previously made by Tenant, Tenant shall pay the deficiency to Landlord within 30 days after delivery of the statement. (c) If this Lease shall terminate an other than the last day of a calendar year, the adjustment in rent applicable to the Lease Year in which such termination shall occur shall be prorated on the basis which the number of days from the commencement of such Lease Year to and including such expiration date bears to 365. If the adjustment in rent is not determined until after the termination of this Lease, any excess amounts due Tenant or deficiency amounts due Landlord shall pay be paid in cash within 30 days after delivery of the statement setting forth such adjustment determination. (d) Notwithstanding the foregoing, if, at any time, Landlord all Additional Rent for: a) Real estate taxes incurs for any item actual costs or expenses which are reimbursable in whole or in part by Tenant pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water this Lease and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year costs or expenses are in excess of the actual estimated amount duebudgeted for such item and otherwise payable by Tenant, then, upon written demand ftom Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made accompanied by Tenant during the preceding yeara statement of such costs of expenses, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the full amount of underpayment by Tenant with the understanding that there shall be no interest any excess reimbursable costs or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsexpenses.

Estimated Payments. Commencing On or before the first day of each month after the Rent Commencement Date, Tenant shall pay to Landlord the Estimated Insurance Cost (as defined below) for that month. If the Rent Commencement Date starts on any day other than the first day of the Term on which Additional Rent is duemonth, and on Landlord will provide to Tenant, within 30 days after the first day of each calendar the next month or as soon thereafter during as practicable, a statement of the Term actual Insurance Cost for the period of this Leasetime from the Rent Commencement Date to the first day of the next month, and Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on actual Insurance Cost. The “Estimated Insurance Cost” for each month of Lease Year One shall be $332.25. The Estimated Insurance Cost is subject to revision according to this Section 10.1.1 and Section 10.1.2. Within 60 days of the last day of each Lease Year of the Term, or as soon thereafter as practicable, Landlord will give Tenant written notice of Landlord’s statement Estimated Insurance Cost for each month of actual Additional Rentthe ensuing Lease Year. On or before the first day of the month during that ensuing Lease Year, said payment being Tenant will pay to Landlord the Estimated Insurance Cost for that month; however, if such notice is not given until after the new Lease Year has begun, Tenant will continue to pay on the basis of the prior Lease Year’s Estimated Insurance Cost until the month after such notice is given. In the month Tenant first pays Landlord’s new Estimated Insurance Cost, Tenant will pay to Landlord the difference between the new Estimated Insurance Costs and the amount paid to Landlord on the basis of the prior year’s Estimated Insurance Cost, for each month which has elapsed since the new Lease Year began. If at any time or times it reasonably appears to Landlord that the amount payable for the Insurance Cost will vary from Landlord’s estimate, then Landlord may, by written notice to Tenant, revise Landlord’s estimate for such Lease Year, and subsequent payments by Tenant for such Lease Year will be based upon Landlord’s reasonable revised estimate. All moneys paid to Landlord under this Section 10 may be intermingled with other moneys of Landlord and shall not bear interest. In the event of a condition precedent default by Tenant in the performance of its obligations under this Lease, then any balance of funds paid to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsLandlord under the provisions of this Section may, at the option of Landlord, be treated as an additional Security Deposit.

Estimated Payments. Commencing on Prior to or as soon as practicable after the first day beginning of each Fiscal Year subsequent to the Term on which Base Expense Year, Landlord shall notify Tenant of Landlord’s estimate of Tenant’s Expense Share of Additional Rent is due, and on Expenses for the ensuing Fiscal Year (“Landlord’s Estimate”). On or before the first day of each calendar month thereafter during the Term of this LeaseFiscal Year with respect to which Landlord shall have given Tenant a Landlord’s Estimate, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basisLandlord, in advance, the monthly amount set forth on Landlord’s Estimate (the “Monthly Estimated Expense Payment”), provided that until Landlord shall provide give Tenant a new Landlord’s Estimate with (a) a statement of all actual Common Area Charges and insurance premiums incurred in respect to the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against ensuing Fiscal Year, Tenant shall continue to pay the Property in Monthly Estimated Expense Payment on the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess basis of the actual amount due, prior Fiscal Year’s Landlord’s Estimate until the month after the month in which Landlord shall credit have given Tenant with any overpayment against a new Landlord’s Estimate (provided that Tenant shall not be obligated to commence paying the next Rent otherwise duenew Monthly Estimated Expense Payment less than fifteen (15) days after Landlord shall have given Tenant the new Landlord’s Estimate). If In the actual Additional Rent due exceeds first month in which Tenant shall be obligated to pay a new Monthly Estimated Expense Payment based on the estimated payments made by Tenant during the preceding yearnew Landlord’s Estimate, Tenant shall pay such amount due as to Landlord a sum equal to the product of (x) the difference between the new Monthly Estimated Expense Payment and the prior year’s Monthly Estimated Expense Payment multiplied by (y) the number of months which shall have elapsed since the beginning of the then current Fiscal Year. If at any time or times Landlord reasonably estimates that Tenant’s Expense Share of Additional Rent within 15 business days after notice Expenses for the then-current Fiscal Year shall vary from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases Estimate by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Buildingmay, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available notice to Tenant, Tenant shall have revise the right to give Landlord written notice stating in reasonable detail any objection to XxxxxxxxLandlord’s statement of actual Additional Rent Estimate for such calendar year. If Fiscal Year and subsequent Monthly Estimated Expense Payments by Tenant fails to give Landlord written notice of objection within for such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant Fiscal Year shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for based upon such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on revised Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsEstimate.

Estimated Payments. Commencing on Prior to the Commencement Date and prior to January 1 of each calendar year during the Lease Term, or as soon as possible thereafter, Landlord shall deliver to Tenant an estimate of: (1) the total Taxes assessed for that calendar year (the "Tax Estimate"); (2) the total Insurance rates for that calendar year (the "Insurance Estimate"); and (3) the total CAM Charges for that calendar year (the "CAM Estimate"). (The Tax Estimate, the Insurance Estimate and the CAM Estimate are sometimes referred to hereinafter collectively as the "Common Cost Estimates".) In addition, at that time, Landlord shall provide Tenant with a statement of Tenant's estimated prorata share of the foregoing charges due pursuant to subsections (A) and (B) above and subject to the proration described in subsection (D) below and any proration due as a result of an incomplete calendar year at the commencement or end of the Lease Term. Tenant shall thereafter during that calendar year pay to Landlord one-twelfth (1/12) of the amount of Tenant's Share of the Common Cost Estimates at the same time its monthly installments of Base Rent hereunder are due and payable. In the event Landlord shall not have furnished the Common Cost Estimates to Tenant by January 1 of any calendar year, then until the first day of the Term on month following the month in which Additional Rent is duethe Common Cost Estimates are furnished to Tenant, and Tenant shall continue to pay to Landlord on the first day of each calendar month thereafter during its share of the Term of this Lease, Tenant shall pay Common Cost Estimates based on the previous year's estimate. At such time as Landlord all Additional Rent for: a) Real estate taxes pursuant furnishes the Common Cost Estimates to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basisTenant, Landlord shall provide give Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in notice stating whether the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess aggregate amount of the actual amount dueinstallments of Tenant's Share of Tax Increase, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books Insurance Increase and records relating to the Additional Rent CAM Charges previously paid for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant year is more or Tenant’s agent for its review at either Landlord’s home office or at less than the office aggregate amount of the Buildinginstallments due for such portion of the calendar year as computed in accordance with the Common Cost Estimates, provided that and (1) if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) there shall be a CPA firm or an in-house accountant or finance department employee of Tenantdeficiency, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, then within thirty (30) days after the Tenant receives the Common Cost Estimates, Tenant shall pay the amount of such books deficiency, (2) if there shall have been an overpayment, Landlord shall credit Tenant in the amount thereof toward the subsequent installments of the Tax Increase, Insurance Increase and records CAM Charges, and (3) on the first day of the first month next following the month in which the Common Cost Estimates are made available furnished to Tenant, Tenant shall have and monthly thereafter for the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement balance of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed pay to have approved Xxxxxxxx’s statement Landlord one-twelfth (1/12) of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant's Share of the Tax Increase, Insurance Increase and CAM Charges as set forth in the Common Cost Estimates. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay Tenant's right to Landlord the amount of underpayment by Tenant with the understanding that there contest CAM Charges shall be no interest or late charge added thereto at the time same is billed limited to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and records.six months from

Estimated Payments. Commencing on Beginning ninety (90) days after the first day Commencement Date (currently projected to be September 1, 2003), Tenant shall pay to Landlord, as additional rent, an amount equal to 1112th of Tenant's Proportionate Share of the Term on which Additional Rent is dueEstimated Operating Expenses (collectively, and the "Estimated Payments"). Tenant shall make its Estimated Payments on the first day of each calendar month. Tenant shall pay the amount of the Estimated Payments until the amount is adjusted, effective the first day of the next succeeding calendar month thereafter during (provided Tenant shall have been given at least ten (10) days prior written notice of such adjustment), based upon Landlord's determination of the Term Estimated Operating Expenses for the applicable calendar year. Landlord shall not adjust the amount of this LeaseEstimated Payments more than once per year, excluding any adjustments made effective January 1 for the upcoming year. In the event of such a mid-year adjustment, in the month Tenant first makes a payment based on the adjusted Estimated Payment, Tenant shall pay to Landlord all Additional Rent for: athe difference between the lesser of: i) Real estate taxes pursuant the amount payable based on the adjusted Estimated Payments, and ii) the amount finally determined by Landlord (if such amount has been determined) as the actual Operating Expenses for the prior year; less the amount payable based upon the Estimated Payments in effect prior to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basisthe adjustment, Landlord shall provide Tenant with (a) a statement for each month which has elapsed since December of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal prior year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess Notwithstanding anything contained herein to the contrary, for the period consisting of the actual amount due, Landlord shall credit Tenant with any overpayment against 91" day of the next Rent otherwise due. If Lease Term through the actual Additional Rent due exceeds 165& day of the estimated payments made by Tenant during the preceding yearLease Term, Tenant shall only be obligated to pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord an Estimated Payment* of $9.46 per rentable square foot of the Premises subject to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due adjustment pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsArticle 2.

Estimated Payments. Commencing on Prior to the Commencement Date and prior to January 1 of each subsequent calendar year during the Lease Term, or as soon thereafter as possible, Landlord shall deliver to Tenant an estimate of; (1) the Property Taxes for that calendar year (the “Tax Estimate”); (2) the Insurance costs for that calendar year (the “Insurance Estimate”); and (3) the total CAM Charges for that calendar year (the “CAM Estimate”) and Tenant’s Share thereof. (The Tax Estimate, the Insurance Estimate and the CAM Estimate are sometimes referred to hereinafter collectively as the “Common Cost Estimates”.) Tenant shall thereafter during that calendar year pay to Landlord one-twelfth (1/12) of the amount of Tenant’s Share of the Common Cost Estimates at the same time its monthly installments of Base Rent hereunder are due and payable. In the event Landlord shall not have furnished the Common Cost Estimates to Tenant by January 1 of any calendar year, then until the first day of the Term on month following the month in which Additional Rent is duethe Common Cost Estimates are furnished to Tenant, and Tenant shall continue to pay to Landlord on the first day of each calendar month thereafter during its share of the Term Common Cost Estimates based on the previous year’s estimate. At such time as Landlord furnishes the Common Cost Estimates to Tenant, Landlord shall give Tenant notice stating whether the aggregate amount of this Leasethe installments of Tenant’s Share of Tax Increase, Insurance Increase and CAM Charges previously paid for such calendar year is more or less than the aggregate amount of the installments due for such portion of the calendar year as computed in accordance with the Common Cost Estimates, and (1) if there shall be a deficiency, then within ten (10) days after the Tenant receives the Common Cost Estimates, Tenant shall pay Landlord all Additional Rent for: athe amount of such deficiency, (2) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On if there shall have been an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount dueoverpayment, Landlord shall credit Tenant with any overpayment against in the amount thereof toward the subsequent installments of the Common Cost Estimates, and (3) on the first day of the first month next Rent otherwise due. If following the actual Additional Rent due exceeds month in which the estimated payments made by Tenant during Common Cost Estimates are furnished to Tenant, and monthly thereafter for the preceding balance of such calendar year, Tenant shall pay such to Landlord one-twelfth (1/12) of the amount due as Additional Rent within 15 business days after notice from Landlordof Tenant’s Share of the Common Cost Estimates. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of LandlordTenant’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant contest Common Cost Estimates shall be solely responsible for any and all costslimited to six months from date of notification by Landlord. Current monthly Common Cost Estimates, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and recordsbased on one hundred percent of building occupancy, within thirty are Four Thousand Two Hundred Twenty-Nine Dollars (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and records$4,229.00).

Estimated Payments. Commencing Tenant shall make monthly installment payments on an estimated basis toward (i) Costs of Electricity, and (ii) Tenant's Share of Expense IncreasfS, in an amount equal to one-twelfth (1112) of Landlord's estimate of Costs of Electricity and one-twelfth (1112) of Landlord's estimate of the Tenant's Share of Expense Increases for the theri-current calendar year. Tenant's obligation to make monthly installment payments toward Costs of Electricity shall commence on first (1st) day of the Term on which Additional Rent is duefirst (1st) month of the Term, and on Tenant's obligation to make monthly installment payments toward Tenant's Share of Expense lncreakes shall not commence until the first (1st) day of each calendar month thereafter during year 2004. The foregoing estimate(s) ishall be based on Landlord's reasonable estimate of Costs of Electricity and Expense Increases for suchIcalendar year (which shall not exceed 105% of the Term prior year's Costs of this Lease, Tenant shall pay Landlord all Additional Rent for: a) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water Electricity and common utility use pursuant to Section 14 belowExpense Increases in the absence of evidence that a larger estimate is warranted). On an annual basis, Landlord shall provide ehdeavor to communicate such estimate to Tenant with (a) a statement on or before the date Landlord provides Tenant fvith the Expense Statement referenced in Section 9.4, below, provided that until Landlord provides such estimate to Tenant, Tenant's estimated payments will be based upon the prior year's estimate. Ifat any time or times during such calendar year, it appears to Landlord that Costs of all actual Common Area Charges and insurance premiums incurred in the preceding Electricity or Tenant's Share of Expense Increases for such calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice will vary from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases 's estimate by more than five percent (5%) over Additional Rent for the immediately preceding calendar yearon an annualized basis, TenantLandlord may, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with by written notice (the “Review Notice”) of tolTenant, revise its intent to review Landlord’s books and records relating to the Additional Rent estimate for such calendar yearyear and Tenant's estimated payments hereunder for sU9hcalen- dar year shall thereupon be based on such revised estimate. Within a reasonable time after receipt The foregoing notwithstanding, to the extent determined on the basis of a timely Review Noticesubmetering or measuring devices, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office Costs of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) Electricity ishall be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred paid by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books Landlord's written invoice therefor, and records are made available to shall be based upon Tenant, Tenant shall have 's actual consumption at the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent cost charged for such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment electrical service by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsme utility provider.

Estimated Payments. Commencing on Prior to the first day of Commencement Date and, thereafter, prior to the Term on which Additional Rent is due, and on the first day beginning of each calendar month thereafter during year of the Term Term, Landlord shall make a reasonable estimate of this Leasethe Operating Expenses. Beginning on the Commencement Date, Tenant shall pay to Landlord all Additional Rent for: aon the first of each month, in advance, one-twelfth (1/12) Real estate taxes pursuant to Section 2 above, b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums incurred in Landlord's estimated amount of the preceding Operating Expense for the calendar year and (b) a statement of all charges of real estate taxes assessed against the Property in the preceding fiscal yearquestion. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise due. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within Within ninety (90) days after receiving Landlord’s the end of each calendar year during the Term, Landlord shall forward to Tenant a statement of the actual Additional Rent (inclusive of those which vary with occupancy) Operating Expenses for a particular calendar such year, which statement shall have include a summary of the right prior year's actual Operating Expenses. Within five (5) days after notice from Tenant, Landlord shall submit to provide Tenant invoices or other proof of payment reasonably acceptable to Tenant to evidence the actual payment by Landlord with written of any Operating Expenses. All statements, invoices and correspondence regarding Operating Expenses shall be sent to Tenant at Tenant's address for notice as set forth in Section 32 below and shall contain thereon or therein, for reference purposes, the address of the Premises. Within thirty (30) days after Landlord's delivery of such statement of Operating Expenses there shall be an adjustment made to account for any difference between the “Review Notice”) of its intent to review Landlord’s books actual and records relating to the Additional Rent estimated Operating Expenses for such the previous calendar year. Within a reasonable time after receipt If Tenant has overpaid the amount of a timely Review NoticeOperating Expenses owing pursuant to this provision, Tenant shall subtract the amount of such overpayment from the next payment of Rent; provided, however, that in the case of an overpayment for the portion of the calendar year in which this Lease terminates, Landlord shall make refund such books and records available overpayment to Tenant or Tenant’s agent for its review at either Landlord’s home office or at within thirty (30) days following the office end of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any such final calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects has underpaid the amount owing pursuant to review Xxxxxxxx’s books and recordsthis provision, Tenant shall pay the amount of such underpayment to Landlord within thirty (30) days after such books and records are made available to Tenant, Tenant shall have the right to give Landlord receipt of Landlord's written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for Operating Expenses following the end of such calendar year. If Tenant fails to give Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and records.

Estimated Payments. Commencing on Unless otherwise expressly designated herein, all monetary amounts payable by Tenant to Landlord pursuant to this Lease shall be payable as follows: (a) During December of each Calendar Year or as soon thereafter as practicable, Landlord shall give Tenant Notice of its estimate of amounts payable hereunder for the first day of the Term on which Additional Rent is due, and on ensuing Calendar Year. On or before the first day of each calendar month thereafter during the Term of this Leaseensuing Calendar Year, Tenant shall pay to Landlord all Additional Rent for:1/12 of such estimated amounts, provided that if such notice is not given in December, Tenant shall continue to pay on the basis of the prior year's estimate until the month such notice is given. If at any time or times it appears to Landlord that the amounts payable for the current Calendar Year will vary from its estimate by more than 5%, Landlord shall, by notice to Tenant, revise its estimate for such year, in which case subsequent payments by Tenant for such year shall be based upon such revised estimate. a) Real estate taxes pursuant to Section 2 above, (b) Insurance premiums pursuant to Section 3 above, c) HVAC maintenance pursuant to Section 5 above, d) Common Area Charges pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 below. On an annual basisWithin 90 days after the close of each Calendar Year or as soon after such 90-day period as practicable, Landlord shall provide deliver to Tenant with (a) a statement of all actual Common Area Charges amounts payable for such Calendar Year. If on the basis of such statement Tenant owes an amount that is less than the estimated payments for such Calendar Year previously made by Tenant and insurance premiums incurred Tenant is not in default hereunder, Tenant shall receive a credit in the preceding calendar year and (b) a statement amount of all charges of real estate taxes assessed against the Property in the preceding fiscal year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise dueinstallments due under paragraphs 6 and 7 hereof. If on the actual Additional Rent due exceeds basis of such statement, Tenant owes an amount that is more than the estimated payments for such Calendar Year previously made by Tenant during the preceding yearTenant, Tenant shall pay such amount due as Additional Rent within 15 business days after notice from Landlord. Any failure by the deficiency to Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. If Additional Rent for any calendar year increases by more than five percent (5%) over Additional Rent for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an in-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and fees incurred by Tenant or Xxxxxx’s agent in connection with such review. If Tenant elects to review Xxxxxxxx’s books and records, within thirty (30) days after such books and records are made available to Tenant, Tenant delivery of the statement (c) If this Lease shall have terminate on other than the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement last day of actual Additional Rent for such a calendar year, the adjustment in rent applicable to the Calendar Year in which such termination shall occur shall be prorated on the basis which the number of days from the commencement of such Calendar Year to and including such expiration date bears to 365. If the adjustment in rent is not determined until after the termination of this Lease, any excess amounts due Tenant fails to give or deficiency amounts due Landlord written notice of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent paid in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxx, Landlord and Tenant shall work together in good faith to resolve the discrepancy between Xxxxxxxx’s statement and Xxxxxx’s review. If Landlord and Tenant determine that Additional Rent for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment by Tenant with the understanding that there shall be no interest or late charge added thereto at the time same is billed to Tenant by reason cash within 30 days after delivery of the failure of Tenant to previously have paid same when the excess was billed for statement setting forth such reviewed period. Any information obtained by Tenant pursuant to the provisions of this Section shall be treated as confidential. Notwithstanding anything herein to the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records or to dispute any statement of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsadjustment determination.

Estimated Payments. Commencing on the first day of the Term on which Additional Rent is dueCommencement Date, and on the first day of each calendar month thereafter during the Term of this Lease, Tenant shall pay Landlord all Additional Rent for: (a) Real estate taxes Taxes pursuant to Section 2 6 above, , (b) Insurance premiums ). Operating Expenses pursuant to Section 3 8 above, , (c) ). HVAC maintenance pursuant to Section 5 9 above, , if any, and (d) Common Area Charges ). Utilities pursuant to Section 4 above and e) Water and common utility use pursuant to Section 14 17 below, if any. On an annual basis, Landlord shall provide Tenant with (a) a statement of all actual Common Area Charges and insurance premiums Operating Expenses incurred in the preceding calendar year and (b) a statement of all charges of real estate taxes Taxes assessed against the Property in the preceding fiscal tax year. If Tenant has made estimated payments of Additional Rent during such calendar/fiscal year in excess of the actual amount due, Landlord shall credit Tenant with any overpayment against the next Rent otherwise duedue or refund any overpayment at Tenant's option. If the actual Additional Rent due exceeds the estimated payments made by Tenant during the preceding year, Tenant shall pay such amount due as Additional Rent within 15 business thirty (30) days after notice from Landlord. Any failure by Landlord to deliver such statements shall not constitute a default by Landlord or operate as a waiver of Landlord’s 's right to collect all or any portion of Additional Rent due pursuant to the terms of this Lease. Within ninety (90) days following Xxxxxx’s receipt of the statement of all actual Operating Expenses incurred in the preceding year and statement of Taxes assessed against the Property in the preceding year and upon ten (10) days’ prior written notice, so long as no Event of Default is continuing under this Lease, Tenant may, at Tenant’s sole cost and expense, cause an independent certified public accountant reasonably acceptable to Landlord (which shall not be compensated on a contingency basis) to audit Landlord’s books and records relating to the prior year’s actual Operating Expenses and Taxes at a mutually convenient time during normal business hours at Landlord’s office, the property manager’s office, or other location where the applicable records are maintained, and to make copies thereof at Tenant’s expense. Xxxxxx agrees to provide to Landlord copies of any and all reports, summaries, conclusions, and other results of such audit within ten (10) days following Xxxxxx’s receipt thereof. Tenant’s election to audit shall be deemed withdrawn if Tenant does not complete such audit within ninety (90) days following receipt of access to Landlord’s books and records. If the audit discloses that the total amount invoiced to Tenant after year-end reconciliation for such year exceeds the actual Tenant’s Percentage of Operating Expenses or Tenant’s Percentage of Taxes and unless Landlord reasonably contests such audit results, Landlord shall credit the amount of overpayment towards any outstanding Rent, and then to Tenant’s next due payment of Rent, or if this Lease has expired, Landlord shall refund the same to Tenant within thirty (30) days after Xxxxxxxx’s receipt of the audit results. If such audit discloses that the total amount invoiced to Tenant after year-end reconciliation for such year is less than Tenant’s Percentage of Operating Expenses or Tenant’s Percentage of Taxes, Tenant shall pay the same to Landlord, as Additional Rent for Rent, within thirty (30) days after receipt of the audit results. Pending resolution of any calendar year increases audit under this Section, Tenant will continue to pay to Landlord all estimated amounts of Tenant’s Percentage of Operating Expenses or Tenant’s Percentage of Taxes in accordance Sections 6 and 8. Except as required in connection with any legal proceeding, Tenant and Xxxxxx’s accountant shall keep all information it obtains in any such audit and the results of any such audit confidential as to all parties other than Landlord, and shall enter into a commercially reasonable written confidentiality agreement prior to conducting such audit at Landlord’s request. In the event the audit determines that Landlord has overstated Tenant’s Percentage of Operating Expenses or Tenant’s Percentage of Taxes by more than five percent (5%) over Additional Rent and Landlord agrees, then Landlord shall be responsible for the immediately preceding calendar year, Tenant, within ninety (90) days after receiving Landlord’s statement payment of actual Additional Rent (inclusive of those which vary with occupancy) for a particular calendar year, shall have the right to provide Landlord with written notice (the “Review Notice”) of its intent to review Landlord’s books and records relating to the Additional Rent for such calendar year. Within a reasonable time after receipt of a timely Review Notice, Landlord shall make such books and records available to Tenant or Tenant’s agent for its review at either Landlord’s home office or at the office of the Building, provided that if Tenant retains an agent to review Landlord’s books and records for any calendar year, such agent must (i) be a CPA firm or an inout-house accountant or finance department employee of Tenant, (ii) not be compensated on a contingency basis and (iii) execute a copy of a confidentiality agreement with respect to such review. Tenant shall be solely responsible for any and all costs, expenses and of-pocket audit fees incurred by Tenant or Xxxxxx’s agent in connection with under this Section 10 (such review. If Tenant elects amount not to review Xxxxxxxx’s books and recordsexceed $7,500), which payment shall be due within thirty (30) days after such books and records are made available to Tenant's demand therefor (which demand shall be accompanied by invoices, paid receipts and/or other reasonable documentation evidencing the costs incurred by Tenant shall have the right to give Landlord written notice stating in reasonable detail any objection to Xxxxxxxx’s statement of actual Additional Rent for such calendar yearaudit). If Tenant fails to give Should Landlord written notice disagree with the results of objection within such thirty (30) day period or fails to provide Landlord with a Review Notice within the ninety (90) day period provided above, Tenant shall be deemed to have approved Xxxxxxxx’s statement of Additional Rent in all respects and shall thereafter be barred from raising any claims with respect thereto. Upon Xxxxxxxx’s receipt of a timely objection notice from Xxxxxxaudit, Landlord and Tenant shall refer the matter to a mutually acceptable independent certified public accountant, who shall work together in good faith with Landlord and Tenant to resolve the discrepancy between Xxxxxxxx’s statement discrepancy. The fees and Xxxxxx’s reviewcosts of such independent accountant to which such dispute is referred shall be borne by the unsuccessful party and shall be shared pro rata to the extent each party is unsuccessful as determined by such independent certified public account, whose decision shall be final and binding. If the independent certified public accountant determines that that Landlord and Tenant determine that Additional Rent has overstated Tenant’s Percentage of Operating Expenses or Tenant’s Percentage of Taxes by more than five percent (5%), then Landlord shall be responsible for the calendar year in question are less than reported, Landlord shall provide Tenant with a credit against future Rent in the amount payment of any overpayment by Tenant. Likewise, if Landlord and Tenant determine that Additional Rent for the calendar year in question are greater than reported, Tenant shall forthwith pay to Landlord the amount of underpayment reasonable out-of-pocket audit fees incurred by Tenant with under this Section 10 relative to the understanding that there initial Tenant audit, which payment shall be no interest or late charge added thereto at due within thirty (30) days after Tenant's demand therefor (which demand shall be accompanied by invoices, paid receipts and/or other reasonable documentation evidencing the time same is billed to costs incurred by Tenant by reason of the failure of Tenant to previously have paid same when the excess was billed for such reviewed periodaudit). Any information obtained by Tenant pursuant to the provisions The terms and conditions of this Section paragraph shall be treated as confidential. Notwithstanding anything herein to survive the contrary, Xxxxxx shall not be permitted to examine Xxxxxxxx’s books and records expiration or to dispute any statement earlier termination of Additional Rent unless Xxxxxx has paid to Landlord the amount due as shown on Landlord’s statement of actual Additional Rent, said payment being a condition precedent to Xxxxxx’s right to examine Xxxxxxxx’s books and recordsthis Lease.