HEATING COSTS. Tenant agrees that in the event Heating Costs for any calendar year shall be greater than the Heating Costs for the calendar year 2009 as a result of but not limited to increases in or additions to the number of units used, rates, fuel adjustments, taxes, surcharges, energy charges or charges of any kind, Tenant agrees to pay to Owner within ten (10) days after receipt of Owner’s statement, 1.179% of such excess for the particular calendar year. Such statement shall be deemed final and binding on Tenant unless disputed by Tenant within 30 days after receipt thereof. Heating Costs as used in this Article 42 shall mean fuel costs if Owner continues to use its own heating plant or the cost of outside heating or steam if the Owner uses an off-premises heating service.

HEATING COSTS. Tenant agrees that in the event Heating Costs for any calendar year shall be greater than the Heating Costs for the calendar year preceding the execution date of this Lease as a result of but not limited to increases in or additions to the number of units used, rates, fuel adjustments, taxes, surcharges, energy charges or charges of any kind, Tenant agrees to pay to Owner within ten (10) days after receipt of Owner's statement, 2.446% of such excess for the particular calendar year (prorated for any partial year within the term). Such statement shall be deemed final and binding on Tenant unless disputed by Tenant within 30 days after receipt thereof. Heating Costs as used in this Article 42 shall mean fuel costs if Owner continues to use its own heating plant or the cost of outside heating or steam if the Owner uses an off-premises heating service.

HEATING COSTS. (1) The prepayment on heating costs agreed upon in Section 5 hereof will be payable for the heating costs set forth below. By way of prepayment for the heating costs set forth below, Tenant will each month pay in advance (euro) 1,506.93 (= DM 2,947.30) (Euro: one thousand five hundred and six 93/100) (Deutsche Marts two thousand nine hundred and forty-seven.30/100) plus VAT in the amount prescribed by law. (2) For purposes of this Lease, heating costs in particular include the costs of fuel and fuel supply, operating current, servicing, maintenance, monitoring, control of heating, fuel, and exhaust-air systems, regular inspection of their operational readiness and operational safety including expert setting, cleaning of installations and the respective rooms, measurements according to the German Law Concerning the Protection against Harmful Effects on the Environment through Air Pollution, Noise, Vibrations, and Similar Factors (Bundes-Immissionsschutzgesetz), rental or other types of transfer permitting the use of equipment for measuring consumption, as well as the cost for using equipment for measuring consumption plus calibration of such equipment including the costs for calculating and apportioning such costs. In case of long-distance heating, the heating costs further include especially the entire costs of supply of heating and the costs for the operation of the relevant installations at the complex, as well as the costs set forth above. (3) If Landlord provides hot water for the Leased Premises, the costs of such hot-water utility system will be part of the heating costs. SECTION

HEATING COSTS. If the cost of heating the Premises (as determined by Lessor’s engineers), in any calendar year commencing with the calendar year specified in item 7.03 of Exhibit B, exceeds the corresponding cost of heating the Premises during the Base Year (“Base Year Heating Costs”), then Lessee shall pay to Lessor as Additional Rent, a sum equal to such increase in heating costs over the Base Year Heating Costs. For purposes of this provision, such increase, if any, will be calculated in the following manner: (i) The actual fuel cost, including taxes for the January of the applicable calendar year will be multiplied times the annual fuel consumption rate calculated on a per square foot basis for the Premises (or type of space occupied by Lessee in the Complex), all as determined by Lessor’s engineers to arrive at the “Annual Per Square Feet Heat Cost”. (ii) The Annual Per Square Foot Heating Cost will be multiplied by the number of rentable square feet in the Premises (as set forth in Section 1 of this Lease) to determine the Annual Heating Cost for the Premises for the applicable calendar year.

HEATING COSTS. Anything to the contrary notwithstanding and in addition to billing pursuant to this Lease. Tenant agrees that in the event Heating Costs for any calendar year shall be greater than the Heating Costs for the calendar year 2001 as a result of but not limited to increases in or additions to the number of units used, rates, fuel adjustments, taxes, surcharges, energy charges or charges of any kind, Tenant agrees to pay to Owner within ten (10) days after receipt of Owner's statement, 1.29 percent (1.29%) of such excess for the particular calendar year. In the event that Owner exercises its option pursuant herein and during such Lease years, this Article 40 shall not apply. Heating Costs as used in this Article 40 shall mean fuel costs if Owner continues to use its own heating plant or the cost of outside heating or steam if the Owner uses an off-premises heating service. In no event shall Tenant's annual increases exceed $1,000.00 over the prior years charge.

HEATING COSTS. Building No. 3C is heated by 2 light-oil-fueled air heaters. One air heater is in the portion of the hall rented by the tenant; another air heater is presently in the unrented portion of the hall. The following regulation applies until rental of the remaining partial area of 3C: The entire hall 3C will be heated at 12° C in order to avoid damage to the hall structure. The oil consumption of the two air heaters is recorded by oil meters. The sum of these two meters shall be apportioned between the tenant and the landlord per m2 of heated hall area. The same applies for the costs of refueling as well as the incurred operating and maintenance costs, e.g. fuel oil, electricity, burner maintenance, boiler maintenance, chimney sweeps, etc. WIDEFLEX GmbH will purchase the oil centrally. At the rented residual surface, building 3C, the following regulation applies: Twenty percent of the heating costs will be charged to the users of the hall on the basis of the consumption measured by the respective oil meters, while the remaining 80% of the heating costs will be proportionately charged to the respective users of the hall per m2 of their rental area. The same shall apply to the costs of refueling as well as the incurred operational and maintenance costs, e.g. fuel oil, electricity, burner maintenance, boiler maintenance, chimney sweeps, etc. WIDEFLEX GmbH will purchase the oil centrally. With respect to both of the above regulations, the landlord shall arrange for and pay the repair and upkeep costs for the heating facility incurred by usual wear as well as costs incurred by fulfillment of legal requirements and charges.

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Operating Costs Tenant shall pay to Landlord the Tenant’s Percentage of Operating Costs (as hereinafter defined) incurred by Landlord in any calendar year. Tenant shall remit to Landlord, on the first day of each calendar month, estimated payments on account of Operating Costs, such monthly amounts to be sufficient to provide Landlord, by the end of the calendar year, a sum equal to the Operating Costs, as reasonably estimated by Landlord from time to time. The initial monthly estimated payments shall be in an amount equal to 1/12th of the Initial Estimate of Tenant’s Percentage of Operating Costs for the Calendar Year. If, at the expiration of the year in respect of which monthly installments of Operating Costs shall have been made as aforesaid, the total of such monthly remittances is greater than the actual Operating Costs for such year, Landlord shall promptly pay to Tenant, or credit against the next accruing payments to be made by Tenant pursuant to this subsection 4.2.3, the difference; if the total of such remittances is less than the Operating Costs for such year, Tenant shall pay the difference to Landlord within twenty (20) days from the date Landlord shall furnish to Tenant an itemized statement of the Operating Costs, prepared, allocated and computed in accordance with generally accepted accounting principles. Any reimbursement for Operating Costs due and payable by Tenant with respect to periods of less than twelve (12) months shall be equitably prorated.
Common Area Operating Expenses Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share (as specified in Paragraph 1.6(b)) of all Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions:
Operating Expenses The Lessor shall have no obligation to provide any services, perform any acts, or pay expenses, charges, obligations or costs of any kind whatsoever with respect to the Premises. The Lessee hereby agrees to pay one-hundred percent (100%) of any and all Operating Expenses as hereafter defined for the entire term of the Lease and any extensions thereof in accordance with specific provisions hereinafter set forth. The term “Operating Expenses” shall include all costs to the Lessor of operating and maintaining the Premises, and shall include, without limitation, real estate and personal property taxes and assessments, management fee(s), heating, air conditioning, HVAC, electricity, water, waste disposal, sewage, operating materials and supplies, service agreements and charges, lawn care, snow removal, restriping, repairs, repaving, cleaning and custodial, security, insurance, the cost of contesting the validity or applicability of any governmental acts which may affect operating expenses, and all other direct operating costs of operating and maintaining the Premises and related parking areas, unless expressly excluded from operating expenses.
Common Area Expenses In the event the demised premises are situated in a shopping center or in a commercial building in which there are common areas, Lessee agrees to pay his pro-rata share of maintenance, taxes, and insurance for the common area.
Cleaning Allowance The University will pay for the cleaning of Department issued uniforms and necessary work clothing requiring cleaning worn by employees assigned to non-uniformed positions.
Tenant’s Costs Whenever equipment or lighting (other than building standard lights or ordinary office equipment, including computers, copiers, lunch room refrigerators and microwaves) is used in the Premises by Tenant and such equipment or lighting affects the temperature otherwise normally maintained by the design of the Building’s air conditioning system, Landlord shall have the right to charge for supplementary air conditioning facilities in the Premises or otherwise modify the ventilating and air conditioning system serving the Premises; and the actual cost of such facilities, modifications and additional service (including an administrative fee) shall be paid by Tenant as Additional Rent within thirty (30) days of receipt of an invoice. Should Tenant desire any additional service beyond that described in Article 13.2, above, Landlord may, at Landlord’s option upon reasonable advance notice from Tenant to Landlord, (i) refuse to consent to such services or (ii) consent to such services upon such conditions as Landlord elects (including the requirements that submeters be installed at Tenant’s expense, that Tenant pay directly to the provider of such service (in the case of submetered services) or to Landlord, as Additional Rent within thirty (30) days of receipt of an invoice, Landlord’s additional expenses resulting therefrom, and that Tenant pay the cost of all alterations or additions made to accommodate such excess use, including the cost of a submeter and installation of the same). Landlord shall provide 40 tons of chilled water capacity to the Premises for Tenant’s server room and allow the installation of floor mounted air conditioning units and associated ductwork. The cost of installing connections and piping to new equipment shall be paid for out of the Cash Allowance. Tenant shall install metering to monitor use of the Building’s chilled water capacity and electricity. Installation may involve the addition of louvers to the North side of the building, and these louvers shall fit within the footprint of existing architectural louvers between structural grid lines 3 and 4, and shall be covered by the existing louver architectural skin as a visible surface.
Training Costs All costs and expenses incurred by the Contractor in the training of its employees engaged in Petroleum Operations, and such other training as is required by this Agreement.
Common Area Maintenance Landlord will maintain or cause to be maintained the Common Areas and Tenant will reimburse Landlord for Tenant’s prorata share of the cost of such maintenance as hereinafter provided. (a) Common area maintenance costs and expenses shall be determined in accordance with generally accepted accounting principles consistently applied and allocated to any particular calendar year on the accrual method of accounting. Such costs and expenses shall include, but shall not be limited to upkeep, exterior painting, repairs, replacements and improvements in the Common Areas, snow removal, sweeping and cleanup, depreciation allowance on any machinery and equipment owned by Landlord and used in connection therewith, utility services including fire line water service charges, premiums for public liability, property damage and fire insurance including the Common Areas, any real estate tax and/or tax consultant expense incurred for the purpose of maintaining equitable tax assessments on the Development, all property taxes or assessments levied or assessed against all Common Areas, which, if not separately assessed, shall be determined, for land, by the ratio of land area designated for Common Area use to the total land area in the Development and, for improvements, on a fair and equitable allocation among the various improvements in the Development, giving weight to the factors which determine the amount of the real property tax or assessment in question. In addition, such costs shall include administrative costs equal to ten percent (10%) of the total cost paid or incurred by Landlord under this paragraph. (b) Tenant shall pay as additional rent to Landlord, Tenant’s prorata share of such Common Area expenses in the following manner: (1) From and after the date the minimum rental provided for herein has commenced, but subject to adjustment as hereinafter in this subparagraph (1) provided, Tenant shall pay Landlord in advance on the first day of each calendar month during the term of this Lease an estimated and adjustable amount covering Tenant’s proportionate share of common area services and expenses, which amount may be adjusted by Landlord by notice to Tenant at the end of any calendar month on the basis of Landlord’s experience and reasonably anticipated costs. (See Lease Rider “A” Building Expenses attached hereto and incorporated herein.) (2) Within thirty (30) days following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, showing the total operating costs, the amount of Tenant’s prorata share of such Common Area expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in subparagraph (b) I. If Tenant’s prorata share of such Common Area expenses exceeds Tenant’s payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of such statement. If said payments exceed Tenant’s prorata share of such Common Area expenses, Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth in said subparagraph (b) I. Tenant’s pro-rata share of the total Common Area expenses for the previous calendar year shall be that portion of all such expenses which is equal to the proportion which the number of square feet of gross leasable area in the Demised Premises bears to the total number of square feet of gross leasable area of buildings in the entire Development which are from time to time completed and occupied as of the commencement of each calendar year.
Limit on Operating Expenses The Advisor hereby agrees to limit the Fund’s current Operating Expenses to an annual rate, expressed as a percentage of the Fund’s average daily net assets for the month, to the amounts listed in Appendix A (the “Annual Limit”). In the event that the current Operating Expenses of the Fund, as accrued each month, exceed its Annual Limit, the Advisor will pay to the Fund, on a monthly basis, the excess expense within the first ten days of the month following the month in which such Operating Expenses were incurred (each payment, a “Fund Reimbursement Payment”).
Landlord’s Expenses In the event Tenant shall assign this Lease or sublet the Premises or request the consent of Landlord to any Transfer, then Tenant shall pay Landlord's reasonable costs and expenses incurred in connection therewith, including, but not limited to, attorneys', architects', accountants', engineers' or other consultants' fees.

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