In Section 4. 7.1 this Addendum deletes the sentence “Risk corridors will be established for Demonstration Years 1 through 8.” and replaces it as follows: “Risk corridors will be established for Demonstration Years 1 through 9.”
In Section 4. 3.2.1, insert the following after the word “Architect”:
In Section 4. 3.2.3, insert the following after the word “Service”:
In Section 4. 3.1.3, insert the words “revisions or changes to” after the word “or” and before the words “official interpretations.”
In Section 4. 2.1.2, the last full unnumbered paragraph shall be deleted.
Section 6.1 of the Original Agreement is hereby amended to read in its entirety as follows:
In Section 4. 6.6 of the MSA, references to “Section 5.1” are hereby deleted and replaced with “Section 6.1.”
In Section 4. 2.1:
(i) The first paragraph shall be deleted in its entirety and the following substituted in its place:
In Section 4. 2.3:
(i) The first paragraph shall be deleted in its entirety and the following substituted in its place: “Tenant covenants to 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 during the Term, estimated payments on account of Xxxxxx’s Percentage of Operating Costs, such monthly amounts to be sufficient to provide Landlord, by the end of the calendar year, a sum equal to Xxxxxx’s Percentage of 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 Landlord’s initial estimate of Xxxxxx’s Percentage of Operating Costs for the calendar year. If, at the expiration of the calendar 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 Tenant’s Percentage of 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 Tenant’s Percentage of Operating Costs for such calendar 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. This section shall survive the expiration or earlier termination of this Lease.”
(ii) The following shall be included in the definition of “Operating Costs”: “all costs of maintaining and repairing any common lab- specific systems or equipment in the Building”.
(iii) The parenthetical text, “(including the calendar year for Base Operating Costs)” in the fourth paragraph (the first full paragraph on page 18 of the Lease) shall be deleted.
(iv) The last 2 sentences in the fourth paragraph shall be deleted.
(v) The word “Excess” shall be deleted from the fifth paragraph (audit right, being the last paragraph of Section 4.2.3) in each instance it appears.
(vi) Any property management fee for the Expansion Premises that is included in Operating Costs shall not exceed market...
In Section 4. 1.1 of the Mezzanine Loan Agreement, the phrase, "except to the extent such preservation, renewal and effectiveness could not have a Material Adverse Effect" is hereby amended to read as follows, "except to the extent the absence of such preservation, renewal and effectiveness would not have a Material Adverse Effect".
In Section 4. 4: § In the second sentence of the first paragraph is replaced with the following: Each such increase shall be limited to an amount of the then current applicable fee(s) equal to the greater of five percent (5%) or the change in the U.S. Department of Labor, Consumer Price Index for Urban Wage Earners and Clerical Workers, All Cities, (1982=100) for the preceding 12-month period. For clarification, this limit applies only to recurring charges listed in Schedule 1, and does not limit increases due to changes in Customer’s asset size. § With respect to the second paragraph describing instances in which fee increases may exceed the percentage set forth in the immediately preceding section, HFS agrees that any such increases will not exceed 30% of the then-current applicable recurring fee(s) listed in Schedule 1.
