Common use of Increase in Direct Costs Clause in Contracts

Increase in Direct Costs. The term "Base Year" means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "Direct Costs" (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "Direct Costs." In the event either the Premises and/or the Project is expanded or reduced, then Tenant's Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "Additional Rent" and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "Base YearBASE YEAR" means the calendar -------------------------- year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "Direct Costs" (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "Direct Costs." . In the event either the Premises and/or the Project is expanded or reduced, then Tenant's Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which "have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). , Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "Additional RentADDITIONAL RENT" and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "“Base Year" ” means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "“Direct Costs" ” (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "“Direct Costs." ” In the event either the Premises and/or the Project is expanded or reduced, then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "“Base Year" ” means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term of this LeaseLease commencing with the calendar year 2015, the "“Direct Costs" ” (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "“Direct Costs." ” In the event either the Premises and/or the Project is expanded or reduced, then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's ’s checks and money orders, (3) traveler's ’s checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "Base Year" means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term term of this Lease, the "Direct Costs" Costs (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for such and each such subsequent calendar year equal to the product of the percentage set forth Tenant's Proportionate Share (as defined in Article 1.E. 1.E of the Basic Lease Provisions Provisions) multiplied by such increased amount of "Direct Costs." . In the event either the Premises and/or the Project is expanded or reduced, then Tenant's Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's Proportionate Share proportionate share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty sixty-five (365). Any and all amounts due and payable by Tenant pursuant to this Lease Articles 3(b), (other than Basic Rentalc) and (d) hereof shall be deemed "Additional Rent" ", and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "“Base Year" ” means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. IfSubject to subparagraph (e) below, if, in any calendar year during the Term of this Lease, the "Direct Costs" Costs (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay pay, an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "Direct Costs." . In the event either the Premises and/or the Project is expanded or reduced, then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said Said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "“Base Year" ” means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "Direct Costs" ” (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "“Direct Costs." ” In the event either the Premises and/or the Project is expanded or reducedreduced (other than by reason of any remeasurement of the existing Premises or Project), then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "In addition to Base Year" means Rent, Tenant shall pay an additional sum for each Comparison Year equal to the calendar year product of the Tenant’s Proportionate Share set forth in Article 1.D. of the Basic Lease Provisions. If, Provisions multiplied by the amount of the Direct Costs for both Tax Costs and for Operating Costs (all as hereinafter defined) for such year in any calendar year during the Term excess of this Lease, the "such applicable Direct Costs" Costs for Taxes and for Operating Costs for each applicable Base Year (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "Direct Costs." ). In the event either the Premises and/or the Project Building is expanded or reduced, then Tenant's ’s Proportionate Share shall be appropriately proportionately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant Xxxxxx during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic RentalBase Rent) including but not limited to any payments for utilities directly paid by Tenant shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental installment of Base Rent payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's ’s checks and money orders, (3) traveler's ’s checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "Base Year" means the calendar year set forth Except as otherwise expressly provided in Article 1.D. of 1.A with respect to the Basic Lease Provisions. IfPod 4 Portion Beneficial Occupancy Period and/or Pod 5 Portion Beneficial Occupancy Period, in any calendar year during as the Term of this Leasecase may be and if applicable, commencing on the "Direct Costs" (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Yearapplicable Commencement Date, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased the amount of "“Direct Costs." ” for such year. In the event either the rentable square footage of the Premises and/or the Project is expanded or reduced, then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of of, at Tenant’s election, (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and or (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's ’s checks and money orders, (3) traveler's ’s checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "“Base Year" ” means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "“Direct Costs" ” (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "“Direct Costs." ” In the event either the Premises and/or the Project is expanded or reduced, then the Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, year the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "“Base Year" ” means the calendar year set forth in Article 1.D. l.X. of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "“Direct Costs" ” (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for such and each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. I.E. of the Basic Lease Provisions multiplied by such increased amount of "“Direct Costs." ” In the event either the Premises and/or the Project is expanded or reduced, then Tenant's ’s Proportionate Share shall be appropriately adjusted, including, without limitation, as described in Article l.E and Article 30(a)(iv) of this Lease, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty sixty-five (365). Any and all amounts due and payable by Tenant pursuant to this Lease Article 3(b),(c) and (other than Basic Rentald) hereof shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any rights and all amounts due and payable by Tenant remedies upon default in these payments as Landlord is entitled to Landlord shall be exercise with respect to defaults in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house monthly Basic Rental payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The Effective as of May 1, 2010 and continuing thereafter throughout the Term of this Lease, the term "“Base Year" means ” shall mean the calendar year set forth in Article 1.D. of the Basic Lease ProvisionsProvisions (it being agreed however, that the terms and conditions set forth in Section 3(f) below and not the terms of this Section 3(b) and Sections 3(c) – 3(e) below shall govern Tenant’s continued obligation to pay Additional Monthly Rent to Landlord calculated in the manner and otherwise payable in accordance with the terms and conditions set forth in Section 3(f) below during the Term prior to May 1, 2010). If, in any calendar year during the Term of this Lease, the "“Direct Costs" ” (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "“Direct Costs." ”; provided, however, Tenant shall not have the obligation to pay Tenant’s Proportionate Share of Direct Costs attributable to the period from the Commencement Date to through April 30, 2011 (except as provided in Section 3(f) below). In the event either the Premises and/or the Project is expanded or reducedexpanded, then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "“Base Year" ” means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "“Direct Costs" ” (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "Direct Costs." . In the event either the Premises and/or the Project is expanded or reduced, then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum of Direct Costs payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "Base Year" means the calendar year set forth in Article 1.D. Section 1F of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "Direct Costs" (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. Section 1G of the Basic Lease Provisions multiplied by such increased amount of "Direct Costs." In the event either the Premises and/or the Project is expanded or reduced, then Tenant's Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "Additional Rent" and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any Basic Rental and Additional Rent may be collectively referred to herein as "Rent". At the same time as any payment of Rent is to be made by Tenant hereunder, Tenant shall also pay (directly to Landlord unless otherwise instructed by Landlord) any and all amounts rental taxes, gross receipts taxes, transaction privilege taxes, sales taxes, and/or similar taxes levied currently or in the future on the Rent amount then due and payable by Tenant or otherwise assessed in connection with the rental activity then occurring (collectively, "Rental Tax"). Notwithstanding anything to Landlord the contrary contained herein, the aggregate Controllable Operating Costs, as that term is defined below, shall not increase more than five percent (5%) in any calendar year over the maximum amount of Controllable Operating Costs chargeable for the immediately preceding calendar year, with no limit on the Controllable Operating Costs during the Base Year (i.e., the actual Controllable Operating Costs for the Base Year shall be the maximum amount for the Base Year for purposes of this provision). "Controllable Operating Costs" shall mean wages, salaries and other compensation and benefits paid to Landlord's non-union employees engaged in the form operation, management, maintenance or security of (i) business checksthe Project, (ii) wire transfers, (iii) electronic funds transfers, any management fee paid to any affiliate of Landlord and (iv) automated clearing house payments. Any other forms any rental paid for any management office of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checksthe Project.

Increase in Direct Costs. The term "“Base Year" ” means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "“Direct Costs" ” (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "“Direct Costs." ” In the event either the Premises and/or the Project is expanded or reduced, then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any Basic Rental and Additional Rent may be collectively referred to herein as “Rent”. At the same time as any payment of Rent is to be made by Tenant hereunder, Tenant shall also pay (directly to Landlord unless otherwise instructed by Landlord) any and all amounts due and payable by Tenant to Landlord shall be rental taxes, gross receipts taxes, transaction privilege taxes, sales taxes, and/or similar taxes levied currently or in the form of future on the Rent amount then due or otherwise assessed in connection with the rental activity then occurring (i) business checkscollectively, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks“Rental Tax”).

Increase in Direct Costs. The term "“Base Year" ” means the calendar year set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year during the Term of this Lease, the "“Direct Costs" ” (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for each such subsequent calendar year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "“Direct Costs." ” In the event either the Premises and/or the Project is expanded or reducedreduced (other than by reason of any remeasurement of the existing Premises or Project), then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year in which such change occurs, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar year, the additional sum payable hereunder by Tenant during the calendar year in which this Lease terminates shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year to and including said date on which this Lease terminates bears to three hundred sixty five (365). Any and all amounts due and payable by Tenant pursuant to this Lease (other than Basic Rental) shall be deemed "“Additional Rent" ” and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.

Increase in Direct Costs. The term "“Base Year" ” means the calendar year time period set forth in Article 1.D. of the Basic Lease Provisions. If, in any calendar year “Direct Costs Year” (defined below) during the Term of this Lease, following the "Base Year, the Direct Costs" Costs (as hereinafter defined) paid or incurred by Landlord shall be higher than the Direct Costs for the Base Year, Tenant shall pay an additional sum for such and each such subsequent calendar year Direct Costs Year equal to the product of the percentage amount set forth in Article 1.E. of the Basic Lease Provisions multiplied by such increased amount of "Direct Costs." . The term “Direct Costs Year” shall mean the period of time from January 1 through December 31 each year during the Term. In the event either the Premises and/or the Project is expanded or reduced, then Tenant's ’s Proportionate Share shall be appropriately adjusted, and as to the calendar year Direct Costs Year in which such change occursoccurs and thereafter, Tenant's ’s Proportionate Share for such calendar year shall be determined on the basis of the number of days during that particular calendar year Direct Costs Year that such Tenant's ’s Proportionate Share was in effect. In the event this Lease shall terminate on any date other than the last day of a calendar yearDirect Costs Year, the additional sum payable hereunder by Tenant during the calendar year Direct Costs Year in which this Lease terminates terminates, shall be prorated on the basis of the relationship which the number of days which have elapsed from the commencement of said calendar year Direct Costs Year to and including said date on which this Lease terminates bears to three hundred sixty five (365)the number of days in such Direct Costs Year. Any and all amounts due and payable by Tenant pursuant to this Lease Articles 3(b), (other than Basic Rentalc) and (d) hereof shall be deemed "“Additional Rent" ”, and Landlord shall be entitled to exercise the same rights and remedies upon default in these payments as Landlord is entitled to exercise with respect to defaults in monthly Monthly Basic Rental payments. Any and all amounts due and payable by Tenant to Landlord shall be in the form of (i) business checks, (ii) wire transfers, (iii) electronic funds transfers, and (iv) automated clearing house payments. Any other forms of payment are not acceptable to Landlord including, without limitation (1) cash or currency, (2) cashier's checks and money orders, (3) traveler's checks, (4) payments from credit unions or other non-bank financial institutions, (5) multiple payments for one (1) scheduled payment, and (6) third party checks.