Common use of MONTHLY ADDITIONAL RENT Clause in Contracts

MONTHLY ADDITIONAL RENT. The Monthly Additional Rent is: [i] Tenant's Percentage of Project Operating Expenses; plus [ii] Leased Premises Utility Charges. At the beginning of each Fiscal Year, Landlord shall prepare an itemized estimate (in reasonable detail) of all of the components of the Monthly Additional Rent expected to be incurred by Tenant during the ensuing Fiscal Year. Landlord will provide a copy of the statement of estimated Monthly Additional Rent to Tenant and Tenant shall pay the Monthly Additional Rent based on Landlord's estimated statement, each monthly payment to be 1/12 of the estimated Monthly Additional Rent to be incurred for the full Fiscal Year. Landlord represents and warrants that the estimate for calendar year 2003 for Project Operating Expenses is set forth on Exhibit F, attached hereto and made a part hereof. After the end of each Fiscal Year, Landlord will prepare an itemized statement of the actual Project Operating Expenses incurred by Landlord during the prior Fiscal Year, together with a statement of any overpayment or underpayment of actual Monthly Additional Rent based upon the estimated payments made by Tenant. Landlord will render the statement of Monthly Additional Rent actually incurred by Tenant within 90 days after the end of each Fiscal Year. In the case of an underpayment, Tenant shall pay the shortage to Landlord within 30 days after rendering the statement of actual Monthly Additional Rent to Tenant. In the case of an overpayment, Landlord will reimburse the amount of the overpayment to Tenant within 30 days after the rendering of the statement. In the event it becomes apparent to Landlord during the course of a Fiscal Year that the actual Monthly Additional Rent will be materially different than the estimated Monthly Additional Rent (on account of an unexpected increase in the municipal real estate tax, for example), then Landlord may amend the statement of estimated Monthly Additional Rent and the monthly payments will be adjusted such that all of the newly estimated Monthly Additional Rent for the full Fiscal Year will have been paid via the Monthly Additional Rent payments made prior to the new estimate plus payment of the equal adjusted installments of the Monthly Additional Rent payments remaining in the Fiscal Year. If Landlord has not provided Tenant with statement of estimated Monthly Additional Rent prior to the beginning of a Fiscal Year, Tenant shall make installment payments based upon the installments in effect for the prior year until the new statement of estimated Monthly Additional Rent is rendered to Tenant. The calculation of Monthly Additional Rent shall be in accordance with Generally Accepted Accounting Principles consistently applied (unless express provisions of this Lease deviate). Any component of Project Taxes shall be charged to any period in the same manner in which real estate tax is adjusted on closings for PAGE 8 property in the municipality in which the Project is located, but if not adjusted, then in advance, each payment covering the period when first due until the date on which a payment is next first due (the method of adjustment for the regular municipal real estate tax being in advance - based upon a uniform fiscal year). All utility bills and other similar expenses shall be allocated to the period of usage which resulted in the xxxx. For example, if Landlord receives a Common Area electric xxxx in January 1994, which xxxx covers a period beginning in November 1993 and ending in December 1993, the electric xxxx would be charged to 1993 Project Operating Expenses

MONTHLY ADDITIONAL RENT. The Monthly Additional Rent is: [i] Tenant's ’s Percentage of Project Operating Expenses; plus [ii] Leased Premises Utility Charges. At the beginning of each Fiscal Calendar Year, Landlord shall prepare an itemized estimate (in reasonable detail) of all of the components of the Monthly Additional Rent expected to be incurred by Tenant during the ensuing Fiscal Calendar Year. Landlord will provide a copy of the statement of estimated Monthly Additional Rent to Tenant and Tenant shall pay the Monthly Additional Rent based on Landlord's ’s estimated statement, each monthly payment to be 1/12 of the estimated Monthly Additional Rent to be incurred for the full Fiscal Calendar Year. Landlord represents and warrants that the estimate for calendar year 2003 for Project Operating Expenses is set forth on Exhibit F, attached hereto and made a part hereof. After the end of each Fiscal Calendar Year, Landlord will prepare an itemized statement of the actual Project Operating Expenses Monthly Additional Rent incurred by Landlord Tenant during the prior Fiscal Calendar Year, together with a statement of any overpayment or underpayment of actual Monthly Additional Rent based upon the estimated payments made by Tenant. Landlord will render the statement of Monthly Additional Rent actually incurred by Tenant within 90 days after the end of each Fiscal Calendar Year. In the case of an underpayment, Tenant shall pay the shortage to Landlord within 30 days after rendering the statement of actual Monthly Additional Rent to TenantTenant provided that such statement is delivered to Tenant within 120 days after the end of the calendar year (or else Tenant shall not be obligated to pay any such amount). In the case of an overpayment, Landlord will reimburse the amount of the overpayment to Tenant within 30 days after the rendering of the statement. In the event it becomes reasonably apparent to Landlord during the course of a Fiscal Calendar Year that the actual Monthly Additional Rent will be materially different than the estimated Monthly Additional Rent (on account of an unexpected increase in the municipal real estate tax, for example), then Landlord may reasonably amend the statement of estimated Monthly Additional Rent and the monthly payments will be adjusted such that all of the newly estimated Monthly Additional Rent for the full Fiscal Calendar Year will have been paid via the Monthly Additional Rent payments made prior to the new estimate plus payment of the equal adjusted installments of the Monthly Additional Rent payments remaining in the Fiscal YearCalendar Year and further provided that Landlord provides reasonable evidence substantiating such material difference. If Landlord has not provided Tenant with a statement of estimated Monthly Additional Rent prior to the beginning of a Fiscal Calendar Year, Tenant shall make installment payments based upon the installments in effect for the prior year until the new statement of estimated Monthly Additional Rent is rendered to Tenant. Any overestimate in excess of 10% per Calendar year exclusive of Property Taxes shall bear annualized interest at 2% over Wall Street Prime for the estimated rent for such Calendar year on the amount which is the difference between the estimated Operating Expenses and the actual Operating Expenses. The calculation of Monthly Additional Rent shall be in accordance with Generally Accepted Accounting Principles consistently applied (unless express provisions of this Lease deviate)Principles. Any component of Project Taxes shall be charged to any period in as actually paid by the same manner in Landlord. For example, if Landlord receives a tax xxxx based on the List of October 1, 1998 which real estate tax is adjusted due and payable on closings for PAGE 8 property in the municipality in which the Project is locatedJuly 1, but if not adjusted1999 and January 1, then in advance, each payment 2000 covering the period when first due until July 1, 1999 to June 30, 2000 inclusive, the date on which a payment is next first due (tax xxxx would be charged to the method calendar year 1999 Project Operating Expenses. Tenant shall be entitled proportionately to any abatements or other similar benefits. If the City of adjustment for Xxxxxxx changes its manner of taxation, the regular municipal real estate tax being allocation of Project Taxes shall be correspondingly changed in advance - based upon a uniform fiscal year)an equitable manner. All utility bills and other similar expenses shall be allocated to the period of actual usage which resulted in the xxxx. For example, if Landlord receives a Common Area electric xxxx in January 19941999, which xxxx covers a period beginning in November 1993 1998 and ending in December 19931998, the electric xxxx would be charged to 1993 1998 Project Operating Expenses. During the three hundred sixty (360) day period after receipt of any instrument containing a computation of an actual month’s Additional Rent pursuant to this Article, (“Landlord’s Statement”), Tenant (or a representative of Tenant) may inspect and audit Landlord’s records relevant to the cost and expense items reflected in such Landlord Statement at the location at which such records are located at a reasonable time mutually agreeable to Landlord and Tenant during Landlord’s usual business hours, the cost of which audit shall be borne by Tenant, unless it reveals an error in Tenant’s Percentage of Project Operating Expenses in excess of five percent (5%), in which case it shall be borne by Landlord. Notwithstanding anything to the contrary contained in the Lease, Landlord agrees that for the first twelve months after Tenant’s actual date of occupancy of the Initial Term, Tenant’s Percentage of Project Operating Expenses, as described in this 4.02 (i) above, will not exceed $5.20 (expense cap) per rentable square foot of Leased Premises.

MONTHLY ADDITIONAL RENT. The Monthly Additional Rent is: [i] Tenant's Percentage of Project Operating Expenses; plus [ii] Leased Premises Utility Charges. At the beginning of each Fiscal Year, Landlord shall prepare an itemized estimate (in reasonable detail) of all of the components Components of the Monthly Additional Rent expected to be incurred by Tenant during the ensuing Fiscal Year. Landlord will provide a copy of the statement of estimated Monthly Additional Rent to Tenant and Tenant shall pay the Monthly Additional Rent based on Landlord's estimated statement, each monthly payment to be 1/12 of the estimated Monthly Additional Rent to be incurred for the full Fiscal Year. Landlord represents and warrants that the estimate for calendar year 2003 for Project Operating Expenses is set forth on Exhibit F, attached hereto and made a part hereof. After the end of each Fiscal Year, Landlord will prepare an itemized statement of the actual Project Operating Expenses Monthly Additional Rent incurred by Landlord Tenant during the prior Fiscal Year, together with a statement of any overpayment or underpayment of actual Monthly Additional Rent based upon the estimated payments made by Tenant. Landlord will render the statement of Monthly Additional Rent actually incurred by Tenant within 90 days after the end of each Fiscal Year. In the case of an underpayment, Tenant shall pay the shortage to Landlord within 30 days after rendering the statement of actual Monthly Additional Rent to Tenant. In the case of an overpayment, Landlord will reimburse the amount of the overpayment to Tenant within 30 days after the rendering of the statement. In the event it becomes apparent to Landlord during the course of a Fiscal Year that the actual Monthly Additional Rent will be materially different than the estimated Monthly Additional Rent (on account of an unexpected increase in the municipal real estate tax, for example), then Landlord may amend the statement of estimated Monthly Additional Rent and the monthly payments will be adjusted such that all of the newly estimated Monthly Additional Rent for the full Fiscal Year will have been paid via the Monthly Additional Rent payments made prior to the new estimate plus payment of the equal adjusted installments of the Monthly Additional Rent payments remaining in the Fiscal Year. If Landlord has not provided Tenant with statement of estimated Monthly Additional Rent prior to the beginning of a Fiscal Year, Tenant shall make installment payments based upon the installments in effect for the prior year until the new statement of estimated Monthly Additional Rent is rendered to Tenant. The calculation of Monthly Additional Rent shall be in accordance with Generally Accepted Accounting Principles consistently applied (unless express provisions of this Lease deviate). Any component of Project Taxes shall be charged to any period in the same manner in which real estate tax is adjusted on closings for PAGE 8 property in the municipality in which the Project is located, but if not adjusted, then in advance, each payment covering the period when first due until the date on which a payment is next first due (the method of adjustment for the regular municipal real estate tax being in advance - based upon a uniform fiscal year). All utility bills and other similar expenses shall be allocated to the period of usage which resulted in the xxxx. For example, if Landlord receives a Common Area electric xxxx in January 1994, which xxxx covers a period beginning in November 1993 and ending in December 1993, the electric xxxx would be charged to 1993 Project Operating Expenses.

MONTHLY ADDITIONAL RENT. The Monthly Additional Rent is: [i] Tenant's Percentage of Project Operating Expenses; plus [ii] Leased Premises Utility Charges. At the beginning of each Fiscal Year, Landlord shall prepare an itemized estimate (in reasonable detail) of all of the components of the Monthly Additional Rent expected to be incurred by Tenant during the ensuing Fiscal Year. Landlord will provide a copy of the statement of estimated Monthly Additional Rent to Tenant and Tenant shall pay the Monthly Additional Rent based on Landlord's estimated statement, each monthly payment to be 1/12 of the estimated Monthly Additional Rent to be incurred for the full Fiscal Year. Landlord represents and warrants that the estimate for calendar year 2003 1999 for Project Operating Expenses is set forth on Exhibit F, attached hereto and made a part hereof. After the end of each Fiscal Year, Landlord will prepare an itemized statement of the actual Project Operating Expenses incurred by Landlord during the prior Fiscal Year, together with a statement of any overpayment or underpayment of actual Monthly Additional Rent based upon the estimated payments made by Tenant. Landlord will render the statement of Monthly Additional Rent actually incurred by Tenant within 90 days after the end of each Fiscal Year. In the case of an underpayment, Tenant shall pay the shortage to Landlord within 30 days after rendering the statement of actual Monthly Additional Rent to Tenant. In the case of an overpayment, Landlord will reimburse the amount of the overpayment to Tenant within 30 days after the rendering of the statement. In the event it becomes apparent to Landlord during the course of a Fiscal Year that the actual Monthly Additional Rent will be materially different than the estimated Monthly Additional Rent (on account of an unexpected increase in the municipal real estate tax, for example), then Landlord may amend the statement of estimated Monthly Additional Rent and the monthly payments will be adjusted such that all of the newly estimated Monthly Additional Rent for the full Fiscal Year will have been paid via the Monthly Additional Rent payments made prior to the new estimate plus payment of the equal adjusted installments of the Monthly Additional Rent payments remaining in the Fiscal Year. If Landlord has not provided Tenant with statement of estimated Monthly Additional Rent prior to the beginning of a Fiscal Year, Tenant shall make installment payments based upon the installments in effect for the prior year until the new statement of estimated Monthly Additional Rent is rendered to Tenant. The calculation of Monthly Additional Rent shall be in accordance with Generally Accepted Accounting Principles consistently applied (unless express provisions of this Lease deviate). Any component of Project Taxes shall be charged to any period in the same manner in which real estate tax is adjusted on closings for PAGE 8 property in the municipality in which the Project is located, but if not adjusted, then in advance, each payment covering the period when first due until the date on which a payment is next first due (the method of adjustment for the regular municipal real estate tax being in advance - based upon a uniform fiscal year). All utility bills and other similar expenses shall be allocated to the period of usage which resulted in the xxxx. For example, if Landlord receives a Common Area electric xxxx in January 1994, which xxxx covers a period beginning in November 1993 and ending in December 1993, the electric xxxx would be charged to 1993 Project Operating Expenses