Common use of Operating Expense Clause in Contracts

Operating Expense. Subject to the terms of the second following sentence, Tenant shall pay to Landlord, as Additional Rent hereunder, an amount equal to Tenant's Percentage of Building, as set forth in Section 1(e), of all operating, maintenance, management, and repair expenses incurred by Landlord in connection with the ownership and operation of the Building, the Lot and the Premises for any "Operating Year" (as defined below), including without limitation the items described hereafter as "Operating Expense" in Section 7.A. (ii); said payments shall be made by Tenant in the manner and to the extent as set forth in Section 7.c. The amount of Tenant's Percentage of Building of such expenses is hereinafter referred to as the "Operating Expense Adjustment." If Tenant occupies the Leased Premises for less than a full Operating Year during the Lease Term, the Operating Expense Adjustment shall be prorated on a per-diem basis based upon the amount of time in such Operating Year that Tenant occupies the Leased Premises. If the Building is not fully occupied during any Operating Year during the Lease Term, Tenant's Percentage of Building shall be recalculated for the purposes of determining Tenant's Operating Expense Adjustment pursuant to this Section 7, except that such recalculation shall only be for those expenses of the Operating expense that vary with the occupancy of the Building. For the purposes of said recalculation, the total rentable square feet in the Building shall be deemed to equal the average (calculated on a month-by-month basis) of the rentable area of the Building occupied during the applicable Operating Year. As used in this Section 7.A., the following words and terms shall be defined as hereinafter set forth:

Operating Expense. Subject to If Landlord's Operating Expense for any Operating Year shall be greater than the terms of the second following sentenceOperating Expense Allowance, Tenant shall pay to Landlord, Landlord as Additional Rent hereunder, an amount equal to Tenant's Percentage of Building, as set forth in Section 1(e), of all operating, maintenance, management, and repair expenses incurred by Landlord in connection with the ownership and operation of the Building, the Lot and the Premises for any "Operating Year" Proportionate Share (as defined below), including without limitation ) of the items described hereafter as "Operating Expense" in Section 7.A. difference (ii); said payments shall be made by Tenant in the manner and to the extent as set forth in Section 7.c. The amount of Tenant's Percentage of Building Proportionate Share of such expenses difference is hereinafter referred to as the "Operating Expense Adjustment." "). If Tenant occupies the Leased Premises or portion thereof for less than a full Operating Year during the Lease TermYear, the Operating Expense Adjustment shall will be prorated on a per-diem basis based upon allocated proportionally to the amount of time in such Operating Year that Tenant so occupies the Leased Premisessuch space. If the Building is not fully occupied during any Operating Year during the Lease Term, Tenant's Percentage of Building Such additional Rent shall be recalculated paid in the following manner: within one hundred twenty (120) days following the end of each Operating Year, Landlord shall furnish Tenant an Operating Expense Statement setting forth (i) the Operating Expense for the purposes of determining preceding Operating Year, (ii) the Operating Expense Allowance and (iii) the Tenant's Operating Expense Adjustment pursuant for such Operating Year. Within fifteen (15) days following the receipt of such Operating Expense Statement (the "Expense Adjustment Date") Tenant shall pay to this Section 7Landlord as Additional Rent the Operating Expense Adjustment for such Operating Year. Commencing with the first month of the Lease Term, except that such recalculation Tenant shall only be for those expenses pay to Landlord, on account of the Operating expense that vary with Expense Adjustment for such Operating Year, monthly installments in advance equal to one-twelfth (1/12th) o the occupancy estimated Operating Expense Adjustment for such Operating Year. ON the next succeeding Expense Adjustment Date, Tenant shall pay to Landlord (or Landlord shall credit to Tenant) any deficiency (or excess) between the installments paid on account of the Building. For preceding year's Operating Expense Adjustment and the purposes of said recalculation, the total rentable square feet in the Building shall be deemed to equal the average (calculated on a month-by-month basis) of the rentable area of the Building occupied during the applicable actual Operating Expense Adjustment for such Operating Year. As used in this Section 7.A.6 and Section 1 where applicable, the following words and terms shall be defined as hereinafter set forth:

Operating Expense. Subject to the terms of the second following sentence, Tenant shall pay to Landlord, as Additional Rent hereunderadditional rent, an amount equal Tenant’s Proportionate Share of Operating Expense as defined below. The parties agree for the purpose of this Lease that Tenant’s Proportionate Share stated above has been calculated to represent the Premises’ pro rata share of Operating Expense for the Building and the Common Areas exclusively serving the Building. Operating Expense shall also include the Building’s pro rata share of any and all Operating Expense incurred with respect to (i) any Common Areas serving the Building and other buildings within the Project and (ii) the Chandler Airport Center Owners Association. The allocation of Operating Expense between the Building and any other buildings within the Project shall be determined by the Landlord, consistent with any recorded easements or other agreements governing such Operating Expense. The Tenant's Percentage ’s Proportionate Share stated above and any such allocation of Building, Operating Expense between buildings within the Project shall be as reasonably determined by Landlord from time to time. Estimated amounts of such Operating Expense shall be paid in monthly installments in advance on or before the first day of each month during the Term. The initial estimated payment of Tenant’s Proportionate Share of Operating Expense is set forth in Section 1(e)1.9. From time to time during the Term, Landlord may notify Tenant in writing of all operatingany adjustment to the monthly installments to be paid by Tenant hereunder and, maintenancethereafter, managementTenant shall make payments accordingly. Within ninety (90) days after the expiration of each calendar year or as soon thereafter as is reasonably practicable, and repair expenses incurred by Landlord in connection with the ownership and operation shall notify Tenant of the Buildingactual Operating Expense for such calendar year and provide Tenant a statement thereof in reasonable detail. Within thirty (30) days after such notice, Tenant shall pay to Landlord or Landlord shall credit against the obligations of Tenant, as the case may be, the Lot and difference between the Premises for any "Operating Year" (as defined below), including without limitation the items described hereafter as "Operating Expense" in Section 7.A. (ii); said estimated payments shall be made by Tenant in during the manner prior calendar year and to the extent as set forth in Section 7.c. The actual amount of Tenant's Percentage ’s Proportionate Share of Building of such expenses is hereinafter referred to as the "Operating Expense Adjustment." If Tenant occupies the Leased Premises for less than a full Operating Year during the Lease Term, the as shown on such statement. Tenant’s Proportionate Share of Operating Expense Adjustment for the years in which the Term commences and ends shall be prorated on a per-diem basis based upon the amount number of time in days of the Term during such Operating Year that Tenant occupies the Leased Premisesyears. If the Building is not fully occupied during any Operating Year during the Lease Term, Tenant's Percentage ’s obligation to pay Tenant’s Proportionate Share of Building shall be recalculated for the purposes of determining Tenant's Operating Expense Adjustment pursuant to this Section 7, except that such recalculation through the Termination Date shall only be for those expenses of the Operating expense that vary with the occupancy of the Building. For the purposes of said recalculation, the total rentable square feet in the Building shall be deemed to equal the average (calculated on a month-by-month basis) of the rentable area of the Building occupied during the applicable Operating Year. As used in this Section 7.A., the following words and terms shall be defined as hereinafter set forth:survive termination.

Operating Expense. Subject Tenant shall pay to Landlord the Operating Expense Allowance in equal monthly installments, the first of which shall be payable upon execution of this Lease. If the term commences other than ont he first day of the calendar month, then the Operating expense Allowance for the first calendar month of the Term shall be adjusted to the terms succeeding month. Tenant's Proportionate Share of Operating Expense If Landlord's Operating Expense for any Operating Year shall be greater than the second following sentenceOperating Expense Allowance, Tenant shall pay to Landlord, Landlord as Additional Rent hereunder, additional rent an amount equal to Tenant's Percentage of Building, as set forth in Section 1(e), of all operating, maintenance, management, and repair expenses incurred by Landlord in connection with the ownership and operation Proportionate Share of the Building, difference (the Lot and the Premises for any "Operating Year" (as defined below), including without limitation the items described hereafter as "Operating Expense" in Section 7.A. (ii); said payments shall be made by Tenant in the manner and to the extent as set forth in Section 7.c. The amount of Tenant's Percentage of Building Proportionate Share of such expenses difference is hereinafter referred to as the "Operating Expense Adjustment." "). If Tenant occupies the Leased Premises or portion thereof for less than a full Operating Year during the Lease TermYear, the Operating Expense Adjustment shall will be prorated on a per-diem basis based upon calculated in proportion to the amount of time in such Operating Year that Tenant occupies occupied the Leased Premises. If the Building is not fully occupied during any Operating Year during the Lease Term, Tenant's Percentage of Building Such Additional Rent shall be recalculated paid in the following manner: within 120 days following the end of the first and each succeeding Operating Year, Landlord shall furnish Tenant an Operating Expense Statement certified as true and correct setting forth (i) the Operating Expense for the purposes of determining preceding Operating Year, (ii) the Operating Expense Allowance and (iii) Tenant's Operating Expense Adjustment pursuant for such Operating Year. Within 10 days following the receipt of such Operating Expense Statement (the "Expense Adjustment Date") Tenant shall pay to this Section 7Landlord as Additional Rent the Operating Expense Adjustment for such Operating Year. Commencing with the first month of the second Operating Year, except that such recalculation Tenant shall only be for those expenses pay to Landlord, in addition to the Operating Expense Allowance, on account of the Operating expense that vary with the occupancy of the Building. For the purposes of said recalculationExpense Adjustment for such Operating Year, the total rentable square feet monthly installments in the Building shall be deemed advance equal to equal the average one-twelfth (calculated on a month-by-month basis1/12) of the rentable area of the Building occupied during the applicable estimated Operating Expense Adjustment for such Operating Year. As used in this Section 7.A.6(A) and Section 1 where applicable, the following words and terms shall be defined as hereinafter set forth:

Operating Expense. Subject Tenant shall pay to Landlord as Additional Rent an amount equal to Tenant's Proportionate Share of Operating Expense for each Operating Year. Commencing with the terms first month of the second following sentenceLease Term, Tenant shall pay to Landlord, as Additional Rent hereunderon account of the Operating Expense for such Operating Year, an amount monthly installments in advance equal to one-twelfth (1/12th) of the Tenant's Percentage of Building, as set forth in Section 1(e), of all operating, maintenance, management, and repair expenses incurred by Landlord in connection with the ownership and operation of the Building, the Lot and the Premises Operating Expense Estimate for any "such Operating Year" (as defined below), including without limitation the items described hereafter as "Operating Expense" in Section 7.A. (ii); said payments shall be made by Tenant in the manner and to the extent as set forth in Section 7.c. The amount of Tenant's Percentage of Building of such expenses is hereinafter referred to as the "Operating Expense Adjustment." If Tenant occupies the Leased Premises or portion thereof for less than a full Operating Year during the Lease TermYear, the Operating Expense Adjustment shall will be prorated on a per-diem basis based upon allocated proportionately to the amount of time in such Operating Year that Tenant so occupies such space. Within one hundred twenty (120) days following the Leased Premises. If end of each Operating Year, Landlord shall furnish Tenant an Operating Expense Statement setting forth (i) the Building is not fully occupied during any Operating Expense for the preceding Operating Year, (ii) Tenant's Proportionate Share, (iii) the Operating Expense Estimate paid by Tenant, and (iv) the amount overpaid or underpaid by Tenant on account of Operating Expense for such Operating Year during (referred to herein as the Lease Term, Tenant's Percentage "Operating Expense Adjustment"). Within fifteen (15) days following the receipt of Building such Operating Expense Statement (the "Expense Adjustment Date") Tenant shall be recalculated for the purposes of determining Tenant's pay to Landlord as Additional Rent any underpaid Operating Expense Adjustment pursuant for such Operating Year, or Landlord shall credit any overpaid Operating Expense Adjustment against the next installments of Annual Fixed Rent and Operating Expense Estimates becoming due under this Lease. The Operating Expense Statement shall also set forth a revised Operating Expense Estimate for the then current Operating Year (which revised estimate shall be based on the actual Operating Expense for the preceding Operating Year, adjusted by reasonable changes, such as changes in taxes or service contracts known to this Section 7, except that such recalculation shall only be for those expenses Landlord as of the date of the issuance of the Operating expense that vary with Expense Statement). The new Operating Expense Estimate shall be retroactive to the occupancy first day of the Building. For the purposes of said recalculationthen current Operating Year, the total rentable square feet and any credits or adjustments shall be handled in the Building shall be deemed to equal same manner as overpayments and underpayments for the average (calculated on a month-by-month basis) of the rentable area of the Building occupied during the applicable preceding Operating Year. As used in this Section 7.A.6 and Section 1 where applicable, the following words and terms shall be defined as hereinafter set forth: