Common use of Payment of Tenant’s Proportionate Share Clause in Contracts

Payment of Tenant’s Proportionate Share. Tenant shall pay to the Landlord throughout the Term or any renewals, its Proportionate Share of the Operating Costs and Taxes, as well as an administration fee equal to three percent (3%) of the said Operating Costs and Taxes and of the Minimum Net Net Rental. Notwithstanding anything to the contrary herein contained, the Landlord may, prior to the commencement of each calendar year or as soon thereafter as is reasonably possible, furnish to the Tenant an estimate of the Operating Costs and Taxes for such calendar year, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the year in question, Additional Rental equal to one twelfth (1/12) of the Tenants Proportionate Share of the estimated Operating Costs and Taxes. Should the first Lease Year of the Term not commence on the first (1st) day of January or should the last Lease Year of the Term not terminate on the thirty-first (31st) day of December, then prior to the Commencement Date of the Term or prior MONTREAL INDUSTRIAL LEASE PAGE 8 to the anniversary of the Commencement Date in the last Lease Year of the Term, as the case may be, or as soon thereafter as is reasonably possible, Landlord shall furnish to Tenant an estimate of the Operating Costs and Taxes for the part of the Lease Year in question, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the part of the Lease Year in question, Additional Rental equal to the Tenant's Proportionate Share of the estimated Operating Costs and Taxes divided by the number of months for that part of the Lease Year in question. After the end of each calendar year, or after the end of the Term in the case of the final Lease Year, the Landlord shall furnish the Tenant with financial statements setting forth the actual Operating Costs and Taxes for such calendar year (or part of the Lease Year, as the case may be) and the Tenant shall pay to the Landlord forthwith an amount equal to its Proportionate Share of the excess of the actual Operating Costs and Taxes over the estimated Operating Costs and Taxes. Should the estimated Operating Costs and Taxes exceed the actual Operating Costs and Taxes, the Tenant shall receive credit for its Proportionate Share of the excess. The appropriate adjustments shall be made between the parties hereto within thirty (30) days after the date on which the Landlord has furnished the Tenant with such statement.

Payment of Tenant’s Proportionate Share. Tenant shall pay to the Landlord throughout the Term or any renewals, its Proportionate Share of the Operating Costs and Taxes, as well as an administration fee equal to three percent (3%) of the said Operating Costs and Taxes and of the Minimum Net Net Rental. Notwithstanding anything to the contrary herein contained, the Landlord may, prior to the commencement of each calendar year or as soon thereafter as is reasonably possible, furnish to the Tenant an estimate of the Operating Costs and Taxes for such calendar year, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the year in question, Additional Rental equal to one twelfth (1/12) of the Tenants Tenant's Proportionate Share of the estimated Operating Costs and Taxes. Should the first Lease Year of the Term not commence on the first (1st) day of January or should the last Lease Year of the Term not terminate on the thirty-first (31st) day of December, then prior to the Commencement Date of the Term or prior MONTREAL INDUSTRIAL LEASE PAGE 8 to the anniversary of the Commencement Date in the last Lease Year of the Term, as the case may be, or as soon thereafter as is reasonably possible, Landlord shall furnish to Tenant an estimate of the Operating Costs and Taxes for the part of the Lease Year in question, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the part of the Lease Year in question, Additional Rental equal to the Tenant's Proportionate Share of the estimated Operating Costs and Taxes divided by the number of months for that part of the Lease Year in question. After the end of each calendar year, or after the end of the Term in the case of the final Lease Year, the Landlord shall furnish the Tenant with financial statements setting forth the actual Operating Costs and Taxes for such calendar year (or part of the Lease Year, as the case may be) and the Tenant shall pay to the Landlord forthwith an amount equal to its Proportionate Share of the excess of the actual Operating Costs and Taxes over the estimated Operating Costs and Taxes. Should the estimated Operating Costs and Taxes exceed the actual Operating Costs and Taxes, the Tenant shall receive credit for its Proportionate Share of the excess. The appropriate adjustments shall be made between the parties hereto within thirty (30) days after the date on which the Landlord has furnished the Tenant with such statement. [ILLEGIBLE] respect thereto, and Landlord may settle, compromise, consent to, waive or otherwise determine, in its sole discretion, all matters and things relating thereto. Tenant may, upon the reasonable consent of Landlord, contest, appeal, object to or litigate the levying or imposition of real estate taxes. In the event that Landlord should contest any Taxes and thereafter receive a refund of any portion thereof, and provided Tenant shall have paid its Proportionate Share of said Taxes, the Landlord shall reimburse to the Tenant the Tenant's Proportionate Share of such refund.

Payment of Tenant’s Proportionate Share. Tenant shall pay Tenant’s Proportionate Share of the Common Area Operating Costs as described in this Article 5. Tenant shall pay to the Landlord throughout the Term or any renewals, its Proportionate Share of the Operating Costs and Taxes, as well as an administration fee equal to three percent (3%) of the said Operating Costs and Taxes and of the Minimum Net Net Rental. Notwithstanding anything to the contrary herein contained, the Landlord may, prior to the commencement of each calendar year or as soon thereafter as is reasonably possible, furnish to the Tenant an estimate of the Operating Costs and Taxes for such calendar year, and the Tenant shall pay to the Landlord, in advance, on the first day of each calendar month during commencing on the year in questionRent Commencement Date, Additional Rental equal an amount estimated by Landlord, from time to one time, as being one-twelfth (1/12) of Tenant’s Proportionate Share for such Calendar Year. Thereafter, within one hundred twenty (120) days after the Tenants end of each Calendar Year, Landlord shall deliver to Tenant a written statement setting forth the amount of Tenant’s Proportionate Share of the estimated actual Common Area Operating Costs and Taxesfor such Calendar Year. Should If the first Lease aggregate payments made by Tenant for any such Calendar Year exceed the amount of Tenant’s Proportionate Share for such Calendar Year, such excess shall be applied as a credit against future payments to be made by Tenant under this paragraph. If the Term aggregate payments made by Tenant for any such Calendar Year are less than the amount of Tenant’s Proportionate Share for such Calendar Year, Tenant shall, immediately upon demand therefor, pay Landlord the amount of any such deficiency. Notwithstanding the foregoing, subsequent adjustments regarding a particular Calendar Year may be made by Landlord as a result of information not commence on available or expenses not determined or determinable at the first time Tenant was originally billed for such Common Area Operating Costs at any time during the two (1st2) day of January or should year period immediately succeeding such Calendar Year. In the last Lease Year of the Term not terminate on the thirty-first (31st) day of December, then prior to event that the Commencement Date of the Term or prior MONTREAL INDUSTRIAL LEASE PAGE 8 to the anniversary of the Commencement Date in the last Lease Year of the Term, as the case may be, or as soon thereafter as is reasonably possible, Landlord shall furnish to Tenant an estimate of the Operating Costs and Taxes for the part of the Lease Year in question, and the Tenant shall pay to the Landlord, in advance, on other than the first day of each month during a full calendar month, the part first monthly payment shall be a prorata amount of a full monthly contribution. In the event that this Lease should end on any date other than the last day of a Calendar Year, Tenant’s Proportionate Share shall be adjusted on the basis of the Lease Year in question, Additional Rental equal to the Tenant's Proportionate Share of the estimated Operating Costs and Taxes divided by ratio which the number of months for that part days which have elapsed from the commencement of the Lease said Calendar Year in question. After the end of each calendar year, or after the end of the Term in the case of the final Lease Year, the Landlord shall furnish the Tenant with financial statements setting forth the actual Operating Costs and Taxes for such calendar year (or part of the Lease Year, as the case may be) and the Tenant shall pay to the Landlord forthwith an amount equal to its Proportionate Share later of the excess of the actual Operating Costs and Taxes over the estimated Operating Costs and Taxes. Should the estimated Operating Costs and Taxes exceed the actual Operating Costs and Taxes, the Tenant shall receive credit for its Proportionate Share of the excess. The appropriate adjustments shall be made between the parties hereto within thirty (30) days after the date on which this Lease terminates or Tenant otherwise surrenders possession of the Landlord has furnished the Tenant with such statementPremises bears to 365. Tenant’s obligation to pay Tenant’s Proportionate Share shall survive termination or earlier expiration of this Lease.

Payment of Tenant’s Proportionate Share. Tenant shall pay to the Landlord throughout the Term or any renewals, its Proportionate Share of the Operating Costs and Taxes, as well as an administration fee equal to three percent (3%) of the said Operating Costs and Taxes and of the Minimum Net Net RentalRental relating to Tenant's Costs. Notwithstanding anything to the contrary herein contained, the Landlord may, prior to the commencement of each calendar year or as soon thereafter as is reasonably possible, furnish to the Tenant an estimate of the Operating Costs and Taxes for such calendar year, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the year in question, Additional Rental equal to one twelfth (1/12) of the Tenants Tenant's Proportionate Share of the estimated Operating Costs and Taxes. Should the first Lease Year of the Term not commence on the first (1st) day of January or should the last Lease Year of the Term not terminate on the thirty-first (31st) day of December, then prior to the Commencement Date of the Term or prior MONTREAL INDUSTRIAL LEASE PAGE 8 to the anniversary of the Commencement Date in the last Lease Year of the Term, as the case may be, or as soon thereafter as is reasonably possible, Landlord shall furnish to Tenant an estimate of the Operating Costs and Taxes for the part of the Lease Year in question, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the part of the Lease Year in question, Additional Rental equal to the Tenant's Proportionate Share of the estimated Operating Costs and Taxes divided by the number of months for that part of the Lease Year in question. After the end of each calendar year, or after the end of the Term in the case of the final Lease Year, the Landlord shall furnish the Tenant with financial statements setting forth the actual Operating Costs and Taxes for such calendar year (or part of the Lease Year, as the case may be) and the Tenant shall pay to the Landlord forthwith an amount equal to its Proportionate Share of the excess of the actual Operating Costs and Taxes over the estimated Operating Costs and Taxes. Should the estimated Operating Costs and Taxes exceed the actual Operating Costs and Taxes, the Tenant shall receive credit for its Proportionate Share of the excess. The appropriate adjustments shall be made between the parties hereto within thirty (30) days after the date on which the Landlord has furnished the Tenant with such statement.

Payment of Tenant’s Proportionate Share. Tenant shall pay Tenant's Proportionate Share of the Common Areas Operating Costs as set forth in Paragraph 9 of the Lease Summary. Tenant shall pay to the Landlord throughout the Term or any renewals, its Proportionate Share of the Operating Costs and Taxes, as well as an administration fee equal to three percent (3%) of the said Operating Costs and Taxes and of the Minimum Net Net Rental. Notwithstanding anything to the contrary herein contained, the Landlord may, prior to the commencement of each calendar year or as soon thereafter as is reasonably possible, furnish to the Tenant an estimate of the Operating Costs and Taxes for such calendar year, and the Tenant shall pay to the Landlord, in advance, on the first day of each calendar month during commencing on the year in questionCommencement Date, Additional Rental equal an amount estimated by Landlord, from time to one time, as being one-twelfth (1/12) of the Tenants Tenant's Proportionate Share for such Fiscal Year. Thereafter, within sixty (60) days after the end of the estimated Operating Costs and Taxes. Should the first Lease Year of the Term not commence on the first (1st) day of January or should the last Lease Year of the Term not terminate on the thirty-first (31st) day of December, then prior to the Commencement Date of the Term or prior MONTREAL INDUSTRIAL LEASE PAGE 8 to the anniversary of the Commencement Date in the last Lease Year of the Term, as the case may be, or as soon thereafter as is reasonably possibleeach Fiscal Year, Landlord shall furnish deliver to Tenant an estimate a written statement setting forth the amount of the Operating Costs and Taxes for the part of the Lease Year in question, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the part of the Lease Year in question, Additional Rental equal to the Tenant's Proportionate Share of the estimated actual Common Areas Operating Costs and Taxes divided for such Fiscal Year. If the aggregate payments made by Tenant for any such Fiscal Year exceed the amount of Tenant's Proportionate Share for such Fiscal Year, such excess shall be applied as a credit against future payments to be made by Tenant under this Paragraph. If the aggregate payments made by Tenant for any such Fiscal Year are less than the amount of Tenant's Proportionate Share for such Fiscal Year, Tenant shall, immediately upon demand therefor, pay Landlord the amount of any such deficiency. Notwithstanding the foregoing, subsequent adjustments may be made by Landlord as a result of information not available or expenses not determined or determinable at the time any particular adjustment is made. In the event that the Commencement Date is other than the first day of a full calendar month, the first monthly payment shall be a PRO RATA amount of a full monthly contribution. In the event that this Lease should end on any date other than the last day of a Fiscal Year, Tenants Proportionate Share shall be adjusted on the basis of the ratio which the number of months for that part days which have elapsed from the commencement of the Lease said Fiscal Year in question. After the end of each calendar year, or after the end of the Term in the case of the final Lease Year, the Landlord shall furnish the Tenant with financial statements setting forth the actual Operating Costs and Taxes for such calendar year (or part of the Lease Year, as the case may be) and the Tenant shall pay to the Landlord forthwith an amount equal to its Proportionate Share later of the excess of the actual Operating Costs and Taxes over the estimated Operating Costs and Taxes. Should the estimated Operating Costs and Taxes exceed the actual Operating Costs and Taxes, the Tenant shall receive credit for its Proportionate Share of the excess. The appropriate adjustments shall be made between the parties hereto within thirty (30) days after the date on which this Lease terminates or Tenant otherwise surrenders possession of the Premises bears to 365. Tenant's obligation to pay Tenant's Proportionate Share shall survive termination or earlier expiration of this Lease. The term "Tenant's Proportionate Share" is subject to adjustment from time to time, and Landlord has furnished expressly reserves the Tenant with right to adjust Tenant's Proportionate Share as is necessary to conform as-built square footage, to reflect changes in the size of the Shopping Center subject to Common Areas Operating Costs, or to reasonably operate the Shopping Center. Tenant's Proportionate Share is the ratio, stated as a percentage, which the "Floor Area" of Tenant's Building (as defined in Paragraph 3 of the Lease Summary and shown on Exhibit D and as may be adjusted by verification subsequent to the completion of construction) bears to the total Floor Area of buildings subject to Common Areas Operating Costs. For purpose of this Paragraph, the term "Floor Area" means the area within the exterior surface of exterior walls of any building or structure, measured from the exterior surface of such statementexterior walls and from the center of common walls (if any), but excluding mezzanines (if any) unless such mezzanines are used as sales areas. Should the gross leasable area of the Shopping Center ever vary from what it is as of the Commencement Date, Tenant's Proportionate Share shall be adjusted so it is the ratio, stated as a percentage, which the Floor Area of Tenant's Building bears to the total Floor Area of all buildings in the Shopping Center then subject to Common Areas Operating Costs.

Payment of Tenant’s Proportionate Share. Tenant shall pay to the Landlord throughout the Term or any renewals, its Proportionate Share of the Operating Costs and Taxes, as well as an administration fee equal to three percent (3%) of the said Operating Costs and Taxes and of the Minimum Net Net Rental. Notwithstanding anything to the contrary herein contained, the Landlord may, prior Prior to the commencement of each calendar year or as soon thereafter as is reasonably possible, furnish to Lease Year the Landlord shall notify the Tenant an of its estimate of the Tenant's Proportionate Share of Operating Costs and and, subject to Section 7.02, its estimate of the Tenant's Proportionate Share of Property Taxes for such calendar year, and the that Lease Year. The Tenant shall pay to the Landlord, such estimated amounts in advance, equal monthly instalments in advance on the first day of each month during the year in question, Additional Rental equal Lease Year. The Landlord may from time to one twelfth (1/12) of the Tenants Proportionate Share of the estimated Operating Costs and Taxes. Should the first time during a Lease Year of the Term not commence on the first (1st) day of January or should the last Lease Year of the Term not terminate on the thirtyre-first (31st) day of December, then prior to the Commencement Date of the Term or prior MONTREAL INDUSTRIAL LEASE PAGE 8 to the anniversary of the Commencement Date in the last Lease Year of the Term, as the case may be, or as soon thereafter as is reasonably possible, Landlord shall furnish to Tenant an estimate of the Operating Costs and Taxes for the part of the Lease Year in question, and the Tenant shall pay to the Landlord, in advance, on the first day of each month during the part of the Lease Year in question, Additional Rental equal to the Tenant's Proportionate Share of the estimated Operating Costs or the Tenant's Proportionate Share of Property Taxes and Taxes divided by shall fix monthly instalments for the number of months for that part then remaining balance of the Lease Year in question. After the end of each calendar year, or after the end of the Term in the case of the final so that such share will have been entirely paid during that Lease Year. When the necessary information becomes available, the Landlord shall furnish make a final determination of the Tenant with financial statements setting forth the actual Tenant's Proportionate Share of Operating Costs and the Tenant's Proportionate Share of Property Taxes for such calendar year (or part of the relevant Lease Year, as which shall be binding upon both parties, and shall provide the case may be) Tenant, upon request, with an audited statement of the Operating Costs for the relevant Lease Year. The Landlord and the Tenant shall expeditiously make any necessary readjusting payments; the Landlord shall pay any excess to the Tenant within fifteen days after such final determination has been made, or the Tenant shall pay to the Landlord forthwith an the difference, if any, between the Tenant's share and the amount equal to its Proportionate Share of the excess of the actual Operating Costs and Taxes over the estimated Operating Costs and Taxes. Should the estimated Operating Costs and Taxes exceed the actual Operating Costs and Taxes, actually paid by the Tenant shall receive credit for its Proportionate Share of the excess. The appropriate adjustments shall be made between the parties hereto within thirty (30) fifteen days after receiving notice of such final determination, as the date on which the Landlord has furnished the Tenant with such statementcase may be.