Common use of Shared Expenses Clause in Contracts

Shared Expenses. ARCO will reimburse Buyer a portion of the cost --------------- of acquiring, transporting and installing certain signs and other trade dress required hereunder and set forth is Exhibit B, as specified below. The amount of such reimbursement shall be the lesser of (i) one half of Buyer's actual verifiable cost, or (ii) the maximum amount indicated on Exhibit B. The reimbursement shall apply on a one-time only basis to the Premises during its entire franchise relationship with ARCO regardless of whether this is the first or a subsequent agreement between Buyer and ARCO for the supply of Product at the Premises. Buyer shall be solely responsible for the cost of maintaining, repairing and replacing all trade dress. Request for the foregoing reimbursement shall be in writing and accompanied by all original invoices (of which Buyer shall keep copies). Upon receiving such a request, ARCO shall inspect Buyer's facility to confirm that the trade dress is of the proper type and properly installed and verify Buyer's actual cost. If ARCO confirms that the trade dress meets ARCO's requirements and verifies Buyer's submitted cost as accurate, then ARCO shall either reimburse Buyer the amount described above or pay the entire cost of such trade dress directly to the third party vendor, whichever ARCO alone chooses. If ARCO elects to pay the third party vendor directly, then within five (5) calendar days after receiving notice from ARCO that such payment will be or has been made, Buyer will remit to ARCO the difference between the amount of the invoice and the amount of ARCO's reimbursement as calculated above. Further, ARCO may arrange directly with a third xxxxx vendor to satisfy the requirements of this Paragraph 14.3 and collect from Buyer in advance upon five days' notice, an amount equal to the total maximum reimbursements to which Buyer is entitled under this Paragraph and Exhibit B, to cover Buyer's share of the cost of trade dress expenses. Should the amount of this advance payment exceed one half of the actual cost of satisfying the trade dress requirements herein, ARCO will refund the excess amount to Buyer. If the amount of the advance payment is less than the actual cost of satisfying the trade dress requirements herein, then Buyer shall pay ARCO the amount of the deficiency upon demand. In addition to all other remedies available to it, ARCO may offset against any amounts owed to Buyer, the amount of any remittance owing to ARCO hereunder. Notwithstanding this Paragraph 14.3, Buyer may be obliged to pay ARCO for any reimbursements received and direct vendor payments made by ARCO hereunder upon the termination or nonrenewal of this Agreement as specified is Paragraph 17.3.

Shared Expenses. ARCO will reimburse Buyer a portion of the cost --------------- of acquiring, transporting and installing certain signs and other trade dress required hereunder and set forth is Exhibit B, as specified below. The amount of such reimbursement shall be the lesser of (i) one half of Buyer's actual verifiable cost, or (ii) the maximum amount indicated on Exhibit B. The reimbursement shall apply on a one-time only basis to the Premises during its entire franchise relationship with ARCO regardless of whether this is the first or a subsequent agreement between Buyer and ARCO for the supply of Product at the Premises. Buyer shall be solely responsible for the cost of maintaining, repairing and replacing all trade dress. Request for the foregoing reimbursement shall be in writing and accompanied by all original invoices (of which Buyer shall keep copies). Upon receiving such a request, ARCO shall inspect Buyer's facility to confirm that the trade dress is of the proper type and properly installed and verify Buyer's actual cost. If ARCO confirms that the trade dress meets ARCO's requirements and verifies Buyer's submitted cost as accurate, then ARCO shall either reimburse Buyer the amount described above or pay the entire cost of such trade dress directly to the third party vendor, whichever ARCO alone chooses. If ARCO elects to pay the third party vendor directly, then within five (5) calendar days after receiving notice from ARCO that such payment will be or has been made, Buyer will remit to ARCO the difference between the amount of the invoice and the amount of ARCO's reimbursement as calculated above. Further, ARCO may arrange directly with a third xxxxx vendor to satisfy the requirements of this Paragraph 14.3 and collect from Buyer in advance upon five days' notice, an amount equal to the total maximum reimbursements to which Buyer is entitled under this Paragraph and Exhibit B, to cover Buyer's share of the cost of trade dress expenses. Should the amount of this advance payment exceed one half of the actual cost of satisfying the trade dress requirements herein, ARCO will refund the excess amount to Buyer. If the amount of the advance payment is less than the actual cost of satisfying the trade dress requirements herein, then Buyer shall pay ARCO the amount of the deficiency upon demand. In addition to all other remedies available to it, ARCO may offset against any amounts owed to Buyer, the amount of any remittance owing to ARCO hereunder. Notwithstanding this Paragraph 14.3, Buyer may be obliged to pay ARCO for any reimbursements received and direct vendor payments made by ARCO hereunder upon the termination or nonrenewal of this Agreement as specified is Paragraph 17.3.

Shared Expenses. ARCO will reimburse Buyer a portion The Leased Premises is part of the cost --------------- Building, and the following sub-paragraphs (a) [taxes], (b) [special assessments], (c) [insurance], and (d) [common area maintenance] (sub-paragraphs (a)-(d) collectively, the “Shared Expenses”) make reference to an “Allocation Percentage” whereby some of acquiringthe expenses covered by such sub-paragraphs are allocated to the Leased Premises. The parties agree that the Allocation Percentage shall be determined by the provider of the items being allocated in cases where such provider in the ordinary course determines charges separately for the Leased Premises; in all other cases, transporting the Allocation Percentage shall be determined on a square-foot basis. The parties agree that the entire Building comprises approximately 45,335 square feet, and installing certain signs and other trade dress required hereunder and set forth is Exhibit Bthe Leased Premises comprises approximately 16,100 square feet. Therefore, Tenant’s Allocation Percentage for the Leased Premises equals 35.51%. The total amount of Shared Expenses shall be estimated in advance by Landlord for each calendar year. Tenant shall timely pay as Additional Rent the then-current assessment of the Shared Expenses allocable to the Leased Premises, as specified belowdetermined by the Allocation Percentage. The amount For the purposes of such reimbursement calculating the initial year’s assessment, the assessment is $2.00/square foot. Tenant shall timely pay the then-current assessment until notified of any adjusted assessment. Such assessment shall be the lesser paid by Tenant each and every month in installments of one twelfth (i1/12) one half of Buyer's actual verifiable cost, or (ii) the maximum amount indicated on Exhibit B. The reimbursement shall apply on a one-time only basis to the Premises during its entire franchise relationship with ARCO regardless of whether this is the first or a subsequent agreement between Buyer and ARCO for the supply of Product at the Premises. Buyer shall be solely responsible for the cost of maintaining, repairing and replacing all trade dress. Request for the foregoing reimbursement shall be in writing and accompanied by all original invoices (of which Buyer shall keep copies). Upon receiving such a request, ARCO shall inspect Buyer's facility to confirm that the trade dress is of the proper type and properly installed and verify Buyer's actual costassessment. If ARCO confirms that Within ninety (90) days of the trade dress meets ARCO's requirements and verifies Buyer's submitted cost as accurateconclusion of each calendar year, then ARCO Landlord shall either reimburse Buyer the amount described above or pay the entire cost of such trade dress directly to the third party vendor, whichever ARCO alone chooses. If ARCO elects to pay the third party vendor directly, then within five (5) calendar days after receiving notice from ARCO that such payment will be or has been made, Buyer will remit to ARCO the difference between account for the amount of the invoice actual Shared Expenses for that calendar year, and the amount of ARCO's reimbursement as calculated above. Further, ARCO may arrange directly with a third xxxxx vendor to satisfy the requirements of this Paragraph 14.3 and collect from Buyer any assessments collected by Landlord in advance upon five days' notice, an amount equal to the total maximum reimbursements to which Buyer is entitled under this Paragraph and Exhibit B, to cover Buyer's share of the cost of trade dress expenses. Should the amount of this advance payment exceed one half excess of the actual cost amount of satisfying the trade dress requirements herein, ARCO will refund the excess amount Shared Expenses shall be credited to BuyerTenant; and any shortage assessed to Tenant shall become due within (10) days of notification. If the amount term of the advance payment is less this Lease commences or ends at any time other than the actual cost first day of satisfying the trade dress requirements hereina calendar year, then Buyer Tenant shall pay ARCO the amount be responsible for a prorated portion of the deficiency upon demand. In addition that calendar year’s estimated Shared Expenses, said pro-ration to all other remedies available to it, ARCO may offset against any amounts owed to Buyer, the amount of any remittance owing to ARCO hereunder. Notwithstanding this Paragraph 14.3, Buyer may be obliged to pay ARCO for any reimbursements received and direct vendor payments made by ARCO hereunder upon the termination or nonrenewal of this Agreement as specified is Paragraph 17.3on a daily basis.

Shared Expenses. ARCO will reimburse Buyer a portion of the --------------- cost --------------- of acquiring, transporting and installing certain signs and other trade dress required hereunder and set forth is Exhibit B, as specified below. The amount of such reimbursement shall be the lesser of (i) one half of Buyer's actual verifiable cost, or (ii) the maximum amount indicated on Exhibit B. The reimbursement shall apply on a one-time only basis to the Premises during its entire franchise relationship with ARCO regardless of whether this is the first or a subsequent agreement between Buyer and ARCO for the supply of Product at the Premises. Buyer shall be solely responsible for the cost of maintaining, repairing and replacing all trade dress. Request for the foregoing reimbursement shall be in writing and accompanied by all original invoices (of which Buyer shall keep copies). Upon receiving such a request, ARCO shall inspect Buyer's facility to confirm that the trade dress is of the proper type and properly installed and verify Buyer's actual cost. If ARCO confirms that the trade dress meets ARCO's requirements and verifies Buyer's submitted cost as accurate, then ARCO shall either reimburse Buyer the amount described above or pay the entire cost of such trade dress directly to the third party vendor, whichever ARCO alone chooses. If ARCO elects to pay the third party vendor directly, then within five (5) calendar days after receiving notice from ARCO that such payment will be or has been made, Buyer will remit to ARCO the difference between the amount of the invoice and the amount of ARCO's reimbursement as calculated above. Further, ARCO may arrange directly with a third xxxxx vendor to satisfy the requirements of this Paragraph 14.3 and collect from Buyer in advance upon five days' notice, an amount equal to the total maximum reimbursements to which Buyer is entitled under this Paragraph and Exhibit B, to cover Buyer's share of the cost of trade dress expenses. Should the amount of this advance payment exceed one half of the actual cost of satisfying the trade dress requirements herein, ARCO will refund the excess amount to Buyer. If the amount of the advance payment is less than the actual cost of satisfying the trade dress requirements herein, then Buyer shall pay ARCO the amount of the deficiency upon demand. In addition to all other remedies available to it, ARCO may offset against any amounts owed to Buyer, the amount of any remittance owing to ARCO hereunder. Notwithstanding this Paragraph 14.3, Buyer may be obliged to pay ARCO for any reimbursements received and direct vendor payments made by ARCO hereunder upon the termination or nonrenewal of this Agreement as specified is Paragraph 17.3.