Common use of Tenant to Bear Pro Rata Share of Expenses Clause in Contracts

Tenant to Bear Pro Rata Share of Expenses. Tenant will pay Landlord, in addition to all other amounts in this Lease provided, such portion of Landlord's Common Area Costs for each calendar year during the Lease Term which bears the same ratio to the total of Landlord's Common Area Costs as the Store Floor Area at the Commencement of such calendar year bears to all Rentable Floor Area rented or occupied by tenants in the Retail Space. The floor area of (i) a Major Tenant, (ii) any tenant in a freestanding Premises who is obligated to maintain specific areas or a specific parcel of land, and (iii) Common Areas shall not be included in Rentable Floor Area, and subject to Section 6.1 above any contributions to Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs prior to the calculation of Tenant's proportionate share. Tenant's share of Landlord's Common Area Costs shall be paid in monthly installments in amounts estimated from time to time by Landlord (provided any such adjustment shall not be made more than once annually), one (1) such installment being due on the first day of each month of each calendar year. After the end of each calendar year the total Landlord's Common Area Costs for such year (and at the end of the Lease Term, the total Landlord's Common Area Costs for the period since the end of the immediately next preceding calendar year) shall be determined by Landlord and Tenant's share paid for such period shall immediately, upon such determination, be adjusted by credit of any excess or payment of any deficiency.

Tenant to Bear Pro Rata Share of Expenses. (a) Tenant will shall pay Landlord, in addition to all other amounts in this Lease provided, such portion as Additional Rent, its proportionate share of Landlord's Common Area Costs for each calendar year Lease Year during the Lease Term Term. Tenant's proportionate share of any such Common Area Costs shall be that portion of such Common Area Costs which bears the same ratio to the total of Landlord's Common Area Costs for the Project as the Store Premises Floor Area at the Commencement of such calendar year bears to all Rentable Floor Area rented or occupied by tenants in the Retail Space. The floor area of (i) a Major Tenant, (ii) any tenant in a freestanding Premises who is obligated to maintain specific areas or a specific parcel of land, and (iii) Common Areas shall not be included in Rentable Project Floor Area, and subject to Section 6.1 above any contributions to Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs prior to the calculation of Tenant's proportionate share. . (b) Tenant's share of Landlord's Common Area Costs shall be paid in monthly installments installments, in amounts reasonably estimated from time to time by Landlord (provided any such adjustment shall not be made more than once annually)Landlord, one (1) such installment being due on the first day of each month of each calendar year. After . (c) Within ninety (90) days after the end of each calendar year (and within ninety (90) days after the end of the Lease Term), Landlord shall provide Tenant with a statement (the "CAM Statement") setting forth in reasonable detail the total Landlord's Common Area Costs for such calendar year (and or, at the beginning or end of the Lease Term, the total such partial calendar year) and Tenant's pro rata share thereof. If Tenant's pro rata share of Landlord's Common Area Costs for any calendar year exceeds the sum of the monthly installments of such costs paid by the Tenant during such calendar year, then Tenant shall pay the excess to Landlord within thirty (30) days after the CAM Statement is received by Tenant. If the sum of Tenant's monthly installments of such costs paid during any calendar year exceeds Tenant's pro rata share of Landlord's Common Area Costs for such calendar year, then Landlord shall pay the excess to the Tenant at the time it delivers the CAM Statement to Tenant. (d) Landlord agrees to keep in its main administrative offices (which on the date hereof are located at 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx) records of Landlord's Common Area Costs. Such records shall be retained by the Landlord for not less than three (3) years after the expiration of the calendar year to which they relate. For purposes of permitting verification by the Tenant of the Landlord's Common Area Costs reported by Landlord, Tenant shall have the right for a period since of three (3) years after the end of the immediately next preceding each calendar year, exercisable not more frequently than once in any twelve (12) shall be determined by Landlord month period for such calendar year, upon not less than ten (10) days' notice to Landlord, to audit and copy or cause to have audited and copied, Landlord's books and records with respect to Landlord's Common Area Costs. If such audit discloses that the CAM Statement has overstated Tenant's pro rata share paid of Landlord's Common Area Costs during a calendar year, then Landlord shall refund any overpayment made by Tenant for such period calendar year and, in addition, if such overstatement (and resulting overpayment) for such calendar year is more than the greater of Five Thousand and 00/100 Dollars and two percent (2%), Landlord shall immediately, upon such determination, be adjusted by credit pay the costs of any excess the Tenant's inspection or payment of any deficiencyaudit.

Tenant to Bear Pro Rata Share of Expenses. (a) Tenant will pay Landlord, in addition to all other amounts in this Lease provided, such portion of Landlord's Common Area Costs attributable to operating, managing, maintaining and repairing the Parking Space (hereinafter called "Landlord's Common Area Costs - PS") for each calendar year during the Lease Term which bears the same ratio to the total of Landlord's Common Area Costs - PS as the Store Floor Area at the commencement of such calendar year (or, with respect to the first calendar year of the Lease Term, the Commencement Date) bears to the Rented Floor Area as defined in Section 4.5B other than rentable floor area occupied by Major Tenants; provided, however, the revenue received by Landlord during a particular calendar year from customers and employees of the Center in the form of parking charges for parking on the Parking Space will be deducted from Landlord's Common Area Costs - PS for that year before Tenant's share is determined. (b) All other Common Area Costs not attributable to the Parking Space are referred to herein as "Landlord's Retail Common Area Costs". Tenant will pay Landlord, in addition to all other amounts in this Lease provided, as Additional Rent, such portion of Landlord's Retail Common Area Costs for each calendar year during the Lease Term which bears the same ratio to the total of Landlord's Retail Common Area Costs as the Store Floor Area at the commencement of such calendar year bears to all Rentable Rented Floor Area rented or as defined in Section 4.5B other than rentable floor area occupied by Major Tenants and tenants in the Retail Space. The floor area of (i) a Major Tenant, (ii) any tenant in a freestanding Premises who is are obligated to maintain specific areas or a specific parcel of land, and land (iii) it being agreed that no part of Common Areas shall not be included in Rentable rentable floor area). The ratio described in the preceding paragraphs (a) and (b) shall not be utilized if the "Rented Floor Area" is less than eighty percent (80%) of the rentable floor area in the Center. If the "Rented Floor Area" is less than eighty percent (80%), and subject to Section 6.1 above any contributions to Landlord's Common Area Costs received by Landlord from such tenants the pro rata share of Tenant shall be deducted from Landlord's Common determined by the ratio the Store Floor Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs prior bears to eighty percent (80%) of the calculation of Tenant's proportionate share. rentable floor area in the Center. (c) Tenant's share of Landlord's Common Area Costs - PS and Landlord's Retail Common Area Costs shall be paid in monthly installments in amounts estimated from time to time by Landlord (provided any such adjustment shall not be made more than once annually)Landlord, one (1l) such installment being due on the first day of each month of each calendar year. After the end of each calendar year the total Landlord's Common Area Costs - PS and Landlord's Retail Common Area Costs for such year (and at the end of the Lease Term, the total Landlord's Common Area Costs - PS and Landlord's Retail Common Area Costs for the period since the end of the immediately next preceding calendar year) shall be determined by Landlord and Tenant's share paid for such period shall immediately, upon such determination, be adjusted by credit of any excess or payment in full of any deficiency. Tenant acknowledges and stipulates that Landlord has made no representation or agreement of any kind as to the total dollar amount of such Common Area Costs, actual or estimated or Tenant's dollar share thereof.

Tenant to Bear Pro Rata Share of Expenses. Tenant will pay Landlord, in addition to all other amounts in this Lease provided, such portion of Landlord's Common Area Costs for each calendar year during the Lease Term (pro rated accordingly for a partial calendar year) which bears the same ratio to the total of Landlord's Common Area Costs as fifty percent (50%) of the Store Floor Area at the Commencement commencement of such calendar year bears to all Rentable Floor Area rented or occupied by tenants in the Retail Space. The floor area of (i) a Major Tenant, (ii) any tenant in a freestanding Premises who is obligated to maintain specific areas or a specific parcel of land, and (iii) Common Areas shall not be included in Rentable Floor Area, and subject to Section 6.1 above any contributions to Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs prior to the calculation of Tenant's proportionate share. Tenant's share of Landlord's Common Area Costs shall be paid in monthly installments in amounts estimated from time to time by Landlord (provided any such adjustment shall not be made more than once annually)Landlord, one (1) such installment being due on the first day of each month of each calendar year. After the end of each calendar year the total Landlord's Common Area Costs for such year (and at the end of the Lease Term, the total Landlord's Common Area Costs for the period since the end of the immediately next preceding calendar year) shall be determined by Landlord and Tenant's share paid for such period shall immediately, upon such determination, be adjusted by credit of any excess or payment of any deficiency.. Within ninety (90) days after the end of each calendar year, Landlord

Tenant to Bear Pro Rata Share of Expenses. Tenant will pay Landlord, in addition to all other amounts in this Lease provided, such portion of Landlord's Common Area Costs for each calendar year during the Lease Term which bears the same ratio to the total of Landlord's Common Area Costs as the Store Floor Area at the Commencement commencement of such calendar year bears to all Rentable Floor Area the average rentable floor area rented or occupied by tenants in the Retail SpaceShopping Complex ("Rentable Floor Area"). The floor area of (i) a Major Tenant, (ii) any tenant in a freestanding Premises who is obligated to maintain specific areas or a specific parcel of land, and (iii) Common Areas Areas, as hereinafter defined, shall not be included in the Rentable Floor Area, and subject to Section 6.1 above any contributions to Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs prior to the calculation of Tenant's proportionate share. THE RATIO DESCRIBED IN THE PRECEDING PARAGRAPH SHALL NOT BE UTILIZED IF THE "RENTABLE FLOOR AREA RENTED OR OCCUPIED" IS LESS THAN EIGHTY-FIVE PERCENT (85%) OF THE RENTABLE FLOOR AREA IN THE SHOPPING COMPLEX. IF THE "RENTABLE FLOOR AREA RENTED OR OCCUPIED" IS LESS THAN EIGHTY-FIVE PERCENT (85%), THE PRO RATA SHARE OF TENANT SHALL BE DETERMINED BY THE RATIO THE STORE FLOOR AREA BEARS TO EIGHTY-FIVE PERCENT (85%) OF THE RENTABLE FLOOR AREA IN THE SHOPPING COMPLEX. Tenant's share of Landlord's Common Area Costs shall be paid in monthly installments in amounts REASONABLY estimated from time to time by Landlord (provided any such adjustment shall not be made more than once annually)Landlord, one (1) such installment being due on the first day of each month of each calendar year. After the end of each calendar year the total Landlord's Common Area Costs for such year (and at the end of the Lease Term, the total Landlord's Common Area Costs for the period since the end of the immediately next preceding calendar year) shall be determined by Landlord and Tenant's share paid for such period shall immediately, upon such determination, be adjusted by credit REFUND of any excess or payment of any deficiency.

Tenant to Bear Pro Rata Share of Expenses. Tenant will pay Landlord, in addition to all other amounts in this Lease provided, such portion of Landlord's Common Area Costs for each calendar year during the Lease Term which bears the same ratio to the total of Landlord's Common Area Costs as the Store Floor Area at the Commencement commencement of such calendar year bears to all Rentable Floor Area rented or occupied by tenants in on Landlord's Tract other than Rentable Floor Area occupied by Department Stores, tenants or other occupants of the Retail Space. The floor area of (i) a Major Tenant, (ii) any tenant in a freestanding Premises Center who is are obligated to maintain specific areas or a specific parcel of land, and (iii) Common Areas shall not be included in Rentable Floor Area, and subject to Section 6.1 above any contributions to Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs received by Landlord from such tenants shall be deducted from Landlord's Common Area Costs prior to the calculation of Tenant's proportionate share. Tenant's share of Landlord's Common Area Costs shall be paid in monthly installments in amounts estimated from time to time by Landlord (provided any such adjustment shall not be made more than once annually)Landlord, one (1( 1 ) such installment being due on the first day of each month of each calendar year. After the end of each calendar year the total Landlord's Common Area Costs for such year (and at the end of the Lease Term, the total Landlord's Common Area Costs for the period since the end of the immediately next preceding calendar year) shall be determined by Landlord and Tenant's share paid for such period shall immediately, upon such determination, be adjusted by credit of any excess or payment of any deficiencydeficiency PROVIDED, HOWEVER, ANY INCREASES IN TENANT'S SHARE SHALL BE CAPPED AT TEN PERCENT (10%) PER YEAR. NOTWITHSTANDING THE FOREGOING TO THE CONTRARY, TENANT'S PROPORTIONATE SHARE OF LANDLORD'S COMMON AREA COSTS SHALL NOT EXCEED $8.50 PER SQUARE FOOT DURING CALENDAR YEAR 1991 AND SUCH SHARE SHALL BE PRORATED FOR SUCH PARTIAL CALENDAR YEAR.