Common use of Tenant’s Contribution Clause in Contracts

Tenant’s Contribution. Tenant's share of Common Area Costs ("Tenant's Share") shall be calculated as the ratio which Tenant's Floor Area specified in Paragraph F of the BLP, bears to the total Floor Area then built in the Shopping Center described in Paragraph E of the BLP. Tenant shall pay to Landlord on a monthly basis, according to the terms of the BLP, at the same time(s) and in the same manner(s) as Tenant pays its monthly installments of Minimum Rent to Landlord, Tenant's Share of the amount of all Common Area Costs together with Tenant's Share of estimated Taxes pursuant to Section 6.2 and Tenant's share of estimated insurance pursuant to Sections 9.1(b) and 9.3(a) based either on (a) the amount of such expenses actually incurred for the billing period, or (b) equal periodic installments which have been estimated in advance by Landlord for a particular calendar year, in which event within sixty (60) days after each calendar year, Landlord shall furnish Tenant with a statement (“Landlord’s Operating Statement”) showing in reasonable detail: (i) the actual Common Area Costs, Taxes, and insurance for the previous calendar year; (ii) Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for the previous calendar year; and (iii) the total sum of Tenant’s Share payments of the estimated Common Area Costs, Taxes, and insurance for the previous calendar year. If Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for a calendar exceeds the amount of Tenant’s Share of the estimated Common Area Costs, Taxes, and insurance actually paid by Tenant for that calendar year, then Tenant shall immediately pay such deficiency to Landlord within ten (10) days after receipt of the Landlord’s Operating Statement. If Tenant’s Share of the estimated Common Area Costs, Taxes, and insurance for a calendar year exceeds Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for that calendar year, then the excess shall be credited against Tenant’s share of future Common Area Costs, Taxes, and insurance. In no event shall Tenant be relieved of its obligation to pay Tenant’s Share of Common Area Costs, Taxes, and insurance if Landlord is late in sending Landlord’s Operating Statement to Tenant.

Tenant’s Contribution. Tenant's share of Common Area Costs ("Tenant's Share") shall be calculated as From and after the ratio which Tenant's Floor Area specified in Paragraph F of Lease Commencement Date, and during the BLPentire Initial Lease Term and all Extended Terms, bears to the total Floor Area then built in the Shopping Center described in Paragraph E of the BLP. Tenant shall pay to Landlord on a monthly basis, according to the terms first day of the BLP, at the same time(s) and in the same manner(s) as Tenant pays its monthly installments of Minimum Rent to Landlordeach month, Tenant's ’s Pro Rata Share of the amount of all Common Area Costs together with Tenant's Share of estimated Taxes pursuant to Section 6.2 and Tenant's share of estimated insurance pursuant to Sections 9.1(b) and 9.3(a) by which Operating Expenses for a particular Lease Year exceed Operating Expenses for the Base Year, based either on on, at Landlord’s election, either: (a) the amount of such expenses actually incurred for during the billing period, ; or (b) equal periodic installments which have been estimated in advance by Landlord for a particular period. Landlord may revise such estimates upward or downward at any time with reasonable prior notice to Tenant. If Landlord elects to xxxx Tenant based upon estimates, Landlord shall, within one hundred twenty (120) days after the end of the calendar year, in which event within sixty (60) days after each calendar yearor as soon thereafter as possible, Landlord shall furnish forward to Tenant with a written statement (the “Landlord’s Operating Statementannual reconciliation statement”) showing in reasonable detail: (i) which adjusts the estimated expenses to reflect the actual Common Area Costs, Taxes, and insurance expenses incurred for the previous calendar year; (ii) Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for the previous calendar year; and (iii) the total sum of Tenant’s Share payments of the estimated Common Area Costs, Taxes, and insurance for the previous calendar such year. If Tenant’s Share of the annual reconciliation statement shows the actual Common Area Costs, Taxes, and insurance for a calendar exceeds the amount of Tenant’s Share of expenses to have exceeded the estimated Common Area Costs, Taxes, and insurance actually paid by Tenant for that calendar yearexpenses, then Tenant shall immediately pay such deficiency to Landlord within ten (10) days after receipt of the Landlord’s Operating Statement. If Tenant’s Share of the estimated Common Area Costs, Taxes, and insurance for a calendar year exceeds Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for that calendar year, then the excess shall be credited against Tenant’s share of future Common Area Costssuch additional amount shall be paid by Tenant to Landlord within thirty (30) days of receipt of the annual reconciliation statement; if the annual reconciliation statement shows the actual expenses to have been less than the estimated expenses, Landlord shall at its election pay the amount to Tenant or credit Tenant’s share against the sums next due hereunder from Tenant to Landlord (or against any outstanding sums then due). Notwithstanding anything herein to the contrary, Tenant’s liability with respect to controllable Operating Expenses (excluding taxes and insurance) in any given Lease Year shall not increase by more than one hundred five percent (105%) of the amount of such costs for the preceding Lease Year on a cumulative basis. For the purpose of this Section 5.6, “controllable Operating Expenses” shall refer to all Operating Expenses other than Taxes, insurance, utilities, snow removal, non-union labor and insurance. In no event shall Tenant be relieved any other cost not within the reasonable control of its obligation to pay Tenant’s Share of Common Area Costs, Taxes, and insurance if Landlord is late in sending Landlord’s Operating Statement to Tenant.

Tenant’s Contribution. Tenant's share From and after the Commencement Date of Common Area Costs ("Tenant's Share") shall be calculated as this Lease, and during the ratio which Tenant's Floor Area specified in Paragraph F of the BLPentire Lease term and any Extended Term(s), bears to the total Floor Area then built in the Shopping Center described in Paragraph E of the BLP. Tenant shall pay to Landlord on a monthly basis, according to the terms of the BLP, at the same time(s) and in the same manner(s) as Tenant pays its monthly installments of with Fixed Minimum Rent on the first day of each month (subject to Landlord3 day grace period), Tenant's Share ’s pro rata share of the amount of all Common Area Costs together with Tenant's Share of estimated Taxes pursuant to Section 6.2 and Tenant's share of estimated insurance pursuant to Sections 9.1(b) and 9.3(a) Expenses based either on on, at Landlord’s election, either: (a) the amount of such expenses actually incurred for during the billing period, ; or (b) equal periodic installments which have been estimated in advance by Landlord for a particular calendar yearperiod. Landlord may revise such estimates upward or downward at any time without prior notice to Tenant. If Landlord elects to xxxx Tenant based upon estimates, in which event Landlord shall, within sixty (60) days after each the end of the calendar year, Landlord shall furnish or as soon thereafter as possible, forward to Tenant with a written statement (the “Landlord’s Operating Statementannual reconciliation statement”) showing in reasonable detail: (i) which adjusts the estimated expenses to reflect the actual Common Area Costs, Taxes, and insurance expenses incurred for the previous calendar year; (ii) Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for the previous calendar year; and (iii) the total sum of Tenant’s Share payments of the estimated Common Area Costs, Taxes, and insurance for the previous calendar such year. If Tenant’s Share of the annual reconciliation statement shows the actual Common Area Costs, Taxes, and insurance for a calendar exceeds the amount of Tenant’s Share of expenses to have exceeded the estimated Common Area Costs, Taxes, and insurance actually paid by Tenant for that calendar yearexpenses, then Tenant shall immediately pay such deficiency to Landlord within ten (10) days after receipt of the Landlord’s Operating Statement. If Tenant’s Share of the estimated Common Area Costs, Taxes, and insurance for a calendar year exceeds Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for that calendar year, then the excess shall be credited against Tenant’s share of future Common Area Costssuch additional amount shall be paid by Tenant to Landlord within thirty (30) days of receipt of the annual reconciliation statement; if the annual reconciliation statement shows the actual expenses to have been less than the estimated expenses, Taxes, and insurance. In no event Landlord shall Tenant be relieved of its obligation to pay credit Tenant’s Share of Common Area Costsshare against the sums next due hereunder from Tenant to Landlord (or against any outstanding sums then due).Tenant’s pro rata share shall be equal to the ratio which Tenant’s rentable ground floor area bears to the total rentable ground floor area which has the benefit of, Taxesor participates in, and insurance if Landlord the expense(s) or service(s) for which Tenant is late in sending Landlord’s Operating Statement to Tenantbeing charged.

Tenant’s Contribution. Tenant's share In December of Common Area Costs ("Tenant's Share") shall be calculated as the ratio which Tenant's Floor Area specified in Paragraph F of the BLP, bears to the total Floor Area then built in the Shopping Center described in Paragraph E of the BLP. Tenant shall pay to Landlord on a monthly basis, according to the terms of the BLP, at the same time(s) and in the same manner(s) as Tenant pays its monthly installments of Minimum Rent to Landlord, Tenant's Share of the amount of all Common Area Costs together with Tenant's Share of estimated Taxes pursuant to Section 6.2 and Tenant's share of estimated insurance pursuant to Sections 9.1(b) and 9.3(a) based either on (a) the amount of such expenses actually incurred for the billing period, or (b) equal periodic installments which have been estimated in advance by Landlord for a particular calendar year, in which event within sixty (60) days after each calendar year, Landlord shall furnish will notify Tenant with a statement (“Landlord’s Operating Statement”) showing in reasonable detail: (i) the actual Common Area Costs, Taxes, and insurance for the previous calendar year; (ii) Tenant’s Share writing of the actual Common Area Costs, Taxes, and insurance for the previous calendar year; and (iii) the total sum Landlord's reasonable or good faith estimate of Tenant’s Share payments of the estimated Common Area Costs, Taxes, and insurance for the previous calendar year. If Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for a calendar exceeds the amount of Tenant’s Share the contributions due for the following twelve months pursuant to Sections 5.1, 5.3, 9.3 and 10.4, which amounts Tenant shall pay in advance in twelve (12) equal, monthly installments on the first day of each month of such lease year. At the end of each lease year, or at the expiration or sooner termination of the estimated Common Area Costslease term, TaxesLandlord will compute Tenant's contributions for such year and, and insurance actually if total amount of contributions paid by Tenant for that calendar such year is less than the amounts of the contributions due for such lease year, then the Tenant shall immediately pay Landlord any deficiency. If the total amount of contributions paid for. such year exceeds the amount which Tenant is required to contribute pursuant to said Sections, then Landlord shall credit or refund such excess to Tenant as requested by Tenant; provided, however, upon expiration or sooner termination of the lease term, if Tenant has otherwise complied with all other terms of this Lease, Landlord shall refund such excess to Tenant. If this Lease commences on a date other than the first day of January, Landlord shall estimate Tenant's contributions for that portion of the lease year, and Tenant shall pay such charge in equal monthly installments on the first day of the remaining months of the lease year. If at any time Landlord obtains additional information regarding the actual amounts of the contributions, Landlord shall adjust the amount of monthly installments due during the balance of the year to reflect such additional information by giving Tenant written notice thereof, which notice shall also state the amount of the excess or deficiency, it any, in the prior monthly payments for the lease year. Landlord shall immediately refund any excess Tenant, and Tenant shall pay deficiency to Landlord within ten twenty (1020) days after of its receipt of the Landlord’s Operating Statement. If Tenant’s Share notice and shall make the adjusted monthly payments for the remainder of the estimated Common Area Costslease year. Tenant, Taxesat its expense, shall have the right during and insurance within one year after the end of the Term, to annually inspect, copy and audit Landlord's books and records relating to the costs payable pursuant to Sections 5.1, 5.3, 9.3 and 10.4 and other matters arising under this lease during the Term. Landlord shall keep and maintain true, correct and complete books and records with respect to the operation of the building or otherwise related to any building operating costs and shall retain at Landlord's office all books and records relating to such costs for a period of three years after the calendar year exceeds Tenant’s Share of which they accrue. Notwithstanding anything contained in this Lease to the actual Common Area Costscontrary, Taxes, and insurance for that calendar Tenant shall pay a minimum of Three Dollars ($3.00) per square foot of leased premises per year, then throughout the excess shall be credited against lease term (including any extensions thereof), as Tenant’s share of future Common Area Costs's Contribution pursuant to Sections 5.1, Taxes5.3, 9.3 and insurance. In no event shall Tenant be relieved of its obligation to pay Tenant’s Share of Common Area Costs, Taxes, and insurance if Landlord is late in sending Landlord’s Operating Statement to Tenant10.4 hereof.

Tenant’s Contribution. Tenant's share of Common Area Costs ("Tenant's Share") shall be calculated as From and after the ratio which Tenant's Floor Area specified in Paragraph F of the BLPCommencement Date, bears Tenant covenants to the total Floor Area then built in the Shopping Center described in Paragraph E of the BLP. Tenant shall pay to Landlord on a monthly basis, according to basis along with the terms of the BLP, at the same time(s) and in the same manner(s) as Tenant pays its monthly installments installment of Minimum Rent payable by Tenant to Landlord, as additional rent during each Lease Year of the Lease Term, one-twelfth (1/12th) of Tenant's ’s Percentage Share of all insurance required to be maintained by Landlord (specifically excluding any rent loss insurance or administrative or management fee of Landlord) in connection with the Elm Road Medical Campus as set forth in Section 9.1 of this Lease (herein sometimes referred to as the “Insurance Premiums”) for such respective Lease Year of the Lease Term. Tenant’s Percentage Share of Insurance Premiums for the first (1st) Lease Year of the Lease Term is reasonably estimated by Landlord to be Four Thousand Three Hundred Twenty Dollars ($4,320.00) payable by Tenant in twelve (12) equal installments of Three Hundred Sixty Dollars ($360.00) per month; it being agreed that for each Lease Year of the Lease Term after the first (1st) Lease Year, the estimated percentage share of Insurance Premiums payable by Tenant to Landlord on a monthly basis shall be based upon Tenant’s Percentage Share of the actual Insurance Premiums paid for the preceding Lease Year of the Lease Term (e.g., the estimated Insurance Premiums for the second [2nd] Lease Year of the Lease Term shall be based upon the actual Insurance Premiums payable by Landlord in connection with the Elm Road Medical Campus for the first [1st] Lease Year of the Lease Term). In the event that during any Lease Year of the Lease Term Tenant’s Percentage Share of the actual Insurance Premiums for said Lease Year shall exceed the estimated amount of all Common Area Costs together paid by Tenant to Landlord in accordance with the foregoing, then Tenant shall pay such deficiency to Landlord with Tenant's ’s next due installment of Minimum Rent after request therefor by Landlord; it being agreed that in the event Tenant’s Percentage Share of estimated Taxes pursuant to Section 6.2 and Tenant's share of estimated insurance pursuant to Sections 9.1(b) and 9.3(a) based either on (a) the actual Insurance Premiums are less than the amount paid therefor by Tenant, then such excess amount shall be taken as a credit by Tenant against the next installments of Rent due to Landlord hereunder until such expenses actually incurred for the billing periodamount has been fully refunded. Landlord shall furnish Tenant, or (b) equal periodic installments which have been estimated in advance by Landlord for a particular calendar year, in which event within sixty (60) days after the close of each calendar yearyear during the Lease Term, Landlord shall furnish Tenant with copies of the insurance company’s invoice pursuant to which Landlord’s insurance payments were made and a statement (“Landlord’s Operating Statement”) showing in reasonable detail: (i) the actual Common Area Costs, Taxes, and insurance for the previous calendar year; (ii) Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for the previous calendar year; and (iii) the total sum calculation of Tenant’s Percentage Share payments of the estimated Common Area Costs, Taxes, and insurance for the previous calendar year. If Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for a calendar exceeds the amount of Tenant’s Share of the estimated Common Area Costs, Taxes, and insurance actually paid by Tenant for that calendar year, then Tenant shall immediately pay such deficiency to Landlord within ten (10) days after receipt of the Landlord’s Operating Statement. If Tenant’s Share of the estimated Common Area Costs, Taxes, and insurance for a calendar year exceeds Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for that calendar year, then the excess shall be credited against Tenant’s share of future Common Area Costs, Taxes, and insurance. In no event shall Tenant be relieved of its obligation to pay Tenant’s Share of Common Area Costs, Taxes, and insurance if Landlord is late in sending Landlord’s Operating Statement to Tenantthereof.

Tenant’s Contribution. Tenant's share of Common Area Costs ("Tenant's Share") shall be calculated as the ratio which Tenant's Floor Area specified in Paragraph F of the BLP, bears to the total Floor Area then built in the Shopping Center described in Paragraph E of the BLP. Tenant shall pay to Landlord on a monthly basis, according to basis along with the terms monthly installment of the BLP, at the same time(s) and in the same manner(s) as Rent payable by Tenant pays its monthly installments of Minimum Rent to Landlord, as additional rent during each full or partial Lease Year of the Lease Term, one-twelfth (1/12th) of Tenant's ’s Percentage Share of Common Area Costs for Elm Road Medical Campus as established in the Declaration (as defined in Section 1.2). Tenant’s Percentage Share of Common Area Costs for the first (1st) Lease Year of the Lease Term shall be reasonably estimated by Landlord in Section 1.2 of this Lease; it being agreed that for each Lease Year of the Lease Term after the first (1st) Lease Year, the estimated percentage share of Common Area Costs payable by Tenant to Landlord on a monthly basis shall be based upon Tenant’s Percentage Share of Common Area Costs payable by Tenant pursuant hereto for the preceding Lease Year of the Lease Term (e.g., the estimated Common Area Costs for the second [2nd] Lease Year of the Lease Term shall be based upon the actual Common Area Costs payable by Tenant hereunder which Landlord incurs for the first [1st] Lease Year of the Lease Term). In the event that during any Lease Year of the Lease Term Tenant’s Percentage Share of the amount of all actual Common Area Costs together for said Lease Year shall exceed the estimated amount paid by Tenant to Landlord in accordance with the foregoing, then Tenant shall pay such deficiency to Landlord with the next due installment of Rent after receipt by Tenant of the detailed statement from Landlord hereinafter described; it being agreed that in the event Tenant's ’s Percentage Share of estimated Taxes pursuant to Section 6.2 and Tenant's share the actual Common Area Costs for any respective Lease Year of estimated insurance pursuant to Sections 9.1(b) and 9.3(a) based either on (a) the Lease Term is less than the amount paid therefor by Tenant, then such excess amount shall be taken as a credit by Tenant against the next installments of Rent due to Landlord hereunder until such expenses actually incurred for the billing periodamount has been fully refunded, or (b) equal periodic installments which have been estimated in advance by Landlord for a particular calendar yearshall furnish to Tenant, in which event within sixty (60) days after the close of each calendar yearyear during the Lease Term, Landlord shall furnish Tenant with a reasonably detailed statement (“prepared in accordance with generally accepted accounting principles and certified as true and accurate by an authorized member of Landlord’s Operating Statement”) showing in reasonable detail: (i) of the actual Common Area Costs, Taxes, and insurance for Costs incurred during the previous calendar year; year (iiafter the Commencement Date) and the methodology employed (including all appropriate figures and supporting documentation and invoices) in determining Tenant’s Percentage Share thereof. Landlord shall keep good and accurate books and records in accordance with generally accepted accounting principles concerning the operation, maintenance and repair of the actual Common Areas, and Tenant and its agents shall have the right, upon at least thirty (30) days’ notice, to audit, inspect and copy such books and records for the prior two (2) Lease Years. Landlord shall promptly pay Tenant all Common Area Costs, Taxes, and insurance for the previous calendar year; and (iii) the total sum of Tenant’s Share payments of the estimated Common Area Costs, Taxes, and insurance for the previous calendar year. If Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for a calendar exceeds the amount of Tenant’s Share of the estimated Common Area Costs, Taxes, and insurance actually paid Costs shown by Tenant for that calendar year, then Tenant shall immediately pay such deficiency audit to Landlord within ten (10) days after receipt of the Landlord’s Operating Statement. If Tenant’s Share of the estimated Common Area Costs, Taxes, and insurance for a calendar year exceeds Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for that calendar year, then the excess shall be credited against Tenant’s share of future Common Area Costs, Taxes, and insurance. In no event shall Tenant be relieved of its obligation to pay Tenant’s Share of Common Area Costs, Taxes, and insurance if Landlord is late in sending Landlord’s Operating Statement to overpaid by Tenant.

Tenant’s Contribution. Tenant's share From and after the Commencement Date of Common Area Costs ("Tenant's Share") shall be calculated as this Lease, and during the ratio which Tenant's Floor Area specified in Paragraph F of the BLPentire Lease term and any Extended Term(s), bears to the total Floor Area then built in the Shopping Center described in Paragraph E of the BLP. Tenant shall pay to Landlord on a monthly basis, according to the terms of the BLP, at the same time(s) and in the same manner(s) as Tenant pays its monthly installments of with Fixed Minimum Rent on the first day of each month (subject to Landlord3 day grace period), Tenant's Share ’s pro rata share of the amount of all Common Area Costs together with Tenant's Share of estimated Taxes pursuant to Section 6.2 and Tenant's share of estimated insurance pursuant to Sections 9.1(b) and 9.3(a) Expenses based either on on, at Landlord’s election, either: (a) the amount of such expenses actually incurred for during the billing period, ; or (b) equal periodic installments which have been estimated in advance by Landlord for a particular calendar yearperiod. Landlord may revise such estimates upward or downward at any time without prior notice to Tenant. If Landlord elects to xxxx Tenant based upon estimates, in which event Landlord shall, within sixty (60) days after each the end of the calendar year, Landlord shall furnish or as soon thereafter as possible, forward to Tenant with a written statement (the “Landlord’s Operating Statementannual reconciliation statement”) showing in reasonable detail: (i) which adjusts the estimated expenses to reflect the actual Common Area Costs, Taxes, and insurance expenses incurred for the previous calendar year; (ii) Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for the previous calendar year; and (iii) the total sum of Tenant’s Share payments of the estimated Common Area Costs, Taxes, and insurance for the previous calendar such year. If Tenant’s Share of the annual reconciliation statement shows the actual Common Area Costs, Taxes, and insurance for a calendar exceeds the amount of Tenant’s Share of expenses to have exceeded the estimated Common Area Costs, Taxes, and insurance actually paid by Tenant for that calendar yearexpenses, then Tenant shall immediately pay such deficiency to Landlord within ten (10) days after receipt of the Landlord’s Operating Statement. If Tenant’s Share of the estimated Common Area Costs, Taxes, and insurance for a calendar year exceeds Tenant’s Share of the actual Common Area Costs, Taxes, and insurance for that calendar year, then the excess shall be credited against Tenant’s share of future Common Area Costssuch additional amount shall be paid by Tenant to Landlord within thirty (30) days of receipt of the annual reconciliation statement; if the annual reconciliation statement shows the actual expenses to have been less than the estimated expenses, Taxes, and insurance. In no event Landlord shall Tenant be relieved of its obligation to pay credit Tenant’s Share of Common Area Costsshare against the sums next due hereunder from Tenant to Landlord (or against any outstanding sums then due). Tenant’s pro rata share shall be equal to the ratio which Tenant’s rentable ground floor area bears to the total rentable ground floor area which has the benefit of, Taxesor participates in, and insurance if Landlord the expense(s) or service(s) for which Tenant is late in sending Landlord’s Operating Statement to Tenantbeing charged.