Common use of Tenant’s Obligation to Pay Clause in Contracts

Tenant’s Obligation to Pay. a Pro Rata Portion of the Operating Expenses of the Building. Commencing on the Commencement Date, and on the first day of each month thereafter during the Term of this Lease, as an additional charge, Tenant must pay to Landlord Tenant’s estimated pro rata share of the Building’s estimated Operating Expenses for the current calendar year, based upon the actual Operating Expenses for the prior calendar year in the manner of payment for the base rent described in Section 4.1 above. On or before March 1 of each year during the Term of this Lease, beginning with the Commencement Date, Landlord shall provide Tenant with documentation which demonstrates the Building’s actual Operating Expense for the prior calendar year, along with a calculation of the difference between Tenant’s estimated pro rata Operating Expense payments for such calendar year and the Tenant’s actual pro rata share of the Operating Expense for that calendar year. In the event of an underpayment, Tenant shall pay the difference to Landlord or Landlord shall refund the overpayment to Tenant. Notwithstanding the foregoing, if Landlord does not supply said documentation within one hundred eighty (180) days after the end of each calendar year, Landlord shall have forfeited its opportunity to seek reimbursement from Tenant for any underpayment such documentation subsequently reveals, however such limitation does not act to waive Landlord’s duty to supply Tenant with said documentation within a reasonable time thereafter. In addition, Tenant shall have the right, at its own cost to audit Landlord’s records of Operating Expenses within forty- five (45) days of receipt of said documentation and shall recover a reimbursement for any expenses improperly accounted for and included in Operating Expenses. In the event such audit reveals discrepancies which in the aggregate amount to more than ten percent (10%) different than that previously reported by Landlord, then Landlord shall reimburse Tenant for all reasonable costs associated with conducting said audit.

Tenant’s Obligation to Pay. a Pro Rata Portion Tenant shall pay in the manner and within the time specified within Subsection 6.2E Tenant's Proportionate Share (defined and calculated as provided in Subsection 1.2M) of any Real Estate Taxes which become due and payable upon the Shopping Center during each Lease Year included within the period commencing with the Commencement Date and ending with the expiration of the Operating Expenses of the Building. Commencing on the Commencement Date, initial and on the first day of each month thereafter during the Term any extension term or terms of this Lease, as . As an additional charge, Tenant must alternative to calculation of Tenant's obligation to pay to Landlord Tenant’s estimated pro rata its fair share of the Building’s estimated Operating Expenses for the current calendar year, Real Estate Taxes based upon the actual Operating Expenses for the prior calendar year definition contained in the manner of payment for the base rent described in Section 4.1 above. On or before March 1 of each year during the Term of this Lease, beginning with the Commencement DateSubsection 1.2M, Landlord may propose an allocation of Real Estate Taxes which become due and payable upon the Shopping Center and Tenant shall provide Tenant with documentation which pay its share of such Real Estate Taxes as allocated by Landlord so long as Landlord demonstrates to Tenant's reasonable satisfaction that the Building’s actual Operating Expense for allocations made by Landlord of such Real Estate Taxes to the prior calendar year, along with a calculation various components of the difference between Tenant’s estimated pro rata Operating Expense payments for Shopping Center are fair and reasonable and are based upon the information used by the tax assessor (including assessors' work sheets or such calendar year and other information as may be reasonably available to Landlord) establishing the Tenant’s actual pro rata share amount of the Operating Expense for that calendar yearsuch Real Estate Taxes. In the event of an underpaymentIf this alternative calculation is used, Tenant shall pay (i) one hundred percent (100%) of all Real Estate Taxes fairly allocable to the difference Building; (ii) one hundred percent (100%) of all Real Estate Taxes fairly allocable to Landlord or Landlord shall refund the overpayment land immediately beneath the Building and all areas that Tenant has the exclusive right to use; (iii) Tenant's Proportionate Share of Real Estate Taxes fairly allocable to the land and improvements that are within the Common Area that are not devoted to the exclusive use of any other tenant of the Shopping Center and are not within the Shop Pads. Notwithstanding Should the County Assessor establish a separate tax parcel containing the Premises and an equitable portion of the Common Area, and thereafter separately assess taxes applicable to such parcel and the improvements located thereon, then notwithstanding the foregoing, if either Landlord does not supply said documentation within one hundred eighty (180) days after or Tenant may elect that Tenant's share of Real Estate Taxes shall be the end taxes allocated by the County Assessor to such tax parcel provided Landlord and Tenant have each approved the boundaries established for the tax parcel as constituting an equitable division of each calendar year, Landlord shall have forfeited its opportunity to seek reimbursement from Tenant the Shopping Center for any underpayment such documentation subsequently reveals, however such limitation does not act to waive Landlord’s duty to supply Tenant with said documentation within a reasonable time thereafterReal Estate Tax purposes. In additionNotwithstanding anything contained herein, Tenant shall have not be obligated to pay any Real Estate Taxes allocable to the rightShop Pads or any other buildings and the land immediately beneath them that are within the Shopping Center which are reserved to the exclusive use of Landlord or any other party. Should Landlord and Tenant be unable to reach agreement as to the fair share of Real Estate Taxes required to be paid by Tenant, at its own cost to audit Landlord’s records of Operating Expenses either Landlord or Tenant may require that the matter be determined by arbitration as provided for within forty- five (45) days of receipt of said documentation and shall recover a reimbursement for any expenses improperly accounted for and included in Operating Expenses. In the event such audit reveals discrepancies which in the aggregate amount to more than ten percent (10%) different than that previously reported by Landlord, then Landlord shall reimburse Tenant for all reasonable costs associated with conducting said auditSection 20.6.