Common use of TENANT'S PRO RATA SHARE OF EXPENSES Clause in Contracts

TENANT'S PRO RATA SHARE OF EXPENSES. Tenant agrees to pay, in addition to the rental set forth in Article II of this Lease, a proportionate share of the costs, expenses, and other charges incurred in connection with the operation, maintenance and repair of the Common Areas of the Industrial Park and shall include, but not be limited to, the costs and expenses of the following: maintenance of the common areas including policing and security protection: repair and replacement of paving, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems (including bulbs and poles); painting of the building; maintenance and repair of the roof, to the sum of which shall be added an amount equal to ten (10%) percent thereof in payment of all of Landlord's administrative costs. The proportionate share to be paid by Tenant shall be computed on the basis that the total floor area of the herein Demised Premises bears to the total floor area of the Industrial Park as determined at the beginning of each calendar quarter. Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in this Section 3.03, and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate of Tenant's installments during the calendar year shall be less than the amount of the obligations due from Tenant, such deficiency shall be paid to Landlord within fifteen (15) days after demand therefor. If there shall have been an overpayment by Tenant, Tenant shall be given credit toward the next due payment of its share of expenses.

TENANT'S PRO RATA SHARE OF EXPENSES. A. Tenant agrees to paypay to Landlord, as additional rental, and in addition to the rental set forth in Article II of this Leasemanner hereinafter provided, a but not more often than once each calendar month, Tenant's proportionate share (43%) of all increased costs and expenses of every kind and nature or incurred by Landlord which exceed those costs incurred by Landlord during the base year of the costsLease Agreement in operating, expensesequipping, policing arid protecting, lighting, heating, insuring, repairing, replacing and other charges incurred in connection with maintaining the operation, maintenance and repair common areas of the Common Areas Project including the cost of insuring all property provided by Landlord which may at any the Industrial Park comprise the Project. Such costs and expenses shall include, but not be limited to, the costs and expenses of the following: maintenance of the common areas including policing and security protection: repair and replacement of pavingillumination, maintenance, cleaning, lighting, snow removal, line painting, sidewalksparking lot sealing amid landscaping; gardening; planting; premiums for liability and property maintenance; personal property taxes and supplies, planter boxes if any; paid and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems (including bulbs and poles); painting of the building; maintenance and repair of the roof, to the sum of which shall be added an amount equal to ten Tenant's proportionate share of forty-three (1043%) percent thereof in payment of the total of all of the foregoing costs and expense to cover Landlord's administrative costs. For the purpose hereof, any charges for utilities contained in the foregoing costs and expenses shall be at the same rates as the rates for comparable service from the applicable utility company serving the area in which the Project is located. The proportionate share to be paid by Tenant shall be computed on the basis that the total number of square feet of floor area of in the herein Demised Leased Premises bears to the total number of square feet of constructed gross leasable floor area of in the Industrial Park as determined at Project. B. Landlord reserves the beginning right to xxxx Tenant monthly, quarterly, semi-annually or annually. Within ninety (90) days after the end of each calendar quarteryear, Landlord shall furnish Tenant with a statement of the annual amount of Tenant's proportionate share of such increased costs arid expenses for such period. Landlord will estimate If the obligations anticipated to be required to be total amount paid by Tenant to Landlord as provided in under this Section 3.03, and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate of Tenant's installments during the any calendar year shall be less than the actual increased amount of over base year due to Tenant for such year as shown on such statement, Tenant shall pay to Landlord the obligations difference between the amount paid by Tenant and the actual amount due from Tenant, such deficiency shall to be paid to Landlord within fifteen seven (157) days after demand thereforthe furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section. If there Landlord's and Tenant's obligations under this section and elsewhere under this Lease shall survive the expiration of the term of this lease. C. Landlord represents that the leased premises have been an overpayment by Tenant, Tenant shall be given credit toward fully assessed for the next due payment of its share of expensesyear 2001.

TENANT'S PRO RATA SHARE OF EXPENSES. Tenant agrees to paypay Landlord as part of the Shared Expenses, in addition to the rental set forth in Article II of this Lease, a Tenant's proportionate share of all costs and expenses of every kind and nature paid or incurred by Landlord in operating, equipping, policing and protecting, lighting, heating, insuring, repairing, replacing and maintaining the costs, expenses, and other charges incurred in connection with the operation, maintenance and repair common areas of the Common Areas Shopping Center including the cost of insuring all property provided by Landlord which may at any time comprise the Industrial Park Shopping Center. Such costs and expenses shall include, but not be limited to, illumination and maintenance of Shopping Center signs, whether located on or off the costs Shopping Center site; cleaning, lighting, striping and expenses landscaping; premiums for liability and property insurance; personal property taxes; supplies, holiday decorations; pre-opening costs; the cost of maintenance and replacement of equipment supplying music to the following: common areas; the reasonable depreciation of maintenance equipment used in the operation and maintenance of the common areas including policing and security protection: repair project areas; contribution for amortization of the cost of all capital investment items which are primarily for the purposes of increasing the operating efficiency of any portion of the Premises, reducing the Shared Expenses or attempting to satisfy what may be required by any governmental authority; total compensation and replacement of paving, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems benefits (including bulbs premiums for workmen's compensation and poles); painting other insurance) paid to or on behalf of employees involved in the performance of the building; work specified in this Section. Included in the costs of such common area maintenance shall be a management fee paid by or to Landlord, provided such fee does not exceed the market rates for such services. For the purpose hereof, any charges for utilities contained in the foregoing costs and repair expenses shall be at the same rates as the rates for comparable service from the applicable utility company serving the area in which the Shopping Center is located. Within ninety (90) days after the end of each Lease Year or partial Lease Year, Landlord shall furnish Tenant with a statement of the roof, to the sum actual amount of which shall be added an amount equal to ten (10%) percent thereof in payment of all of LandlordTenant's administrative costs. The proportionate share to be of such costs and expenses for such period. If the total amount paid by Tenant shall be computed on the basis that the total floor area of the herein Demised Premises bears to the total floor area of the Industrial Park as determined at the beginning of each calendar quarter. Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in under this Section 3.03, and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate of Tenant's installments during the any calendar year shall be less than the actual amount of the obligations due from TenantTenant for such year as shown on such statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency shall to be paid to Landlord within fifteen ten (1510) days after demand thereforthe furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section. If there The foregoing notwithstanding, Landlord's operating expenses shall have been an overpayment be reasonable; that is, the charges for the cost of operating the building, the cost of equipment, salaries, the cost of common area maintenance and related operating expenses shall be comparable on a square foot basis to those costs and expenses incurred by Tenantsimilar shopping centers in the subject market area. With respect to each calendar month falling wholly within the term of this Lease, Tenant shall be given credit toward pay in advance, on the next due payment first of its the month, one-twelfth (1/12) of Tenant's estimated annual pro-rata share of such costs and expenses, which costs and expenses, as aforesaid, comprise a portion of the Shared Expenses.

TENANT'S PRO RATA SHARE OF EXPENSES. In addition to the Annual Base Rent payable under Section 5.1 hereof, Tenant agrees to pay, in addition to pay monthly throughout the rental set forth in Article II term of this Lease, a proportionate share as Additional Rent, Tenant’s Pro Rata Share of all reasonable costs of operation, maintenance, administration, repairs and replacements of the Common Areas, Building and Site including, but not limited to, Common Utility Costs, Expenses, Taxes and Insurance Costs. Expenses shall mean all costs of operation, maintenance, repair and replacement of the Common Areas, Building, building components, and improvements (including any future building and improvements) located on the Site, including, but not limited to, the roof and four outer walls, walks, landscaping, plumbing system, electrical system, heating, ventilating and air conditioning system, storm sewers, sanitary sewers and water main, and shall include the following costs by way of illustration, but not limitation: repairs to the building(s), walks, or any other improvements on the land; ; license, permit and inspection fees; grounds care costs, expensesincluding snow removal, landscaping and lawn, tree and shrubbery care; labor; supplies; materials; equipment; tools; insurance premiums; and all costs of maintenance and redecoration of the exterior of the building(s), including repainting and glazing; trash and garbage collection services, if provided by Landlord (collectively “Expenses”); provided, however, such Expenses shall exclude the cost of repairs required to be made by Tenant. In addition, an amount equal to fifteen (15%) percent of the total of the Expenses, and the Tenant’s Pro Rata Share of Common Utility Costs under Section 6 hereof, Taxes under Section 8 hereof, and Insurance Costs under Section 13 hereof to cover Landlord’s administration costs shall be paid by Tenant in accordance with Section 7.3. In determining the foregoing costs, any such cost attributable to periods prior to the Commencement Date or subsequent to the Termination Date shall be prorated. Any capital improvements shall be amortized over the useful life of such capital improvements. The following items shall also be specifically excluded from such Common Area costs: (a) Leasing commissions, fees and costs, advertising and promotional expenses and other charges costs incurred in procuring tenants or in selling the Building; (b) Legal fees except those incurred directly in connection with Landlord’s operation and maintenance of the Building; (c) Costs of renovating or otherwise improving or decorating space for any tenant or other occupant of the Building, or relocating any tenant; (d) Financing costs including interest and principal amortization of debts and the costs of providing the same; (e) Depreciation; (f) Rental on ground leases or other underlying leases and the costs of providing the same; (g) Wages, bonuses and other compensation of employees above the grade of building manager, and fringe benefits other than insurance plans and tax-qualified benefit plans; (h) Any liabilities, costs or expenses associated with or incurred in connection with the removal, enclosure, encapsulation or other handling of asbestos or other hazardous or toxic materials or substances and the cost of defending against claims in regard to the existence or release of Hazardous Substances or materials at the Building (except with respect to those costs for which Tenant is otherwise responsible pursuant to the express terms of this Lease); (i) Costs of any items for which Landlord is or is entitled to be paid or reimbursed by insurance; (j) Increased insurance or Taxes assessed specifically to any other tenant of the Building for which Landlord is entitled to reimbursement from any other tenant; (k) Charges for electricity, water, or other utilities, services or goods and applicable taxes for which Tenant or any other tenant, occupant, person or other party is obligated to reimburse Landlord or to pay to third parties; (l) Cost of any HVAC, janitorial or other services provided to tenants on an extra cost basis after regular business hours; (m) Cost of installing, operating and maintaining any specialty service, such as an observatory, broadcasting facilities, child or daycare, luncheon club or athletic or recreation club; (n) Cost of correcting defects in the design, construction or latent defects in, Building; (o) Cost of any work or service performed on an extra cost basis for any tenant in the Building to a materially greater extent or in a materially more favorable manner than furnished generally to the tenants and other occupants; (p) Cost of any work or services performed for any facility other than the Building; (q) Any cost representing an amount paid to a person, firm, corporation or other entity related to Landlord that is in excess of the amount which would have been paid in the absence of such relationship; (r) Any cost of painting or decorating any interior parts of the Building other than Common Areas; (s) Costs of revamping all light fixtures in non-public areas of the Building including, without limitation, labor and materials for light tubes, bulbs, starters, ballasts and their equivalents; (t) Any cost associated with operating an on-or off-site management office for the Building; (u) Landlord’s general overhead and any other expense not directly attributable to operation and management of the Building (e.g., the activities of Landlord’s officers and executives or professional development expenditures); (v) Cost of initial cleaning and rubbish removal from the Building to be performed before final completion of the base building or tenant space; (w) Cost of initial landscaping of the Building; (x) Costs of any mitigation fees, impact fees, subsidies, tap-in fees, connection fees or similar one time charges or costs (however characterized), imposed or incurred in connection with undertaking the initial development of the Building or any expansion thereof; (y) Any fees, costs or expenditures incurred in connection with negotiations, disputes and claims of other tenants or occupants of the Building; (z) Cost of the initial start-up stock of tools and equipment for operation, maintenance repair and repair of the Common Areas of the Industrial Park and shall include, but not be limited to, the costs and expenses of the following: maintenance of the common areas including policing and security protection: repair and replacement of paving, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems Building; (including bulbs and poles); painting of the building; maintenance and repair of the roof, aa) Late fees or charges incurred by Landlord due to the sum of which shall be added an amount equal to ten (10%) percent thereof in late payment of all expenses; (bb) Cost of acquiring, securing, cleaning or maintaining extraordinary sculptures, paintings and other excessive works of art; (cc) Income, excess profits, franchise, capital stock, estate and inheritance Taxes on Landlord's administrative costs. The proportionate share to be paid by Tenant shall be computed on the basis that the total floor area of the herein Demised Premises bears to the total floor area of the Industrial Park as determined at the beginning of each calendar quarter. Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in this Section 3.03, ’s business; (dd) Costs and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made expenses incurred in connection with the operation any fines or settlements related to Landlord’s violation of laws (this shall not exclude fire or other compliance inspections and maintenance herein described. In the event that the aggregate of Tenant's installments during the calendar year shall be less than the amount of the obligations due from tests); (ee) Direct costs or allocable costs (such as Taxes) associated with parking operations if there is a separate charge to Tenant, such deficiency other tenants or the public for parking; (ff) Charitable or political contributions; (gg) Costs related to public transportation, transit or van pools; (hh) All other items for which another party compensates or pays so that Landlord shall be paid not recover any item of cost more than once; and (ii) All fines for failure to Landlord within fifteen (15) days after demand therefor. If there shall have been an overpayment by Tenant, Tenant shall be given credit toward the next due payment of its share of expensescomply with specific legal requirements.

TENANT'S PRO RATA SHARE OF EXPENSES. (a) Tenant agrees to paypay to Landlord in the manner hereinafter provided, in addition to the rental set forth in Article II of this Leasebut not more often than once each calendar month, a Tenant's proportionate share of the costsall costs and expenses of every kind and nature paid or incurred by Landlord in operating, expensesmanaging, equipping, lighting, heating, air conditioning, providing sanitation and sewer and other charges incurred services, providing a music and public address system, insuring, repairing, replacing and maintaining the (i) common areas; (ii) foundation, exterior walls and roofs within the Shopping Center; (iii) all other areas, facilities and buildings used in connection with the operation, maintenance and repair and/or operation of the Common Areas of regional development whether located on or off the Industrial Park regional development and such costs and expenses shall include, include but not be limited to, to the costs and expenses of described in the following: maintenance of the common areas including policing attached Exhibit "E" and security protection: repair and replacement of paving, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems (including bulbs and poles); painting of the building; maintenance and repair of the roof, to the sum of which shall be added an amount equal to ten fifteen percent (1015 %) percent thereof in payment of the total of all of the foregoing costs and expenses as Landlord's administrative costsfee. Services performed may be by Landlord or related companies or by third party contractors. The Tenant's proportionate share to be paid by Tenant shall be a fraction computed on the basis that the total square footage of floor area of in the herein Demised Premises leased premises bears to the total square footage of constructed gross leased and occupied floor area in the Shopping Center. The gross leased and occupied floor area in effect for the whole of any lease year or partial lease year shall be the average of the Industrial Park as determined at gross leased and occupied floor area in effect on the beginning first day of each calendar quartermonth in such lease year or partial lease year. Landlord will estimate Prior to the obligations anticipated to be required to be paid by Tenant to Landlord proration and determination of Tenant's proportionate share of the foregoing costs and expenses as provided in this Section 3.03Section, there shall be deducted from the total thereof all amounts paid to Landlord by any Major Tenant toward such cost and Tenant expenses. SEE ATTACHED RIDER FOR INSERTS (b) Tenant's proportionate share of such costs and expenses for each calendar year and partial calendar year shall pay 1/12 thereof be paid in equal monthly installmentsinstallments of the first (1st) day of each calendar month, together with in advance, in an amount estimated by Landlord from time to time in the payment same manner as the monthly installments of minimum annual rentMinimum Rent are payable hereunder without deduction offset or diminution of any kind. If requested by TenantSubsequent to the end of each calendar yeas, Landlord shall submit furnish Tenant with a statement showing in reasonable detail for of the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate actual amount of Tenant's installments during proportion share of such costs and expenses for such period. If the total amount paid by Tenant under this section for any calendar year shall be less than the actual amount of the obligations due from TenantTenant for such year as shown on such statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency shall to be paid to Landlord within fifteen thirty (1530) days after demand therefor. If there the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall have been an overpayment by Tenantexceed such actual amount due from tenant for such calendar year, Tenant such excess shall be given credit toward credited against the next installment due payment of its share of expensesfrom Tenant to Landlord under this Section 8.02.

TENANT'S PRO RATA SHARE OF EXPENSES. Tenant agrees to pay, in addition to the rental set forth in Article II 11 of this Lease, a proportionate share of the costs, . expenses, and other charges incurred in connection with the operation, maintenance and repair of the Common Areas of the Industrial Park and shall include, but not be limited to, the costs and expenses of the following: maintenance of the common areas including policing and security protection: ; repair and replacement of paving, line painting, sidewalks, planter boxes and entrance canopies, curbs, walkways, landscaping, sprinkler systems, sanitary and storm drainage systems, including retention ponds, water systems, dumpster enclosures and lighting systems (including bulbs and poles); painting of the building; maintenance and repair of the roof, to the sum of which shall be added an amount equal to ten (10%) percent thereof in payment of all of Landlord's administrative costs. The proportionate share to be paid by Tenant shall be computed on the basis that the total floor area of the herein Demised Premises bears to the total floor area of the Industrial Park as determined at the beginning of each calendar quarter. Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in this Section 3.03, and Tenant shall pay 1/12 thereof in equal monthly installments, together with the payment of minimum annual rent. If requested by Tenant, Landlord shall submit a statement showing in reasonable detail for the period in question, all disbursements made in connection with the operation and maintenance herein described. In the event that the aggregate of Tenant's installments during the calendar year shall be less than the amount of the obligations due from Tenant, such deficiency shall be paid to Landlord within fifteen (15) days after demand therefor. If there shall have been an overpayment by Tenant, Tenant shall be given credit toward towards the next due payment of its share of expenses.