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

TENANT'S PRO RATA SHARE OF EXPENSES. 10.03. (a) Tenant agrees to pay to Landlord in the manner hereinafter provided, but not more often than once each calendar month, Tenant's proportionate share of: (1) all cost and expenses of every kind and nature paid or incurred by Landlord in operating, equipping, lighting, providing sanitation and sewer and other services, repairing, replacing and maintaining the (i) common areas, and (ii) all other areas, facilities and buildings, retention ponds (if applicable), and any and all facilities and improvements, which are used in connection with maintenance and/or operation of the building of which the Leased Premises are a part; such cost and expenses shall include, but shall not be limited to, the full cost of: illumination and maintenance of signs, refuse disposal, water, gas, sewage, electricity and other utilities (without limitation), including any and all usage, service, hook up, connection, availability and/or standby fees or charges pertaining to same; cleaning, lighting, striping and landscaping; curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, pipes and canals located on or adjacent to the building; premiums for liability, casualty, and property insurance; personal property taxes; licensing fees and taxes; real estate taxes and assessments and substitutions and replacements thereof levied or assessed by municipal, county, state, federal or other taxing or assessing authority upon, against or with respect to the common areas and/or the land thereunder and the land on which the building is located, and all property; cost, lease payment or depreciation of any equipment used in the operation or maintenance of the common areas; (2) an amount equal to ten percent (10%) of the total of all of the foregoing costs and expenses, to compensate Landlord for administration and management services. The proportionate share to be paid by Tenant shall be that portion of the foregoing costs and expenses which the number of square feet of floor area in the Leased Premises bears to the total number of square feet of leased floor area of the building of which the Leased Premises are a part as determined solely by Landlord.

TENANT'S PRO RATA SHARE OF EXPENSES. 10.03. (a) Tenant agrees to pay to Landlord in the manner hereinafter provided, but not more often than once each calendar month, month Tenant's proportionate share of: (1) all cost costs and expenses of every kind and nature paid or incurred by Landlord in operating, equipping, policing and protecting, lighting, heating, air conditioning, providing sanitation and sewer and other services, providing a music and public address system, insuring (including self-insurance and the payment of deductible amounts under insurance policies), repairing, replacing and maintaining the (i) the common areas, areas and (ii) all buildings and roofs within the Shopping Center and (iii) all other areas, facilities and buildings, including project offices, parking facilities, vertical transportation facilities, retention ponds (if applicable), and any and all facilities and improvementsimprovements connecting the regional retail development to off-site buildings or areas, which are used in connection with the maintenance and/or operation of of, and whether located within or outside of, the building of which the Leased Premises are a partregional retail development (hereinafter collectively referred to as "project areas"); such cost costs and expenses shall include, but shall not be limited to, the full cost of: illumination and maintenance of regional retail development signs, whether located on or off the regional retail development; holiday and seasonal lighting, decorations and displays; refuse disposal, water, gas, sewage, electricity and other utilities (without limitation), including any and all usage, service, hook hook-up, connection, availability and/or standby fees or charges pertaining to same, and including all costs associated with the provision, maintenance and operation of any central telephone service for the regional retail development; the operation, maintenance, repair and replacement of all or any part of the parking facilities; snow removal; maintenance, operation, repair and replacement of any and all roads (temporary or otherwise) servicing the regional retail development, including, without limitation, any landscaping or other work related to such roads; maintenance and operation of any temporary or permanent utility, including a sewage disposal system, within or without the regional retail development, built, operated and/or maintained for the specific purpose of servicing the regional retail development, together with hook up or connection fees and service charges; compliance with laws, rules, regulations and orders of governmental authorities; maintenance for wooded areas, retention ponds, lakes and shoreline areas (if applicable); cleaning, lighting, striping and landscaping; curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, pipes and canals located on or adjacent to the buildingregional retail development; premiums for and all other costs with respect to liability, casualty, and property insurance, and compliance with insurance requirements; personal property taxes; licensing fees and taxes; audit fees and expenses; supplies; the cost and expense of supplying music to the regional retail development; all costs and expenses of enforcing the rules and regulations established by Landlord for the Shopping Center and handling of claims or other matters arising from the operation of the regional retail development; real estate taxes and assessments and substitutions and replacements thereof levied or assessed by municipal, county, state, federal or other taxing or assessing authority upon, against or with respect to the common areas, the project areas and/or the land thereunder and the land on which the building is Shopping Center buildings are located, and all property (including any land upon which may be located any temporary or permanent utility, including a sewage disposal system, within or without the regional retail development built, operated and/or maintained for the purpose of servicing the regional retail development) provided by Landlord which may at any time comprise or serve the Shopping Center, whether located on or off the site of the Shopping Center, irrespective of whether the same is taxed or assessed as real or personal property; cost, lease payment or depreciation of any equipment equipment, improvements or facilities used in the operation or maintenance of the common areas or project areas, including, without limitation, any imputed interest as may be applicable to costs paid or incurred by Landlord the full amount of which is not included under this Section 8.03 in the year so paid or incurred, and including any interest or other expense associated with any loans obtained by Landlord with respect to any cost or expense included or includable hereunder, including any portion of the long- term debt on the Shopping Center which has been incurred for such purposes; total compensation and benefits (including premiums for workers' compensation or any other insurance or other retirement or employee benefits, and including all costs incurred in providing such benefits) paid to or on behalf of employees involved in the performance of the work specified in this Section 8.03 or employees otherwise providing services to tenants or customers of the Shopping Center; and (2) an amount equal to ten fifteen percent (1015%) of the total of all of the foregoing costs and expenses for the regional retail development. There shall be excluded from the foregoing costs and expenses the following: (i) ground rent or other rental payments made under any ground lease or other underlying lease; (ii) cost of painting or redecorating individual tenants' spaces; (iii) leasing commissions, legal expenses, architectural fees, and other expenses incurred in connection with obtaining tenants for the Shopping Center or with respect to compensate existing tenants of the Shopping Center, provided that legal and other expenses shall be included in costs and expenses payable by Tenant pursuant to this Section 8.03 to the extent they relate to the common areas; (iv) tenant allowances, concessions, and other costs and expenses incurred in completing, fixturing, furnishing, renovating or otherwise improving, decorating or redecorating space for individual tenants (including Tenant), prospective tenants or other occupants or prospective occupants of the Shopping Center; (v) salaries, wages, or other compensation paid to employees of Landlord who are not assigned to the operation, management, maintenance or repair of the regional retail development (other than the fifteen percent [15%] administrative fee), provided that such expenses shall be includable in costs and expenses charged to Tenant under this Section 8.03 to the extent any employees are so assigned to the operation, management, maintenance or repair of the regional retail development; (vi) fines or penalties due to the violation by Landlord of any applicable law; (vii) any cost or expense for administration which Landlord actually receives reimbursement from insurance, condemnation awards, other tenants (other than as reimbursement for operating expenses) or any other source (other than reimbursement of operating expenses); (viii) costs incurred in connection with disputes with other tenants or occupants of the regional retail development, or prospective tenants of the regional retail development, except to the extent such disputes relate to the common areas; (ix) closing costs incurred in connection with the sale, financing, refinancing, or mortgaging of the Shopping Center; and management services(x) costs, fines, interest, penalties, legal fees or costs of litigation incurred due to the late payment of taxes and utility bills. In no event shall Tenant be obligated for the capital costs of initially constructing the buildings in the regional retail development or the capital costs of subsequent expansion construction for the regional retail development (i.e., adding new department stores to the development or expanding the Shopping ----- Center or the common areas). In addition, Tenant shall not be charged for both the capital costs of replacing a particular item as well as the depreciation of such item (i.e., Tenant may be charged either for the replacement cost of such ---- item or for the depreciation of the same item, but not both, and the method of charging such a particular item to Tenant shall not prejudice Landlord's ability to charge future costs associated with replacing such item either on the basis of lump-sum replacement costs or on the basis of depreciation or amortization of such costs). The proportionate share to be paid by Tenant shall be that portion of the foregoing costs and expenses which the number of square feet of floor area in the Leased Premises leased premises bears to the total number of square feet of gross leased and occupied floor area of all buildings in the building Shopping Center abutting on the enclosed Mall. The gross leased and occupied floor area in effect for the whole of which any lease year shall be the Leased Premises are a part as determined solely by Landlordaverage of the gross leased and occupied floor area in effect on the first day of each calendar month in such lease year.

TENANT'S PRO RATA SHARE OF EXPENSES. 10.03. (a) Tenant agrees to pay to Landlord in the manner hereinafter provided, but not more often than once each calendar month, month Tenant's proportionate share of: sharr, of (1) all cost costs and expenses of expensxx xx every kind and nature paid or incurred by Landlord in operating, equipping, policing and protecting, lighting, heating, air conditioning, providing sanitation and sewer and other services, providing a music and public address system, insuring ~ sel f-insurance and the payment of deductible amounts under insurance policies), repairing, replacing and maintaining the (i) the common areas, areas and (ii) all bui~'~gs and roofs within the Shopxxxg Center and (iii) all other areas, facilities and buildings, including project offices, parking facilities, vertical transportation facil;~ies, retention ponds (if applicable), and any and all facilities and improvementsimprovements connecting the regional retail development to off-site buildings or areas, which are used in connection with the maintenance and/or operation of of, and whether located within or outside of, the building of which the Leased Premises are a part; regional retail development ~ereinafter collectively referred to as 'project areas"), such cost costs and expenses shall include, but shall not be limited to, the full cost of: illumination and maintenance of regional retail development signs, whether located on or off the regional retail development; holiday and seasonal lighting, decorations and displays; refuse disposal, water, gas, sewage, electricity and other utilities (without limitation), including any and all usage, service, hook hook-up, connection, availability and/or standby fees or charges pertaining to same, and including all costs associated with the provision, maintenance and operation of any central telephone service for the regional retail development; the operation, maintenance, repair and replacement of all or any part of the parking facilities; snow removal, maintenance, operation, repair and replacement of any and all roads (temporary or otherwise) servicing the regional retail development, including, without limitation, any landscaping or other work related to such roads, maintenance and operation of any temporary or permanent utility, including a sewage disposal system, within or without the regional retail development, built, operated and/or maintained for the specific purpose of servicing the regional retail development, together with hook up or connection fees and service charges; compliance with laws, rules, regulations and orders of governmental authorities; maintenance for wooded areas, retention ponds, lakes and shoreline area, (if applicable), cleaning, lighting, striping and landscaping; curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, pipes and canals located on or adjacent to the buildingregional retail development; premiums for and all other costs with respect to liability, casualty, and property insurance, and compliance with insurance requirements; personal property taxes; , licensing fees and taxes; audit fees and expenses; supplies; the cost and expense of supplying music to the regional retail development; all costs and expenses of enforcing the rules and regulations established by Landlord for the Shopping Center and handling of claims or other matters arising from the operation of the regional retail development; real estate taxes and assessments and substitutions and replacements thereof levied or assessed by municipal, county, state, federal or other taxing or assessing authority upon, against or with respect to the common areas, the project areas and/or the land thereunder and the land on which the building is Shopping Center buildings are located, and all property (including any land upon which may be located any temporary or permanent utility, including a sewage disposal system, within or without the regional retail development built, operated and/or maintained for the purpose of servicing the regional retail development) provided by Landlord which may at any time comprise or serve the Shopping Center, whether located on or off the site of the Shopping Center, irrespective of whether the same is taxed or assessed as real or personal property; cost, lease payment or depreciation of any equipment equipment, improvements or facilities used in the operation or maintenance of the common areas or project areas, including, without limitation, any imputed interest as may be applicable to costs paid or incurred by Landlord the full amount of which is not included under this Section 8.03 in the year so paid or incurred, and including any interest or other expense associated with any loans obtained by Landlord with respect to any cost or expense included or includable hereunder, including any portion of the long-term debt on the Shopping Center which has been incurred for such purposes; total compensation and benefits (including_premiums for workers' compensation or any other insurance or other retirement or employee benefits, and including all costs incurred in providing such benefits) paid to or on behalf of employees involved in the performance of the work specified iii this Section 8.03 or employees otherwise providing services to tenants or customers of the Shopping Center; and (2) an amount equal to ten equ~~~fifteen percent (1015%) of the total of all of the foregoing costs and expenses, to compensate Landlord expenses for administration and management servicesthe regional retail development. The proportionate share to be paid by Tenant shall be that portion of the foregoing costs and expenses which the number of square feet of floor area in the Leased Premises leased premises bears to the total number of square feet of gross leased and occupied floor area of all buildings in the building Shopping Center abutting on the enclosed Mall. The gross leased and occupied floor area in effect for the whole of which any lease year shall be the Leased Premises are average of the gross leased and occupied floor area in effect on the first day of each calendar month in such lease year. Tenant's proportionate share of such costs and expenses for each Sr(lt ~ ~ltl(pound)B ~t]13 ~~SEBTS lease year shall be paid in monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord from time to time. Subsequent to the end of each calendar or fiscal lease year (at Landlord's option), Landlord shall furnish Tenant with a part statement of the actual amount of Tenant's proportionate share of such cost and expenses for such ~od.If the total amount paid by Tenant under tills Section for any such year shall be less than the actual amount due fF~~T~nant for such year as determined solely shown on such statement, Tenant shall pay to Landlord the difference between the amount paid by LandlordTenant and the actual amount due, such deficiency to be paid within ten (10) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such year shall exceed such actual amount due from Tenant for such year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section. Land lord may estimate the annual budget and charge the estimated share to the Tenant on a monthly basis subject to revision by Landlord of the budget from time to time and final annual adjustment based upon actual expenses. Neither the provisions of this Section, nor any of the othe~ requirements or restrictions imposed upon Tenant under this Lease, shall excuse Tenant from its obligation to comply with laws and ordinances and other governmental requirements as set forLh in Section 7.02 hereof.

TENANT'S PRO RATA SHARE OF EXPENSES. 10.03. (a) Tenant agrees to pay to Landlord in the manner hereinafter provided, but not more often than once each calendar month, Tenant's proportionate share of: (1) all cost costs and expenses of every kind and nature paid or incurred by Landlord in operating, equipping, policing and protecting, lighting, heating, air conditioning, providing sanitation and sewer and other services, providing a music and public address system, insuring (including self-insurance and the payment of deductible amounts under insurance policies), repairing, replacing and maintaining the (i) the common areas, areas and (ii) all buildings and roofs within the Development and (iii) all other areas, facilities and buildings, including project offices, parking facilities, vertical transportation facilities, retention ponds (if applicable), and any and all facilities and improvementsimprovements connecting the entertainment and retail center to off-site buildings or areas, which are used in connection with the maintenance and/or operation of of, and whether located within or outside of, the building of which the Leased Premises are a partentertainment and retail center (hereinafter collectively referred to as "project areas"); such cost costs and expenses shall include, but shall not be limited to, the full cost of: illumination and maintenance of entertainment and retail center signs, whether located on or off the entertainment and retail center; holiday and seasonal lighting, decorations and displays; refuse disposal, water, gas, sewage, electricity and other utilities (without limitation), including any and all usage, service, hook hook-up, connection, availability and/or standby fees or charges pertaining to same, and including all costs associated with the provision, maintenance and operation of any central telephone service for the entertainment and retail center; the operation, maintenance, repair and replacement of all or any part of the parking facilities; snow removal; maintenance, operation, repair and replacement of any and all roads (temporary or otherwise) servicing the entertainment and retail center, including, without limitation, any landscaping or other work related to such roads; maintenance and operation of any temporary or permanent utility, including a sewage disposal system, within or without the entertainment and retail center, built, operated and/or maintained for the specific purpose of servicing the entertainment and retail center, together with hook up or connection fees and service charges; compliance with laws, rules, regulations and orders of governmental authorities; maintenance for wooded areas, retention ponds, lakes and shoreline areas (if applicable); cleaning, lighting, striping and landscaping; curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, pipes and canals located on or adjacent to the buildingentertainment and retail center; premiums for and all other costs with respect to liability, casualty, and property insurance, and compliance with insurance requirements; personal property taxes; licensing fees and taxes; real estate taxes audit fees and assessments expenses; supplies; the cost and substitutions expense of supplying music to the entertainment and replacements thereof levied or assessed retail center; all costs and expenses of enforcing the rules and regulations established by municipal, county, state, federal Landlord for the Development and handling of claims or other taxing or assessing authority upon, against or with respect to matters arising from the common areas and/or operation of the land thereunder entertainment and the land on which the building is located, and all propertyretail center; cost, lease payment or depreciation of any equipment equipment, improvements or facilities used in the operation or maintenance of the common areas or project areas, including, without limitation, any imputed interest as may be applicable to costs paid or incurred by Landlord the full amount of which is not included under this Section 8.3 in the year so paid or incurred, and including any interest or other expense associated with any loans obtained by Landlord with respect to any cost or expense included or includable hereunder, including any portion of the long-term debt on the Development which has been incurred for such purposes; total compensation and benefits (including premiums for workers' compensation or any other insurance or other retirement or employee benefits, and including all costs incurred in providing such benefits) paid to or on behalf of employees involved in the performance of the work specified in this Section 8.3 or employees otherwise providing services to tenants or customers of the Development; and (2) an amount equal to ten fifteen percent (1015%) of the total of all of the foregoing costs and expenses, to compensate Landlord expenses for administration the entertainment and management servicesretail center. The proportionate share to be paid by Tenant shall be that portion of the foregoing costs and expenses which the number of square feet of floor area in the Leased Premises leased premises bears to the total number of square feet of gross leased and occupied floor area of all buildings in the building Development abutting on the mall. The gross leased and occupied floor area in effect for the whole of which any lease year shall be the Leased Premises are a part as determined solely by Landlordaverage of the gross leased and occupied floor area in effect on the first day of each calendar month in such lease year.