Common use of Tenant’s Pro Rata Share Clause in Contracts

Tenant’s Pro Rata Share. “Tenant’s Pro Rata Share” shall mean the percentage set forth in the Summary as Tenant’s Pro Rata Share which is the percentage derived by dividing the approximate Floor Area of the Demised Premises, as initially set forth in the Summary, by the approximate Floor Area of the Building or the Project, as the case may be, as initially set forth in the Summary. Landlord and Tenant agree that such approximations of Floor Area of the Demised Premises, the Building and the Project are reasonable, and that the calculations of Basic Rent and Tenant’s Pro Rata Share based on such approximations are not subject to revision under any circumstances, except as expressly provided in this Section 4.6. If the Floor Area of the Demised Premises, the Building, or the Project are ever remeasured, the result may only be used to adjust the identification thereof, and neither Landlord nor Tenant shall be entitled to claim an increase or decrease in the amount of the monthly Basic Rent specified in the Summary or the amount of Tenant’s Pro Rata Share specified in the Summary based upon such remeasurement. The Demised Premises shall be approximately as depicted in the Space Plan, provided, however, in no event shall Landlord be liable to Tenant or Tenant have any claims or rights against Landlord if the actual Floor Area of the Demised Premises is different than the estimated Floor Area of the Demised Premises herein provided. Notwithstanding anything to the contrary, if Landlord from time to time increases or reduces the Floor Area of the Building or constructs additional building(s) upon the Land or the Project, as the case may be, then Landlord shall recalculate Tenant’s Pro Rata Share using the formulas hereinabove set forth based upon the added or reduced Floor Area. Landlord shall be entitled to provide services for the Common Facilities for either the Building or the Project, as Landlord determines from time to time. Landlord shall be entitled to charge from time to time all or any item of the Common Facilities Charges, Taxes, Landlord’s Insurance, or any other Additional Rent on the basis of either the Building or the Project. For all items to be charged for the Building, the Tenant’s Pro Rata Share of the Building shall be used and, for all items relating to the Project, Tenant’s Pro Rata Share of the Project shall be used for the purposes of calculating such items, as determined by Landlord.

Tenant’s Pro Rata Share. “Except as otherwise provided herein, Tenant’s 's Pro Rata Share” shall mean the percentage set forth in the Summary as Tenant’s Pro Rata Share which is the percentage derived by dividing the approximate Floor Area of the Demised Premises, as initially set forth in the Summary, by the approximate Floor Area of the Building or the Project, as the case may be, as initially set forth in the Summary. Landlord and Tenant agree that such approximations of Floor Area of the Demised Premises, the Building and the Project are reasonable, and that the calculations of Basic Rent and Tenant’s Pro Rata Share based on such approximations are not subject to revision under any circumstances, except as expressly provided used in this Section 4.6. If the Floor Area of the Demised PremisesLease, the Building, or the Project are ever remeasured, the result may only be used to adjust the identification thereof, and neither Landlord nor Tenant shall be entitled to claim an increase or decrease in amount calculated by multiplying the amount of the monthly Basic Rent specified costs, expenses or charges being prorated by a fraction whose numerator is the total number of square feet of floor area leased by Tenant in the Summary Leased Premises and whose denominator is the total number of square feet of leasable floor area in the Offices and the Warehouse and any other building now or hereafter constructed on the amount Land, except that for purposes of calculating Tenant’s 's share of Common Outside Area Expenses (as opposed to CAM Charges), Tenant's Pro Rata Share specified shall be 25%. The total number of leasable square feet of floor area in the Summary based upon such remeasurementOffices and the Warehouse on the Commencement Date is 580,140 square feet. The Demised Premises shall be approximately as depicted in Based on the Space Planforegoing, provided, however, in no event shall Landlord be liable to Tenant or Tenant have any claims or rights against Landlord if the actual Floor Area of the Demised Premises is different than the estimated Floor Area of the Demised Premises herein provided. Notwithstanding anything to the contrary, if Landlord from time to time increases or reduces the Floor Area of the Building or constructs additional building(s) upon the Land or the Project, as the case may be, then Landlord shall recalculate Tenant’s 's Pro Rata Share using the formulas hereinabove set forth based upon the added or reduced Floor Area. Landlord shall be entitled 9.98%. Any change in floor area resulting from construction by Landlord of an addition to provide services for or expansion or reduction of the Common Facilities for either the Building Leased Premises or the ProjectWarehouse will be included in the calculation of floor area for purposes of this Section and, as Landlord determines from time to time. Landlord shall be entitled to charge from time to time all or any item of the Common Facilities Chargesin such case, Taxes, Landlord’s Insurance, or any other Additional Rent on the basis of either the Building or the Project. For all items to be charged for the Building, the Tenant’s 's Pro Rata Share (both the 9.98% and the 25%) will be adjusted accordingly. The architect in charge of the Building construction of such addition, expansion or reduction shall certify to Landlord and Tenant the square footage of the addition, expansion or reduction by measuring from the exterior faces of exterior walls or, if none, to the center of any demising partition, without deduction for columns or structural elements. Notwithstanding the preceding provisions of this Section, for purposes of more fairly allocating costs among tenants, in calculating Tenant's Pro Rata Share, any CAM Charges or Common Outside Area Expenses which can be reasonably attributed only to the Leased Premises or the Warehouse, or to a particular portion thereof, shall be used and, for all items relating allocated in the reasonable discretion of Landlord to the Project, Tenant’s Pro Rata Share tenant or tenants in that portion of the Project shall be used for the purposes of calculating such items, as determined by LandlordBuildings.

Tenant’s Pro Rata Share. “Tenant’s Pro Rata Share” shall mean the percentage set forth in the Summary as Tenant’s Pro Rata Rate Share which is the percentage derived by dividing the approximate Floor Area of the Demised Premises, as initially set forth in the Summary, by the approximate Floor Area of the Building or the Project, as the case may be, be as initially set forth in the Summary. Landlord and Tenant agree that such approximations of Floor Area of the Demised Premises, the Building and the Project are reasonable, and that the calculations Calculations of Basic Rent and Tenant’s Pro Rata Rate Share based on such approximations are not subject to revision under any circumstances, except as expressly provided in this Section 4.6. If the Floor Area of the Demised Premises, the Building, or the Project are ever remeasured, the result may only be used to adjust the identification thereof, and neither Landlord nor Tenant shall be entitled to claim an increase or decrease in the amount of the monthly Monthly Basic Rent specified Specified in the Summary or of the amount of Tenant’s Pro Rata Rate Share specified in the Summary based upon such remeasurement. The Demised Premises shall be approximately as depicted in the Space Plan, ; provided, however, in no event shall Landlord be liable to Tenant or Tenant have any claims or rights against Landlord if the actual Floor Area of the Demised Premises is different than the estimated Floor Area of the Demised Premises herein provided. Notwithstanding anything to the contrary, if Landlord from time to time increases or reduces the Floor Area of the Building or constructs additional building(s) upon the Land or the Project, as the case may be, then Landlord shall recalculate Tenant’s Pro Rata Share using the formulas hereinabove set forth based upon the added or reduced Floor Area. Landlord may not increase or decrease Floor Area of the Building. Landlord shall be entitled to provide services for the Common Facilities for either the Building or the Project, as Landlord determines from time to time. Landlord shall be entitled to charge from time to time all or any item of the Common Facilities Charges, Taxes, Landlord’s Insurance, or any other Additional Rent on the basis of either the Building or the Project, which will be charged during the Lease Term in a consistent manner. For all items to be charged for the Building, the Tenant’s Pro Rata Share of the Building shall be used and, for all items relating to the Project, Tenant’s Pro Rata Share of the Project shall be used for the purposes of calculating such items, as reasonably and in a consistent manner determined by Landlord.

Tenant’s Pro Rata Share. “Throughout the entire Lease Term, Tenant shall pay, as Additional Rent, the Tenant’s Pro Rata Share” shall mean the percentage set forth in the Summary as Tenant’s Pro Rata Share which is the percentage derived by dividing the approximate Floor Area 's Percentage (defined below) of the Demised Premises, as initially set forth in the Summary, by the approximate Floor Area of the Building or Operating Expenses and Taxes for the Project, as the case may be, as initially set forth in the Summary. Landlord and Tenant agree that such approximations Tenant's Percentage of Floor Area of the Demised Premises, Operating Expenses for the Building and the Project are reasonable, Building Common Areas is one hundred and that the calculations of Basic Rent no/100 percent (100%); and Tenant’s Pro Rata Share 's percentage share of Operating Expenses for the Park Common Areas is one hundred and no/100 percent (100%) of such Operating Expenses charged to the Building. The percentage of Park Common Areas charged to the Building is three and 40/100 percent (3.4%). The Tenant's Percentage shall be adjusted as necessary, relative to increases or decreases in the size of AmberGlen Business Center based on such approximations are not subject to revision under any circumstances, except as expressly provided in this Section 4.6. If the Floor Area of the Demised Premises, the Building, or the Project are ever remeasured, the result may only be used to adjust the identification thereof, and neither Landlord nor Tenant shall be entitled to claim an relative increase or decrease in the amount square footage. For each year of the monthly Basic Rent Lease Term, Tenant shall pay to Landlord in advance on or before the first day of each month, without demand or notice, one-twelve (1/12th) of Tenant's share of the estimated annual Operating Expenses. If the term of this Lease commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord on the first day of the term, a sum determined by multiplying one three-hundred-sixty-fifth (1/365th) of the Tenant's share of the estimated Operating Expenses by the number of days remaining in the first calendar month of the term. "Tenant's Percentage" for the Building shall mean a percentage, the numerator of which is the number of rentable square feet of the Premises and the denominator of which is the total number of rentable square feet of the Building, whether or not such space is actually rented. "Tenant's Percentage" for the Park Common Area shall mean a percentage, the numerator of which is the number of acres of the Land and the denominator of which is the total number of acres of all lots within AmberGlen which are developed with buildings. The Tenant's Percentage (as specified in the Summary or the amount of Tenant’s Pro Rata Share specified in the Summary based upon such remeasurement. The Demised Premises shall Basic Lease Information, and adjusted as provided herein) may be approximately as depicted in the Space Plan, provided, however, in no event shall Landlord be liable to Tenant or Tenant have any claims or rights against Landlord if the actual Floor Area of the Demised Premises is different than the estimated Floor Area of the Demised Premises herein provided. Notwithstanding anything to the contrary, if Landlord changed from time to time increases or reduces to reflect any change in the Floor Area of total rentable square footage in the Building or constructs additional building(s) upon the Land or the Project, as the case may be, then Landlord shall recalculate Tenant’s Pro Rata Share using the formulas hereinabove set forth based upon the added or reduced Floor Areain total acreage of AmberGlen lots developed with buildings. Landlord All calculations of rentable area shall be entitled to provide services for the Common Facilities for either the Building or the Project, as Landlord determines from time to time. Landlord shall be entitled to charge from time to time all or any item of the Common Facilities Charges, Taxes, Landlord’s Insurance, or any other Additional Rent on the basis of either as originally used to determine the Building or rentable area shown in the Project. For all items to be charged for the Building, the Tenant’s Pro Rata Share of the Building shall be used and, for all items relating to the Project, Tenant’s Pro Rata Share of the Project shall be used for the purposes of calculating such items, as determined by LandlordBasic Lease Information.