Common use of Tenant's Proportionate Share of Project Clause in Contracts

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (i) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“Comparison Year”), Tenant shall pay Landlord an amount equal to Tenant’s Proportionate Share of the Project Operating Costs Incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “Excess Expenses.” (ii) To provide for current payments of Excess Expenses, Tenant shall, at Landlord’s request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation hereunder to estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that Comparison Year. (iii) On or before April 1 of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s Proportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (30) days of the receipt of the statement. If such total exceeds Tenant’s Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s next ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) shall survive the Expiration Date. (iv) Tenant’s Proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated.

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (ia) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”"), Tenant shall pay Landlord an the amount equal to by which Tenant’s 's Proportionate Share of the Project Operating Costs Incurred incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base YearExpense Stop. This excess is referred to as the “"Excess Expenses.”" (iib) To provide for current payments of Excess Expenses, Tenant shall, at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation intention hereunder to estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that Comparison Year. (iiic) On or before April 1 of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s Proportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of the receipt of the statement. If such total exceeds Tenant’s Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s 's next ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) 5.3 shall survive the Expiration Date. (ivd) Tenant’s Proportionate Share of 's Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (e) If any dispute arises as to the amount of any additional rent due hereunder, Tenant shall have the right after reasonable notice and at reasonable times to inspect Landlord's accounting records at Landlord's accounting office and, if after such inspection Tenant still disputes the amount of additional rent owed, a certification as to the proper amount shall be made by Landlord's certified public accountant, which certification shall be final and conclusive. Tenant agrees to pay the cost of such certification unless it is determined that Landlord's original statement overstated Project Operating Costs by more than five percent (5%).

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (ia) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”"), Tenant shall pay Landlord an amount equal to Tenant’s 's Proportionate Share of the Project Operating Costs Incurred incurred by Landlord in the Comparison Year which which, after applying the same adjustment in the index to the increase in Project Operating Costs as is applied to Base Rent in the Comparison Year, exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “"Excess Expenses". For example, assume that (i) the Project Operating Costs in the Base Year are $1.00 per square foot and in the Comparison Year they are $1.05 per square foot, (ii) the Index has increased 3% in the Comparison Year over the prior year, and therefore (iii) the Base Rent has increased by 3% over the prior year. Tenant's Proportionate Share of the Project Operating Costs for the Comparison Year will be $.02 per square foot [Comparison Year expenses ($1.05) minus (Base Year expenses ($1.00) times Index (3%) = $1.03) = $1.05 minus $1.03) = $.02].” (iib) To provide for current payments of Excess Expenses, Tenant shall, at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s 's Proportionate Share of the Excess Expenses Expenses, payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation hereunder to Expenses.-Landlord will estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s 's Proportionate Share thereof, and then to will make an adjustment in the following year based on the actual Excess Expenses incurred for that the Comparison Year. (iiic) On or before April 1 of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s 's Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s 's Proportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds exceed the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of for the receipt of the statement. If such total exceeds Tenant’s 's Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s 's next ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) Article 5.3 shall survive the Expiration Date. (ivd) Tenant’s 's Proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (e) If any dispute arises as to the amount of any additional rent due hereunder, Tenant shall have the right after reasonable notice and at reasonable times to inspect Landlord's accounting records at Landlord's accounting office and, if after such inspection Tenant still disputes the amount of additional rent owed, a certification as to the proper amount shall be made by Landlord's certified public accountant, which certification shall TENANT'S INITIALS:__ LANDLORD'S INITIALS:__ be final and conclusive. Tenant agrees to pay the cost of such certification unless it is determined that Landlord's original statement overstated Project Operating Costs by more than five percent (5%). (f) If this Lease sets forth an Expense Stop at Article 2.F., then during the Term Tenant shall be liable for Tenant's Proportionate Share of any actual Project Operating Costs per rentable square foot which exceed the amount of the Expense Stop per rentable square foot rather than the Base Year. Tenant shall make current payments of such excess costs during the Term in the same manner as is provided for payment of Excess Expenses under the applicable provisions of Article 5.3, B(2)(b) and (c) above.

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (ia) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”"), Tenant shall pay Landlord an amount equal to Tenant’s 's Proportionate Share of the Project Operating Costs Incurred incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “"Excess Expenses.”" (iib) To provide for current payments of Excess Expenses, Tenant shall, at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s 's Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation intention hereunder to estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s 's Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that Comparison Year. (iiic) On or before April 1 I of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s 's Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s 's Proportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of the receipt of the statement. If such total exceeds Tenant’s 's Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s 's next ensuing monthly installment(sinstallments) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) 5.4 shall survive the Expiration Date. (ivd) Tenant’s Proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (e) If any dispute arises as to the amount of any additional rent due hereunder, Tenant shall have the right after reasonable notice and at reasonable times to inspect Landlord’s accounting records at Landlord’s accounting office and, if after such inspection Tenant still disputes the amount of additional rent owed, a certifications to the proper amount shall be made by Landlord’s certified public accountant, which certification shall be final and conclusive. Tenant agrees to pay the cost of such certification unless it is determined that Landlord’s original statement overstated Project Operating Costs by more than five percent (5%).

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (ia) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”"), Tenant shall pay Landlord an amount equal to Tenant’s 's Proportionate Share of the Project Operating Costs Incurred incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “"Excess Expenses".” (iib) To provide for current payments of Excess Expenses, Tenant shall, at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s 's Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation intention hereunder to estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s 's Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that Comparison Year. (iiic) On or before April 1 of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s 's Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s 's Proportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of the receipt of the statement. If such total exceeds Tenant’s 's Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s 's next ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) 5.2 shall survive the Expiration Date. (ivd) Tenant’s 's Proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (e) If any dispute arises as to the amount of any additional rent due hereunder, Tenant shall have the right after reasonable notice and at reasonable times to inspect Landlord's accounting records at Landlord's accounting office and, if after such inspection Tenant still disputes the amount of additional rent owed, a certification as to the proper amount shall be made by a mutually-approved certified public accountant, which certification shall be final and conclusive. Tenant agrees to pay the cost of such certification unless it is determined that Landlord's original statement overstated Project Operating Costs by more than five percent (5%), in which case the Landlord shall pay for said certification.

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (ia) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”"), Tenant shall pay Landlord an amount equal to Tenant’s 's Proportionate Share of the Project Operating Costs Incurred incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “"Excess Expenses.”" (iib) To provide for current payments of Excess Expenses, Tenant shall, at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s 's Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation intention hereunder to estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s 's Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that the Comparison Year. (iiic) On or before April 1 of each Comparison comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s 's Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s 's Proportionate Share of the actual Excess Expenses for the previous Comparison Year ear exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of the receipt of the statement. If such total exceeds Tenant’s 's Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s 's next ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) 5.3 shall survive the Expiration Date. (ivd) Tenant’s 's Proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (e) If any dispute arises as to the amount of any additional rent due hereunder, Tenant shall have the right after reasonable notice and at reasonable times to inspect Landlord's accounting records at Landlord's accounting office and, if after such inspection Tenant still disputes the amount of additional rent owed, a certification as to the proper amount shall be made by Landlord's certified public accountant, which certification shall be final and conclusive. Tenant agrees to pay the cost of such certification unless it is determined that Landlord's original statement overstated Project Operating Costs by more than five percent (5%).

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (ia) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”)", Tenant shall pay Landlord an amount equal to Tenant’s 's Proportionate Share of the Project Operating Costs Incurred incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “"Excess Expenses".” (iib) To provide for current payments of Excess ExpensesExpense, Tenant shall, shall at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s 's Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation intention hereunder to estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s 's Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that Comparison Year. (iiic) On or before April 1 of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s 's Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s 's Proportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of the receipt of the statement. If such total exceeds Tenant’s 's Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s 's next ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. , If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) 5.33 shall survive the Expiration Date. (ivd) Tenant’s 's Proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (e) If any dispute arises as to the amount of any additional rent due hereunder, Tenant shall have the right after reasonable notice and at reasonable times to inspect Landlord's accounting records at Landlord's accounting office and, if after such inspection Tenant still disputes the amount of additional rent owed, a certification as to the proper amount shall be made by Landlord's certified public accountant, which certification shall be final and conclusive. Tenant agrees to pay the cost of such certification unless it b determined that Landlord's original statement overstated Project Operating Costs by more than five percent (5%). (f) If this Lease sets forth an Expense Stop at Section 2f, then during the Term Tenant shall be liable for Tenant's Proportionate Share of any actual Project Operating Costs which exceed the amount of the Expense Stop. Tenant shall make current payments of such excess costs during the Term in the same manner as is provided for payment of Excess Expenses under the applicable provisions of Section 5.3b(2)(b) and (c) above.

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (ia) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”"), Tenant shall pay Landlord an amount equal to Tenant’s 's Proportionate Share of the Project Operating Costs Incurred incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “"Excess Expenses.”" (iib) To provide for current payments of Excess Expenses, . Tenant shall, at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s 's Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, installments commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which the Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation intention hereunder to estimate from time to time the amount of the Excess Expenses for of each Comparison Year and Tenant’s 's Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that Comparison Year. (iiic) On or before April 1 of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s 's Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s 's Proportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of the receipt of the statement. If such total exceeds Tenant’s 's Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s 's next ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) 5.3 shall survive the Expiration Date. (ivd) Tenant’s Proportionate 's proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (e) If any dispute arises as the amount of any additional rent due hereunder, Tenant shall have the right after reasonable times to inspect Landlord's accounting office and, if after such inspection Tenant still disputes the amount of additional rent owed, a certification as to the proper amount shall be made by Landlord's certified public accountant, which certification shall be final and conclusive. Tenant agrees to pay the cost of such certification unless it is determined that Landlord's original statement overstated Project Operating Costs by (f) If this Lease sets forth an Expense Stop at Section 2f, then during the Term Tenant shall be liable for Tenant's Proportionate Share of any actual Project Operating Costs which exceed the amount of the Expense Stop. Tenant shall make current payments of such excess during the Term in the same manner as is provided for payment of Excess Expenses under the applicable provisions of Section 5.3b(2)(b) and (c) above.

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (ia) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”"), Tenant shall pay Landlord an amount equal to Tenant’s 's Proportionate Share of the Project Operating Costs Incurred incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “"Excess Expenses.”" (iib) To provide for current payments of Excess Expenses, Tenant shall, at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s 's Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation intention hereunder to estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s 's Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that Comparison Year. (iiic) On or before April 1 of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s 's Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s 's Proportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of the receipt of the statement. If such total exceeds Tenant’s 's Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s 's next ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. credit The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) 5.3 shall survive the Expiration Date. (ivd) Tenant’s 's Proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (a) If any dispute arises as to the amount of any additional rent due hereunder, Tenant shall have the right after reasonable notice and at reasonable times to Inspect Landlord's accounting records at Landlord's accounting office and, if after such inspection Tenant still disputes the amount of additional rent owed, a certification as to the proper amount shall be made by Landlord's certified public accountant, which certification shall be final and conclusive. Tenant agrees to pay the cost of such certification unless it is determined that Landlord's original statement overstated Project Operating Costs by more than five percent (5%)

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (iA) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”"), Tenant shall pay Landlord an amount equal to Tenant’s 's Proportionate Share of the Project Operating Costs Incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “"Excess Expenses.”" (iiB) To provide for current payments of Excess Expenses, Tenant shall, at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s 's Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation intention hereunder to estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s 's Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that Comparison Year. (iiiC) On or before April 1 of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s 's Proportionate Share of the Excess Expenses for the preceding Comparison YearYear ("Expense Statement"). If Tenant’s 's Proportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of the receipt of the statement. If such total exceeds Tenant’s 's Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s 's next ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C5(b)(ii)(2)(C) shall survive the Expiration Date. (ivD) Tenant’s 's Proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (E) For a period of six (6) months after receipt of an Expense Statement, Tenant shall be entitled, upon thirty (30) days prior written notice and during normal business hours, at the office of the Building's property manager or such other place as Landlord shall designate, to inspect and examine those books and records of Landlord relating to the determination of Excess Expenses for the immediately preceding calendar year. Failure of Tenant to request such inspection within such six (6) month period shall render such Expense Statement conclusive and binding on Tenant. If after such inspection Tenant still disputes the amount of the Excess Expenses charged by Landlord, Tenant may, by written request to Landlord, request a certification as to the proper amount shall be made by Landlord's certified public accountant, which certification shall be final and conclusive provided that such certified public accountant is independent of Landlord, and Landlord's fees to such accountant do not exceed 5% of such accountant's annual gross revenue. Tenant agrees to pay the cost of such certification unless it is determined that Landlord's original statement overstated Project Operating Costs by more than ten percent (10%).

Tenant's Proportionate Share of Project. Operating Costs shall be payable by Tenant to Landlord as follows: (ia) Beginning with the calendar year following the Base Year and for each calendar year thereafter (“"Comparison Year”"), Tenant shall pay Landlord an amount equal to Tenant’s 's Proportionate Share of the Project Operating Costs Incurred incurred by Landlord in the Comparison Year which exceeds the total amount of Project Operating Costs payable by Landlord for the Base Year. This excess is referred to as the “"Excess Expenses.”" (iib) To provide for current payments of Excess Expenses, Tenant shall, at Landlord’s 's request, pay as additional rent during each Comparison Year, an amount equal to Tenant’s 's Proportionate Share of the Excess Expenses payable during such Comparison Year, as estimated by Landlord from time to time. Such payments shall be made in monthly installments, commencing on the first day of the month following the month in which Landlord notifies Tenant of the amount it is to pay hereunder and continuing until the first day of the month following the month in which Landlord gives Tenant a new notice of estimated Excess Expenses. It is the Landlord’s obligation intention hereunder to estimate from time to time the amount of the Excess Expenses for each Comparison Year and Tenant’s 's Proportionate Share thereof, and then to make an adjustment in the following year based on the actual Excess Expenses incurred for that Comparison Year. (iiic) On or before April 1 of each Comparison Year after the first Comparison Year (or as soon thereafter as is practical), Landlord shall deliver to Tenant a statement setting forth Tenant’s 's Proportionate Share of the Excess Expenses for the preceding Comparison Year. If Tenant’s Proportionate Tenaxx'x Xroportionate Share of the actual Excess Expenses for the previous Comparison Year exceeds the total of the estimated monthly payments made by Tenant for such year, Tenant shall pay Landlord the amount of the deficiency within ten (3010) days of the receipt of the statement. If such total exceeds Tenant’s 's Proportionate Share of the actual Excess Expenses for such Comparison Year, then Landlord shall credit against Tenant’s next Tenaxx'x xext ensuing monthly installment(s) of additional rent an amount equal to the difference until the credit is exhausted. If a credit is due from Landlord on the Expiration Date, Landlord shall pay Tenant the amount of the credit. The obligations of Tenant and Landlord to make payments required under this Section 5(b) (ii) (C) 5.3 shall survive the Expiration Date. (ivd) Tenant’s 's Proportionate Share of Excess Expenses in any Comparison Year having less than 365 days shall be appropriately prorated. (e) If any dispute arises as to the amount of any additional rent due hereunder, Tenant shall have the right after reasonable notice and at reasonable times to inspect Landlord's accounting records at Landlord's accounting office and, if after such inspection Tenant still disputes the amount of additional rent owed, a certification as to the proper amount shall be made by Landlord's certified public accountant, which certification shall be final and conclusive. Tenaxx xxxees to pay the cost of such certification unless it is determined that Landxxxx'x xriginal statement overstated Project Operating Costs by more than five percent (5%).