Common use of Allocable Share Clause in Contracts

Allocable Share. (a) Certain costs of operating and maintaining the Common Areas and any other areas or items located on another Element that are the responsibility of Office Owner as set forth in this Declaration will be allocated among the Owners in the manner set forth on Exhibit E. (b) Each Owner shall pay to Office Owner its applicable share of the Common Costs within thirty (30) days after submission of a statement by Office Owner, together with reasonably acceptable evidence of the actual costs incurred. (c) Office Owner may re-allocate the share of the Common Costs applicable to the South Retail Element, Parking Element and Office Element (including both Common Costs which are allocated to the South Retail Element, Parking Element and Office Element on Exhibit E, and those Common Costs which are not so allocated on Exhibit E), among the Office Element, South Retail Element and Parking Element in an equitable manner based on usage, floor area, or a combination thereof, as the case may be; provided, however, that any such re-allocation shall not (i) increase the share of the Common Costs applicable to the North Element as set forth on Exhibit E, (ii) permit the allocation to the North Element of Common Costs that are not currently allocated to the North Element on Exhibit E (except to the extent permitted by Note 4 on Page E-1 of Exhibit E), or (iii) otherwise adversely affect the North Element. (d) Declarant hereby acknowledges that there are currently no Common Areas located on the North Element. Notwithstanding anything stated to the contrary in this Declaration, to the extent there are any areas that are designated as Common Areas on the North Element after the date of this Declaration, the addition of such areas as Common Areas shall not (i) increase the share of the Common Costs applicable to the South Retail Element, Parking Element and Office Element as set forth on Exhibit E, (ii) permit the allocation to the South Retail Element, Parking Element and Office Element of Common Costs that are not currently allocated to the South Retail Element, Parking Element and Office Element on Exhibit E (except to the extent permitted by Note 4 on Page E-1 of Exhibit E), or (iii) otherwise adversely affect the South Retail Element, Parking Element and Office Element.