Common use of Common Area Maintenance Clause in Contracts

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs to cover Landlord's management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. The Tenant shall be responsible for Tenant's Prorata Share pay fifty (50%) percent of the total costs incurred for the operation, maintenance and repair reasonable operating cost of the Common AreasPremises. Such Premises' total operating cost shall mean the total cost and expense incurred in ordinary operating and maintaining Real Estate Lease between Aduromed Corporation and Cheyenne Company LLC the common areas and the Building on the Premises, specifically including, without limitation, but not limited to, gardening and landscaping, the costs cost of public liability and expenses incurred for property damages insurance, and the operationcost of fire insurance with extended coverage, maintenance including vandalism and repair of parking areas (including restriping and repaving); malicious mischief, repairs, replacements, line painting, sanitary control, removal of snow; all utilities including water, gascommon trash, rubbish and other refuse, management fees, and electric lighting of the common areas (hereinafter referred to as "Common Area Maintenance Charge"). Tenant, however, is responsible for all trash removal costs associated with its tenancy. The amount shall be paid in equal monthly installments of one-twelfth (1/12) of the building; janitorial for Common Area Maintenance Charge, in advance on the first day of each month included in the term of this Lease, together with the monthly installment of the annual rent. At least fifteen (15) days prior to the commencement of each Lease year, the Landlord shall furnish the Tenant with a written estimate of the total cost and expense of operating and maintaining the common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance any such building. Within ninety (if applicable); trash removal; security to protect and secure 90) days after the Area; common entrances, exits, and lobbies close of the Building; year, the Landlord agrees to furnish to the Tenant a statement of actual operating expenses incurred during the preceding year together with a summary of all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs to cover Landlord's management fees paid for the management of the property. These costs shall be estimated on an annual basis payments made by the Landlord and shall be adjusted upwards or downwards depending on Tenant during such year including proof of payment. If the actual costs for the preceding twelve months. Tenant shall pay monthlyhas overpaid, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00. Once each year then the Landlord shall determine furnish the actual costs of Tenant with a credit statement to be applied to the foregoing expenses for the prior year next monthly rent payment due, and if the actual costs are greater than the estimated costsTenant has underpaid, the Tenant shall pay its Tenant's Prorata Share the amount of the difference between the estimated costs and the actual costs to the Landlord underpayment together with the next monthly rent payment due. Any such adjustment shall survive the expiration of Base Monthly Rent, or, if this Lease. If the actual costs are less than Tenant disputes the estimated costsLandlord's computation of Common Area Maintenance Charge, the Tenant shall have the right, at its own cost and expense, to have done a review of the Landlord's common charge expenses at times that will not unreasonably interfere with the Landlord shall forthwith refund the amount during normal business hours, which review will be conducted by outside independent certified public accountants of the Tenant's excess payment to choosing at the expense of the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant's ’s Prorata Share share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, including but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping restriping, and repavingrepeving); removal of snow; all utilities including water, gas, gas and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(ssystems (s) for the Leased Premisespremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs to of cover Landlord's ’s management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease TermTeam, as additional rent due under the terms hereof, a sum equal to Tenant's ’s Prorata Share of the estimated costs for said twelve (12twelve(12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00$7,835.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's ’s Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Share share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premisespremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs to cover Landlord's management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00$1,350.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's prorated Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its prorated Tenant's Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Share share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premisespremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs to cover Landlord's management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00. $830.56 Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than an the estimated costs, the Tenant shall pay its Tenant's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's prorated Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its prorated Tenant's Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant's ’s Prorata Share share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable)areas; trash removal; security to protect and secure the cost of securing the Area; , common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premisespremises and/or Building; the cost of maintaining in good working condition the elevator(s) for the Leased PremisesPremises and/or Building, if applicable; and costs to cover Landlord's ’s management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's ’s Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00$6,680.03. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's ’s Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's ’s excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's ’s prorated Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its prorated Tenant’s Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's ’s share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Share share of the total costs incurred for the operation, maintenance and repair of the Common AreasAreas actually paid for by Landlord, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premisespremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and ten percent (10 %) of all such operational, maintenance and repair costs to cover Landlord's administrative and overhead costs subject to Tenant not having to pay a management fees paid for the management of the propertyfee. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00$779.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant The Premises are a part of the industrial center commonly known as Golden State Business Park (“Park”) more particularly described on Exhibit A attached hereto. Lessor shall be responsible for Tenant's Prorata Share of the total costs incurred for the operation, all landscape maintenance and repair of or replacement in the Common Areas, Park including, but not limited to, the costs all landscape plantings, and expenses incurred for the operationlandscape sprinkler systems, maintenance common area janitorial and repair of sweeping services, and replacement and repairs, as necessary, to all sidewalk surfaces, parking areas (including restriping repairs, slurry coat and repavingstripe); removal of snow; all utilities including water, gas, roadways and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, miscellaneous exterior building maintenance and repair; the , including light maintenance, roof repairs and clearing of roof debris, roof membrane maintenance and exterior painting. The cost of personnel to implement such maintenance, services; the cost of maintaining in good working condition the HVAC system(s, and repairs shall be designated as (“Common Area Costs”) and shall include all sums expended by Lessor for the Leased Premises; maintenance, repair and operations of the cost common area of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and Park as hereinabove indicated. All costs to cover Landlord's management fees paid for supervise and administer said common areas, parking lots, sidewalks, driveways, and other areas used in common by the management Lessee or occupants of the property. These costs Park including the insurance on the common area shall be estimated on an annual basis by the Landlord designated as Common Area Costs. Said Common Area Costs shall include such fees as may be paid to a third party in connection with same and shall be adjusted upwards or downwards depending in any event include a fee to Lessor to supervise and administer same in an amount equal to fifteen percent (15%) of the total Common Area Costs referenced above. In addition to the Base Rent and commencing on the actual costs for the preceding twelve months. Tenant Commencement Date of this Lease, Lessee shall pay monthly, commencing with the first month of the Lease Term, to Lessor as additional rent due under an amount estimated by Lessor to be Lessee’s share of Common Area Costs, on the terms hereof, a sum equal to Tenant's Prorata first day of each month. Lessee’s Proportionate Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costsbe that fraction, the Tenant shall pay its Tenant's Prorata Share numerator of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum total square footage in the Premises, and the denominator of actual costs for the year at the time of reconciliation plus which shall be the total estimated costs prorated for leaseable square footage in the number of days Park. Lessee’s Proportionate Share may change from time to time as the date the last actual cost was paid to the end leaseable footage and/or configuration of the yearPark is changed. Common Area Costs that cover a period not within the term of this Lease shall be prorated.

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Share share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premisespremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and Ten percent (10%) of all such operational, maintenance and repair costs to cover Landlord's management fees paid for the management of the propertyadministrative and overhead costs. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00866.20. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. AdditionallyNotwithstanding anything to the contrary contained in this Lease, upon Lease Agreement expiration in no event shall Tenant have any obligation to perform, to pay directly, or termination to reimburse Landlord shall also determine Tenant's Prorata Share for, all or any portion of the annualized actual following repairs, maintenance, improvements, replacements, premiums, claims, losses, fees, commissions, charges, disbursements, attorneys' fees, costs and expenses (collectively, "Costs"): (i) Costs occasioned by the act, omission or violation of Law by Landlord, any other occupant of the foregoing expenses Area, or their respective agents, employees or contractors, or Costs to correct any construction defect or other condition in the Leased Premises or the Building not in compliance with law as of the Commencement Date; (ii) Costs occasioned by fire, acts of God or other casualties, or by the exercise of the power of eminent domain; (iii) Costs which Tenant pays directly to a third person or for which Landlord has a right of reimbursement from others (iv) Costs (A) arising from the number disproportionate use of any utility or service supplied by Landlord to any other occupant of the Area; or (B) associated with utilities and services of a type not provided to Tenant; (v) Costs related to Hazardous Materials, excepted to the extent the Cost is caused by the storage, use or disposal of the Hazardous Material in question by Tenant in violation of Hazardous Materials Laws; (vi) Costs incurred in connection with negotiations or disputes with other occupant(s) of the Area; (vii) depreciation, amortization or other expense reserves; (viii) interest, charges and fees incurred on dept, payments on mortgages and rent under ground leases; or (ix) wages, salaries, compensation and labor burden for any employee not stationed in the Area on a full-time basis, or any fee, profit or compensation retained by Landlord or its affiliates for management and administration of the Area in excess of the management fee which would be charged by a professional management service for operation of comparable projects in the vicinity of the Area. In addition, notwithstanding anything to the contrary contained in this Lease, within thirty (30) days the Lease is in effect after receipt by Tenant of Landlord's statement of Common Area costs for any prior calendar year during the calendar year Term, Tenant or its authorized representative shall have the right to inspect the books of Landlord during the business hours of Landlord at Landlord's office in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the LandlordArea, or, if at Landlord's option, such other location as Landlord reasonably may specify, for the annualized actual costs are less than purpose of verifying the estimated costsinformation contained in the statement. Unless Tenant asserts specific error within thirty (30) days after receipt of the statement, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs statement shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid deemed correct as between Landlord and Tenant, except as to the end of the yearindividual components subsequently determined to be in error by a future audit.

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Share share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premisespremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and Ten percent ( 10 %) of all such operational, maintenance and repair costs to cover Landlord's management fees paid for the management of the propertyadministrative and overhead costs. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00866.20. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. AdditionallyNotwithstanding anything to the contrary contained in this Lease, upon Lease Agreement expiration in no event shall Tenant have any obligation to perform, to pay directly, or termination to reimburse Landlord shall also determine Tenant's Prorata Share for, all or any portion of the annualized actual following repairs, maintenance, improvements, replacements, premiums, claims, losses, fees, commissions, charges, disbursements, attorneys' fees, costs and expenses (collectively, "Costs"): (i) Costs occasioned by the act, omission or violation of Law by Landlord, any other occupant of the foregoing expenses Area, or their respective agents, employees or contractors, or Costs to correct any construction defect or other condition in the Leased Premises or the Building not in compliance with law as of the Commencement Date; (ii) Costs occasioned by fire, acts of God or other casualties, or by the exercise of the power of eminent domain; (iii) Costs which Tenant pays directly to a third person or for which Landlord has a right of reimbursement from others (iv) Costs (A) arising from the number disproportionate use of any utility or service supplied by Landlord to any other occupant of the Area; or (B) associated with utilities and services of a type not provided to Tenant; (v) Costs related to Hazardous Materials, excepted to the extent the Cost is caused by the storage, use or disposal of the Hazardous Material in question by Tenant in violation of Hazardous Materials Laws; (vi) Costs incurred in connection with negotiations or disputes with other occupant(s) of the Area; (vii) depreciation, amortization or other expense reserves; (viii) interest, charges and fees incurred on dept, payments on mortgages and rent under ground leases; or (ix) wages, salaries, compensation and labor burden for any employee not stationed in the Area on a full-time basis, or any fee, profit or compensation retained by Landlord or its affiliates for management and administration of the Area in excess of the management fee which would be charged by a professional management service for operation of comparable projects in the vicinity of the Area. In addition, notwithstanding anything to the contrary contained in this Lease, within thirty (30) days the Lease is in effect after receipt by Tenant of Landlord's statement of Common Area costs for any prior calendar year during the calendar year Term, Tenant or its authorized representative shall have the right to inspect the books of Landlord during the business hours of Landlord at Landlord's office in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the LandlordArea, or, if at Landlord's option, such other location as Landlord reasonably may specify, for the annualized actual costs are less than purpose of verifying the estimated costsinformation contained in the statement. Unless Tenant asserts specific error within thirty (30) days after receipt of the statement, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs statement shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid deemed correct as between Landlord and Tenant, except as to the end of the yearindividual components subsequently determined to be in error by a future audit.

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Share of COMMON AREA MAINTENANCE. As used in this Lease, the term common area costs means the total of all items of expense reasonably and directly relating to operating, managing, equipping, policing and protecting (if provided), lighting, insuring, repairing (excluding, however, correction of original construction defects or any items under warranty or any repairs reimbursable by LANDLORD’S insurance required hereunder or any repair or other work necessitated by condemnation, fire, or other casualty), replacing (excluding, however, any costs incurred for items that are capitalized under generally accepted accounting principles) and maintaining the operationcommon areas. Such costs shall include, maintenance but shall not be limited to, all expenses of removing snow, ice, dirt ad debris; all costs of and repair replacing flowers and landscaping and all supplies required therefore; and all costs of utilities used in connection with the Common Areascommon areas, including, but not limited to, the all costs of operating and expenses incurred maintaining lighting facilities, storm drainage systems, all costs for the operationboiler and electrical apparatus insurance, maintenance and repair all costs of parking areas (including restriping and repaving); removal of snow; all utilities including watera supervised fire sprinkler alarm system, gaspremiums for workmen’s compensation insurance, wages, unemployment taxes, and electric for social security taxes and administrative costs. As provided in Lease Subsection 1.19 (Article I), effective upon the building; janitorial for common areas date on which this LEASE commences and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs to cover Landlord's management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereofhereunder, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant TENANT shall pay its Tenant's Prorata Share the LANDLORD on the first day of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect each calendar month during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's LEASE TERM TENANT’S share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of common area costs. Within ninety (90) days from the date the last actual cost was paid to following the end of the yearfirst Lease Year, Landlord shall furnish to TENANT a statement (“STATEMENT”) certified as correct by an officer of LANDLORD, showing the total common area costs actually incurred for the first Lease Year and the amount of common area costs paid by TENANT to date. If TENANT’S share of the total actual common area costs for such Lease Year, calculated as the ratio of TENANT’S square footage to the total leasable square footage of the Shopping Center times such cost, shall be less than TENANT’S payments so made, the overpayment shall be refunded to TENANT. If each succeeding Lease Year, TENANT shall pay to LANDLORD monthly, as aforesaid, a common area cost equal to one-twelfth (1/12) of the common area cost actually paid by TENANT in the prior Lease Year. At the end of each succeeding Lease Year LANDLORD shall provide TENANT with a statement of the total actual common area costs incurred and the amount of such costs paid by TENANT to date. If the amount of such costs paid by TENANT to date for that Lease Year is greater than TENANT’S pro rata share of common area costs calculated as above, LANDLORD shall refund the difference with the statement. If Tenant’s pro-rata share of the total actual common area costs incurred exceeds the amount paid by TENANT to date for that Lease Year, TENANT shall pay to LANDLORD the difference. Notwithstanding anything herein to the contrary, common area costs shall not include costs for improving any TENANT’S space, costs exceeding those obtainable through competitive bidding, services or benefits provided to other TENANTS but not to TENANT, and any costs, fines or penalties imposed due to LANDLORD’S violation of any governmental rule or regulation. TENANT SHALL HAVE THE RIGHT TO AUDIT ALL COMMON AREA COSTS AND EXPENSES ANNUALLY, AT TENANT’S COST AND EXPENSE.

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Share share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premisespremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and Ten percent ( 10 %) of all such operational, maintenance and repair costs to cover Landlord's management fees paid for the management of the propertyadministrative and overhead costs. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.001,040.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant In addition to the base rent above provided, and as additional lease rent, Lessee shall pay its proportionate share of the cost of operation and maintenance of the common area (collectively "common area maintenance costs"). Common area maintenance costs shall be responsible for Tenant's Prorata Share proportioned based on the ground floor square footage of the total Leased Premises and the ground floor square footage of the Warehouse. The ground floor square footage of the Leased Premises is 35,730 square feet. The ground floor square footage of the Warehouse is 108,000. Lessee's proportionate share of the common area maintenance costs incurred shall be 33.08 percent. Common area is defined for all purposes of this lease as part of the Warehouse intended for the operationcommon use of all lessees, maintenance including among other facilities (as such may be applicable to the Warehouse) parking area, private streets and repair alleys, landscaping, curbs, curb cuts, loading area, sidewalks, lighting facilities and pylon signs. Lessor agrees to maintain the common area in good condition and repair, ordinary wear and tear excepted. Lessor's cost of the Common Areas, including, but not limited to, operation shall mean the costs and expenses incurred expense of operating, maintaining, and managing the common area in a manner deemed by Lessor to be reasonable and appropriate and for the operationbest interests of the Warehouse including, maintenance without limitation, all costs and repair expense of operating, maintaining, repairing or replacing the parking areas (including restriping lot, sweeping, stripping, patching or resurfacing, landscape mowing, replanting and repaving); removal of snow; all utilities including waterreplacing flowers, gasshrubbery and planters, watering landscape areas, security service for the Warehouse, if any is provided, maintenance, repairing and electric for the building; janitorial for common areas and tenant occupied space; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies expenses of the Building; all pylon sign, exterior building painting, electric expense for parking lot lighting, replacement of light bulbs and other common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance area lighting. Lessee's share of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs to cover Landlord's management fees paid for the management of the property. These common area maintenance costs shall be estimated on an annual basis by paid in the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, same manner as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating TenantLessee's share of expenses under this paragraphtaxes and insurance. The first year's estimate of Lessee's portion of taxes, annualized actual costs shall be the sum of actual costs insurance and common area maintenance for the year at the time of reconciliation plus the total estimated costs prorated for the number of days that period from the date the last actual cost was paid Commencement Date to the end of the yearnext following December 31 is $3,390.00 per month.

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Pro rata Share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premisespremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and ten percent (10%) of all such operational, maintenance and repair costs to cover Landlord's management fees paid for the management of the propertyadministrative and overhead costs. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Pro rata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00$760.00. Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Prorata Pro rata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.

Common Area Maintenance. Tenant shall be responsible for Tenant's Prorata Share share of the total costs incurred for the operation, maintenance and repair of the Common Areas, including, but not limited to, the costs and expenses incurred for the operation, maintenance and repair of parking areas (including restriping and repaving); removal of snow; all utilities including water, gas, and electric for the building; janitorial for common areas lighting and tenant occupied spacesigns; normal HVAC maintenance and elevator maintenance (if applicable); trash removal; security to protect and secure the Area; common entrances, exits, and lobbies of the Building; all common utilities, including water to maintain landscaping; replanting in order to maintain a smart appearance of landscape areas; supplies; depreciation on the machinery and equipment used in such operation, maintenance and repair; the cost of personnel to implement such services; the cost of maintaining in good working condition the HVAC system(s) for the Leased Premisespremises; the cost of maintaining in good working condition the elevator(s) for the Leased Premises, if applicable; and costs to cover Landlord's management fees paid for the management of the property. These costs shall be estimated on an annual basis by the Landlord and shall be adjusted upwards or downwards depending on the actual costs for the preceding twelve months. Tenant shall pay monthly, commencing with the first month of the Lease Term, as additional rent due under the terms hereof, a sum equal to Tenant's Prorata Share of the estimated costs for said twelve (12) month period, divided by 12. The estimated initial monthly costs are $ 3,227.00. $2,383.00 Once each year the Landlord shall determine the actual costs of the foregoing expenses for the prior year and if the actual costs are greater than the estimated costs, the Tenant shall pay its Tenant's Prorata Share of the difference between the estimated costs and the actual costs to the Landlord with the next payment of Base Monthly Rent, or, if the actual costs are less than the estimated costs, the Landlord shall forthwith refund the amount of the Tenant's excess payment to the Tenant. Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's prorated Prorata Share of the annualized actual costs of the foregoing expenses for the number of days the Lease is in effect during the calendar year in which the Lease Agreement expires or terminates. If the annualized actual costs are greater than the estimated costs, the Tenant shall pay its prorated Tenant's Prorata Share of the difference between the estimated costs and the annualized actual costs to the Landlord, or, if the annualized actual costs are less than the estimated costs, the Landlord shall forthwith refund the excess to the Tenant. For purposes of calculating Tenant's share of expenses under this paragraph, annualized actual costs shall be the sum of actual costs for the year at the time of reconciliation plus the total estimated costs prorated for the number of days from the date the last actual cost was paid to the end of the year.