Common use of Expense Adjustment Clause in Contracts

Expense Adjustment. Tenant shall pay to Landlord, as Additional Rent, an amount ("Expense Amount") equal to Tenant's Proportionate Share of the Shared Operating Expenses incurred with respect to each Lease Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount with respect to each Lease Year shall be paid in monthly installments, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant. Not later than ninety (90) days after the end of each Lease Year, Landlord shall cause the amount of the Expense Amount for such Lease Year to be computed based on Operating Expenses for such Lease Year for the Building and Landlord shall deliver to Tenant a statement of such amount and Tenant shall pay any deficiency to Landlord as shown by such statement within ninety (90) days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year pursuant to this Section 5.3 exceeds the actual Expense Amount due from Tenant for such Lease Year, such excess shall be refunded by Landlord within thirty (30) days after the end of the previous Lease Year. Tenant shall also pay to Landlord, as Additional Rent, an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly by Tenant.

Expense Adjustment. Commencing on the Commencement Date and continuing throughout the remainder of the Term, Tenant shall pay to Landlord, Landlord as Additional Rent, on the first day of each calendar month, an amount ("Expense Amount") equal to one-twelfth (1/12) of Tenant's Proportionate Share of the Shared Operating Expenses total amount of the Basic Costs incurred with respect to each Calendar Year in the Term of this Lease Year(the total amount paid by the Tenant in each Calendar Year being referred to herein as the "Expense Adjustment Amount"). The Tenant's Proportionate share of the Shared Operating Expenses, Expense Adjustment Amount for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount with respect to each Lease Calendar Year shall be paid in monthly installments, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to TenantTenant not more frequently than quarterly. Not later than ninety (90) days after Landlord shall cause to be kept books and records showing Basic Costs in accordance with generally accepted accounting principals and industry standard account practices consistently maintained. Following the end close of each Lease Calendar Year, Landlord shall cause the amount of the Expense Adjustment Amount which should have been paid by Tenant for such Lease Calendar Year (the "Final Expense Amount") to be computed based on Operating Expenses the basis of the actual Basic Costs for such Lease Year for the Building each Calendar Year, and Landlord shall deliver to Tenant a statement of such amount and Final Expense Amount. If the Final Expense Amount exceeds the Expense Adjustment Amount, Tenant shall pay any such deficiency to Landlord as shown by such statement within ninety (90) days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year pursuant to this Section 5.3 exceeds the actual Expense Amount due from Tenant for such Lease Year, such excess shall be refunded by Landlord within thirty (30) days after receipt of such Final Expense Statement. If the end Expense Adjustment Amount exceeds the Final Expense Amount, then at Landlord's option such excess shall be either credited against payments of Additional Rent next due or refunded by Landlord, provided no Tenant Event of Default exists hereunder which extends beyond the applicable notice and cure period. Delay in computation of the previous Lease Year. Tenant Final Expense Amount or any Expense Adjustment Amount shall also pay not be deemed a default hereunder or a waiver of Landlord's right to Landlordcollect the Final Expense Amount or Expense Adjustment Amount, as Additional Rent, an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly by Tenant.case may be. 4.4

Expense Adjustment. Tenant shall pay to Landlord or Landlord, 's agent as Additional Rent, an amount a sum ("Expense Adjustment Amount") equal to the amount by which (i) the product of (a) Tenant's Proportionate Share of the Shared and (b) Operating Expenses (subject to adjustment pursuant to Paraxxxxx 0X xxxeof) incurred with respect to each Lease YearCalendar Year exceeds (ii) Base Year Operating Expenses. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount Expense Adjustment Amount with respect to each Lease Calendar Year shall be paid in monthly installments, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant, which estimate may be revised to reflect, without limitation, increases in Taxes during any period. Not later than ninety (90) days after Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Following the end close of each Lease Calendar Year, . Landlord shall cause the amount of the Expense Adjustment Amount for such Lease Calendar Year to be computed based on Operating Expenses for such Lease Calendar Year for the Building and Landlord shall deliver to Tenant a statement of such amount and Tenant shall pay any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Calendar Year pursuant to this Section 5.3 exceeds exceed the actual Expense Adjustment Amount due from Tenant for such Lease Calendar Year, at Landlord's option such excess shall be either credited against payments next due hereunder or refunded by Landlord, provided Tenant is not then in default hereunder. Delay in computation of the Expense Adjustment Amount or failure to deliver a statement of such amount shall not be deemed a default hereunder or a waiver of Landlord's right to collect the Expense Adjustment Amount. In computing the Expense Adjustment Amount, the following provisions relating to Taxes shall be applicable: The amount of any refund of Taxes received by Landlord within thirty (30) days shall be credited against Taxes for the Calendar Year in which such refund is received; provided, however, that in the event Landlord receives a refund of Taxes after the end termination date (as the same may be accelerated or extended as provided elsewhere in this Lease) which refund relates to a Calendar Year during the Term hereof, the amount of such refund fairly allocable to Tenant shall be refunded to Tenant by Landlord (net of Tenant's allocated share of the previous Lease Year. cost of obtaining such refund and the cost, if any, of making such refund); and further provided that if Tenant expands into space formerly occupied by other tenants, which expansion space becomes subject to this Lease, Tenant shall also pay not be entitled to Landlord, as Additional Rent, an amount equal any refund or credit in connection with a refund or abatement of Taxes for periods prior to the costs for the Exclusive Operating Expenses Tenant's occupancy of such expansion space. All references to Taxes "for" a particular Calendar Year shall be deemed to refer to Taxes due and the Additional Operating Expenses, except payable during such Calendar Year without regard to the extent when such items Taxes are metered assessed or submetered to Tenant and paid directly by Tenantlevied.

Expense Adjustment. Commencing on the Commencement Date and continuing throughout the remainder of the Term, Tenant shall pay to Landlord, Landlord as Additional Rent, on the first day of each calendar month, an amount ("Expense Amount") equal to one-twelfth (1/12) of Tenant's ’s Proportionate Share of the Shared Operating Expenses total amount of the Basic Costs incurred with respect to each Calendar Year in the Term of this Lease Year(the total amount paid by the Tenant in each Calendar Year being referred to herein as the “Expense Adjustment Amount”). The Tenant's Proportionate share of the Shared Operating Expenses, Expense Adjustment Amount for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount with respect to each Lease Calendar Year shall be paid in monthly installments, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to TenantTenant not more frequently than quarterly. Not later than ninety Landlord shall cause to be kept books and records showing Basic Costs in accordance with an appropriate system of accounts and account practices consistently maintained. Within one hundred and twenty (90120) days after following the end close of each Lease Calendar Year, Landlord shall cause the amount of the Expense Adjustment Amount which should have been paid by Tenant for such Lease Calendar Year (the “Final Expense Amount”) to be computed based on Operating Expenses the basis of the actual Basic Costs for such Lease Year for the Building each Calendar Year, and Landlord shall deliver to Tenant a statement of such amount and Final Expense Amount. If the Final Expense Amount exceeds the Expense Adjustment Amount, Tenant shall pay any such deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year pursuant to this Section 5.3 Expense Adjustment Amount exceeds the actual Final Expense Amount due from Tenant for such Lease YearAmount, then at Landlord’s option such excess shall be either credited against payments of Additional Rent next due or refunded by Landlord within thirty (30) days after the end Landlord, provided no Tenant Event of Default exists hereunder. Delay in computation of the previous Lease Year. Tenant Final Expense Amount or any Expense Adjustment Amount shall also pay not be deemed a default hereunder or a waiver of Landlord’s right to Landlordcollect the Final Expense Amount or Expense Adjustment Amount, as Additional Rent, an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly by Tenantcase may be.

Expense Adjustment. Tenant shall pay to Landlord or Landlord, 's agent as Additional Rent, an amount ("Expense Adjustment Amount") equal to the Tenant's Proportionate Share of the Shared total Operating Expenses (as such total may be adjusted) incurred with respect to each Lease Calendar Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share Landlord’s reasonable estimate of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount Expense Adjustment Amount with respect to each Lease Calendar Year shall be paid in monthly installments, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant, or, at Landlord’s option, Tenant shall pay the Expense Adjustment Amount annually within fifteen (15) business days of demand. Not later than ninety (90) days after Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Within a reasonable time following the end close of each Lease Calendar Year, Landlord shall cause the amount of the Expense Adjustment Amount for such Lease Calendar Year to be computed based on the actual Operating Expenses for such Lease Calendar Year for the Building and Landlord shall deliver to Tenant a statement of the actual Operating Expenses and the Expense Adjustment Amount for such amount Calendar Year and Tenant shall pay any deficiency to Landlord as shown by such statement within ninety fifteen (9015) business days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Calendar Year pursuant to this Section 5.3 exceeds the actual Expense Adjustment Amount due from Tenant for such Lease Calendar Year, provided Tenant is not in default of its obligations hereunder, any such excess shall be be, at Landlord’s option: (i) refunded by Landlord to Tenant within thirty (30) business days after the end of Landlord’s delivery of the previous Lease Yearnotice regarding such amounts, or (ii) credited against any amount then due to Landlord or, if none, against payments next due hereunder. Tenant agrees that if less than 95% of the Building’s rentable area shall also pay have been occupied by tenants at any time during any Calendar Year, Operating Expenses shall be determined for such Calendar Year to Landlord, as Additional Rent, be an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except like expense which would normally be expected to the extent be incurred had such items are metered or submetered to Tenant and paid directly by Tenantoccupancy been 95% throughout such Calendar Year.

Expense Adjustment. Tenant shall pay to Landlord or Landlord, ’s agent as Additional Rent, an amount ("“Expense Adjustment Amount"”) equal to Tenant's ’s Proportionate Share of the Shared amount of Operating Expenses incurred with respect to each Lease Calendar Year plus Tenant’s pro rata share of the special allocation of Operating Expenses to occupied premises if Paragraph 3.B. is applicable for such Calendar Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount Expense Adjustment Amount with respect to each Lease Calendar Year shall be paid in monthly installments, installments during such Calendar year in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant. Not later The monthly estimated installments shall not be changed more than ninety (90) days after twice in any Calendar Year. Such estimates shall be computed in a reasonable manner and shall take into account actual increases in Operating Expenses for the end preceding Calendar Year. In no event shall such estimates exceed the maximum Additional Rent that could be payable by Tenant as a result of the operation of the applicable Additional Rent Limitation, if any, for such Calendar Year. Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Following the close of each Lease Calendar Year, Landlord shall cause the amount of the Expense Adjustment Amount for such Lease Calendar Year to be computed based on Operating Expenses for such Lease Calendar Year for the Building and Landlord shall deliver to Tenant a statement of such amount plus a statement of all estimated installments paid by Tenant with respect to such Calendar Year. Such statement shall be prepared and certified by a certified public accountant, setting forth in detail the computation of the Expense Adjustment Amount. Tenant shall pay to Landlord any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year pursuant exceed the amount due, Landlord shall either credit the excess against payments next due to this Section 5.3 exceeds the actual Expense Amount due Landlord from Tenant for hereunder or, if such Lease Year, such credit is in excess shall be refunded by Landlord of payments due within thirty (30) days after thereafter and if Tenant is not then in default hereunder, refund the end excess to Tenant within fifteen (15) days thereafter. The obligation of Landlord to refund excess amounts shall survive expiration of the previous Lease YearTerm. Tenant Delay in computation of the Expense Adjustment Amount shall also not be deemed a default hereunder or a waiver of Landlord’s right to collect the Expense Adjustment Amount; however, in the event of such a delay which extends more than ninety (90) days after Landlord has received all bills and invoices necessary to so compute the Expense Adjustment Amount, Landlord shall pay to Landlord, as Additional Rent, an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered credit to Tenant and paid directly by interest at the rate of one percent (1%) plus Prime Rate on any excess amount which Landlord is obligated to credit or refund to Tenant calculated from such 90th day until the amount is so credited or refunded to Tenant.

Expense Adjustment. (i) Tenant shall pay to Landlord, as Additional Rent, additional rent for each Lease Year an amount (the "Expense Adjustment Amount") equal to Tenant's Proportionate Share of the Shared Operating Expenses incurred with respect to each Lease Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (increase in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount with respect to each Lease Year shall be paid in monthly installments, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant. Not later than ninety (90) days after the end of each Lease Year, Landlord shall cause the amount of the Expense Amount for such Lease Year to be computed based on Operating Expenses for such Lease Year above the Operating Expenses for the Building Base Year, and if the Term shall terminate on a date other than December 31, the Expense Adjustment Amount for the last Lease Year of the Term shall be an amount equal to Tenant's Share of Operating Expenses for the full calendar year in which the Term ends multiplied by a fraction, the numerator of which shall be the number of months and partial months during such calendar year which coincide with the Term, and the denominator of which shall be twelve. Tenant shall also pay to Landlord (in the manner as set forth below) Tenant's Share of the excess, if any, of Taxes for such calendar year over Taxes for the Base Year. Within a reasonable amount of time after the end of the calendar year, Landlord shall deliver to furnish Tenant with a statement of such amount and the Taxes incurred by Landlord for the prior calendar year and, after the end of the first calendar year only, a statement of the Taxes incurred by Landlord for the Base Year. If the Taxes incurred by Landlord for any year subsequent to the Base Year exceed the Taxes incurred by Landlord during the Base Year, then Tenant shall pay any deficiency to the Landlord as shown by such statement within ninety (90) days after receipt the Tenant's Share of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year pursuant to this Section 5.3 exceeds the actual Expense Amount due from Tenant for such Lease Yearincrease in Taxes, such excess shall be refunded by Landlord without demand, within thirty (30) days after from the end sending of the previous Lease Yearsuch statement by Landlord to Tenant. The amount of said deficiency to be paid by Tenant shall also pay hereafter be referred to Landlord, as Additional Rent, an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly by Tenant"Tax Adjustment Amount".

Expense Adjustment. Tenant shall pay to Landlordpay, as Additional RentCharges, an amount ("hereinafter referred to as the “Expense Adjustment Amount"”) equal to Tenant's Proportionate ’s Expense Share of the Shared amount of Operating Expenses incurred with respect to each Lease Year; except that Tenant shall be required to pay only a pro rata amount of the Expense Adjustment Amount for the Lease Years in which the first and last days of the Term occur pro rated on a per diem basis. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount Expense Adjustment Amount with respect to each Lease Year shall be paid in monthly installmentsinstallments in advance on the first day of each and every calendar month during such Lease Year, commencing on the Commencement Date, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant. Not later than ninety (90) days after Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Tenant shall not, however, have any right to audit Landlord’s books and records pertaining to Operating Expenses. Following the end close of each Lease Year, Landlord shall cause the amount of the Expense Amount for such Lease Year to be computed based on Operating Expenses for such Lease Year for the Building and Landlord shall deliver to Tenant a statement setting forth (i) the actual Expense Adjustment Amount for such Lease Year; (ii) the total of the estimated monthly installments of the Operating Expense Adjustment Amount paid to Landlord for such Lease Year; and (iii) the amount and of any excess or deficiency with respect to such Lease Year. Tenant shall pay any deficiency to Landlord as shown by such statement within ninety (90) 30 days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year pursuant to this Section 5.3 exceeds the actual Expense Adjustment Amount due from Tenant for such Lease Year, at Landlord’s option such excess shall be either credited against payments next due hereunder or refunded by Landlord within thirty (30) days after the end of the previous Lease Year. Tenant shall also pay to Landlord, as Additional Rent, an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to provided Tenant and paid directly by Tenantis not then in default hereunder.

Expense Adjustment. Commencing on the Commencement Date and continuing throughout the remainder of the Term, Tenant shall pay to Landlord, Landlord as Additional Rent, on the first day of each calendar month, an amount ("Expense Amount") equal to one-twelfth (1/12) of Tenant's ’s Proportionate Share of the Shared Operating Expenses total amount of the Basic Costs incurred with respect to each Calendar Year in the Term of this Lease Year(the total amount paid by the Tenant in each Calendar Year being referred to herein as the “Expense Adjustment Amount”). The Tenant's Proportionate share of the Shared Operating Expenses, Expense Adjustment Amount for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount with respect to each Lease Calendar Year shall be paid in monthly installments, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to TenantTenant not more frequently than quarterly. Not later than ninety (90) days after Landlord shall cause to be kept books and records showing Basic Costs in accordance with an appropriate system of accounts and account practices consistently maintained. Following the end close of each Lease Calendar Year, Landlord shall cause the amount of the Expense Adjustment Amount which should have been paid by Tenant for such Lease Calendar Year (the “Final Expense Amount”) to be computed based on Operating Expenses the basis of the actual Basic Costs for such Lease Year for the Building each Calendar Year, and Landlord shall deliver to Tenant a statement of such amount and Final Expense Amount. If the Final Expense Amount exceeds the Expense Adjustment Amount, Tenant shall pay any such deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year pursuant to this Section 5.3 Expense Adjustment Amount exceeds the actual Final Expense Amount due from Tenant for such Lease YearAmount, then at Landlord’s option such excess shall be either credited against payments of Additional Rent next due or refunded by Landlord within thirty (30) days after the end Landlord, provided no Tenant Event of Default exists hereunder. Delay in computation of the previous Lease Year. Tenant Final Expense Amount or any Expense Adjustment Amount shall also pay not be deemed a default hereunder or a waiver of Landlord’s right to Landlordcollect the Final Expense Amount or Expense Adjustment Amount, as Additional Rentthe case may be. Landlord estimates that Tenant’s Expense Adjustment Amount as of the Commencement Date will be $0.21 per Rentable Square Foot of the Premises per month provided, however that the foregoing is an amount equal estimate only and shall be subject to adjustment during the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly by TenantTerm as provided in this Section 4.3.

Expense Adjustment. Tenant shall pay to Landlord or Landlord, 's ------------------ agent as Additional Rent, an amount ("Expense Adjustment Amount") equal to Tenant's Proportionate Share of the Shared amount of Operating Expenses incurred with respect to each Lease Calendar Year plus Tenant's pro rata share of the special allocation of Operating Expenses to occupied premises if Section 3D is applicable for such Calendar Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount Expense Adjustment Amount with respect to each Lease Calendar Year shall be paid in monthly installments, installments during such Calendar Year in an amount reasonably estimated from time to time by Landlord and communicated by written notice to TenantXxxxxx. Not later than ninety Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Within three (903) days months after the end close of each Lease YearCalendar Year or as soon thereafter as is reasonably practicable, Landlord shall cause the amount of the Expense Adjustment Amount for such Lease Calendar Year to be computed based on Operating Expenses for such Lease Calendar Year for the Building and Landlord shall deliver to Tenant a statement of such amount and plus a statement of all estimated installments paid by Tenant with respect to such Calendar Year. Tenant shall pay to Landlord any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. If the total of the estimated monthly installments paid by exceed the amount due, and if Tenant during any Lease Year pursuant is not then in default hereunder, Landlord shall either credit the excess against payments next due to this Section 5.3 exceeds the actual Expense Amount due Landlord from Tenant for such Lease Yearhereunder or, such at Xxxxxxxx's option, refund the excess shall be refunded by Landlord to Tenant within thirty (30) days after the end following Xxxxxxxx's determination. Delay in computation of the previous Lease YearExpense Adjustment Amount shall not be deemed a default hereunder or a waiver of Landlord's right to collect the Expense Adjustment Amount. Tenant In no event shall also pay to Landlord, as Additional Rent, an amount equal to Landlord recover the costs for the Exclusive cost of any item of Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly by Tenantmore than once.

Expense Adjustment. Tenant shall pay to LandlordLandlord as Rent, as Additional Rentin addition to the Base Rent required by Section 3 hereof, an amount ("Expense Amount") equal to Tenant's Proportionate Share of the Shared total of Taxes paid during each Calendar Year and Operating Expenses incurred with respect to each Lease Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount with respect to each Lease Calendar Year said amounts shall be paid in in-monthly installments, in an amount reasonably estimated from time to time by Landlord but not to exceed twice per Calendar Year, and communicated by written notice to Tenant. Not later than ninety (90) days after Landlord shall cause to be kept books and records showing Operating Expenses and Taxes in accordance with an appropriate system of accounts and 4 26 accounting practices consistently maintained. As promptly as practicable following the end close of each Lease Calendar Year. Landlord shall cause a firm of independent public accountants to review such books and records (and to do such other work as may be necessary to enable such firm to give the certificate hereinafter required) and to deliver to Landlord its certificate specifying the amount of Operating Expenses and Taxes for such Calendar Year for the Building. After receipt of such certificate, Landlord shall cause the amount of the Expense Amount total of taxes and operating expenses for such Lease Year calendar year to be computed based on Operating Expenses and Taxes for such Lease Calendar Year for the Building as specified in such firm's certificate and Landlord shall deliver to Tenant a statement of such amount and Tenant shall pay any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. The certificate of such independent accounting firm as to the amount of Operating Expenses and Taxes for such Calendar Year for the Building shall constitute a determination which is final and conclusive on Tenant. If the total of the estimated monthly installments paid by Tenant during any Lease Calendar Year pursuant to this Section 5.3 exceeds the actual Expense Expenses Adjustment Amount due from Tenant for such Lease Calendar Year, at Landlord's option, such excess shall be either credited against payments next due hereunder or refunded by Landlord, provided Tenant is not then in default hereunder. The amount of any refund of Taxes received by Landlord within thirty (30) days after shall be credited against Taxes for the end year in which such refund is received. In determining the amount of Taxes for any year, the amount of special assessments to be included shall be limited to the amount of the previous Lease Yearinstallment (plus any interest payable thereon) of such special assessment required to be paid during such year if the Landlord had elected to have such special assessment paid over the maximum period of time permitted by law. All references to Taxes "for" a particular year shall be deemed to refer to Taxes paid during such year without regard to when such Taxes are assessed or levied. Notwithstanding the contents of the above paragraph, Tenant shall also have the right to pay its Expenses Adjustment Amount under protest and cause an audit of Landlord's books and records to Landlord, as Additional Rent, an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly be conducted by Tenant's certified public accountant at its own expenses. If the result of that audit shows a variance exceeding 3% from the results of Landlord's certificate, Landlord shall pay the reasonable cost of Tenant's audit and refund Tenant's share of the variance, together with interest at the then-current prime rate as published and utilized by First National Bank, Chicago, plus two (2) per cent. 5.

Expense Adjustment. Tenant shall pay to Landlordpay, as Additional Rent, an amount (hereinafter referred to as the "(Expense Adjustment Amount") equal to Tenant's Proportionate Share of the Shared amount by which the Operating Expenses (subject to adjustment pursuant to Xxxxxxxxx 0X hereof) incurred with respect to each Lease YearYear after the first Lease Year exceed the Operating Expense Stop set forth in the Schedule. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twentyIf less than ninety-five percent (2595%) of the Building's total Shared Operating Expenses for rentable area shall have been occupied by tenants at any time during any Lease Year, then the building. If space on the third floor is leased (Expense Adjustment Amount shall be increased to an amount which Landlord in good faith and in accordance with section 18.2) Tenant shall pay its proportionate share sound accounting principles, consistently applied, determines the Expense Adjustment Amount would have been for such Lease Year had occupancy of the third floor expenses. These expenses are stipulated to be twentyBuilding been ninety-five percent (2595%) throughout such Lease Year. if the Lease Year in which the last day of the total shared operating expensesTerm occurs is shorter than twelve (12) months, the Operating Expense Stop shall be prorated based on the number of days in such Lease Year. This amount The Expense Adjustment Amount with respect to each Lease Year shall be paid in monthly installmentsinstallments in advance on the first day of each and every calendar month during such Lease Year, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant. Not later than ninety (90) days after the end of each Lease Year, Landlord shall cause the amount of the Expense Amount for such Lease Year to be computed based on kept books and records showing Operating Expenses for such Lease Year for the Building and in accordance with sound accounting principles, consistently applied. Landlord shall deliver to Tenant a reasonably detailed statement setting forth (a) the actual Operating Expenses and Expense Adjustment Amount for such Lease Year; (b) the total of the estimated monthly installments of the Operating Expense Adjustment Amount paid to Landlord for such Lease Year; and (c) the amount and of any excess or deficiency of Expense Adjustment Amount previously paid with respect to such Lease Year. Tenant shall pay any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. Upon Tenant's written request, Landlord shall furnish Tenant with copies of all relevant tax bills with such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Year pursuant to this Section 5.3 exceeds the actual Expense Adjustment Amount due from Tenant for such Lease Year, such excess shall be refunded by Landlord within thirty (30) days after delivery to Tenant of such statement, provided Tenant is not then in default hereunder. In lieu of receiving such overpayment, provided Tenant is not then in default hereunder, Tenant, upon Landlord's prior written approval, may deduct the end amount of such overpayment from the previous Lease Yearsucceeding installment of Annual Base Rent or Additional Rent coming due hereunder. Tenant shall also pay have no right to Landlord, as Additional Rent, an amount equal to audit or inspect the costs for records of Landlord or the Exclusive Operating Expenses and the Additional Operating ExpensesProperty, except to the extent such items are metered or submetered to Tenant and paid directly by Tenantas expressly provided in Exhibit C attached hereto.

Expense Adjustment. Tenant shall pay to Landlord or Landlord, 's agent as Additional Rent, an amount ("Expense Adjustment Amount") equal to Tenant's Proportionate Share of the Shared amount of Operating Expenses incurred with respect to each Lease Calendar Year plus Tenant's pro rata share of the special allocation of Operating Expenses to occupied premises if Section 3D is applicable for such Calendar Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount Expense Adjustment Amount with respect to each Lease Calendar Year shall be paid in monthly installments, installments during such Calendar Year in an amount reasonably estimated from time to time by Landlord (but in no event shall Landlord revise such estimate more than two (2) times in any Calendar Year) and communicated by written notice to Tenant. Not later than ninety Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Within six (906) days after months following the end close of each Lease Calendar Year, Landlord shall cause the amount of the Expense Adjustment Amount for such Lease Calendar Year to be computed based on Operating Expenses for such Lease Calendar Year for the Building and Landlord shall deliver to Tenant a statement of such amount and plus a statement of all estimated installments paid by Tenant with respect to such Calendar Year. Tenant shall pay to Landlord any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. If the total of the estimated monthly installments paid by exceed the amount due, and if Tenant during is not then in default (beyond the expiration of any Lease Year pursuant applicable cure period) hereunder, Landlord shall either credit the excess against payments of Base Rent and Additional Rent next due to this Section 5.3 exceeds the actual Expense Amount due Landlord from Tenant for such Lease Yearhereunder or, such at Tenant's option, refund the excess shall be refunded by Landlord to Tenant within thirty (30) days after the end following Landlord's determination. Delay in computation of the previous Lease Year. Tenant -5- Expense Adjustment Amount shall also pay not be deemed a default hereunder or a waiver of Landlord's right to Landlord, as Additional Rent, an amount equal to collect the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly by TenantExpense Adjustment Amount.

Expense Adjustment. Tenant shall pay to Landlord, as Additional Rent, an amount ("Replaced per 2nd amendment. The Expense Amount") equal to Tenant's Proportionate Share of the Shared Operating Expenses incurred Adjustment Amount with respect to each Lease Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount with respect to each Lease Calendar Year shall be paid in monthly installments, in an amount reasonably estimated from time to time by Landlord in good faith and communicated by written notice to Tenant, which estimate may be revised to reflect, without limitation, increases in Taxes during any period. Not later than ninety Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Within twelve (9012) days months after the end close of each Lease Calendar Year, Landlord shall cause the amount of the Expense Adjustment Amount for such Lease Calendar Year to be computed based on Operating Expenses for such Lease Calendar Year for the Building and Landlord shall deliver to Tenant a statement of such amount and Tenant shall pay any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Calendar Year pursuant to this Section 5.3 exceeds exceed the actual Expense Adjustment Amount due from Tenant for such Lease Calendar Year, such excess amount shall be refunded by Landlord within thirty (30) days after the end of the previous Lease Yeardelivery of the statement to Tenant, provided Tenant is not then in monetary default hereunder or in other than monetary default beyond applicable periods of notice and cure. Tenant shall also have the right to audit Landlord’s books and records relating to Operating Expenses incurred during the Term provided such audit shall be conducted by professional auditors; may occur not more often than once in a year; shall be conducted within twelve months (plus any period for which Landlord defers the audit as provided in this sentence) of receipt of a statement of Operating Expense Adjustment for the Calendar Year being audited; shall be conducted during regular business hours of Landlord on not less than fifteen (15) business days’ notice and may be deferred by Landlord by notice given at least ten (10) business days before the date proposed by Tenant, for up to three (3) months to a date convenient to Landlord. In the event the results of such audit disclose an overcharge of Tenant, Landlord shall promptly refund the amount of such overcharge to Tenant. In addition, if as a result of such audit, Operating Expenses are found to be overstated by more than ten percent (10%), Landlord shall pay to Tenant, Tenant’s reasonable cost of conducting such audit. Delay in computation of the Expense Adjustment Amount or failure to deliver a statement of such amount shall not be deemed a default hereunder or a waiver of Landlord’s right to collect the Expense Adjustment Amount. In computing the Expense Adjustment Amount, as Additional Rent, an the following provisions relating to Taxes shall be applicable: The amount equal to the costs of any refund of Taxes received by Landlord shall be credited against Taxes for the Exclusive Operating Expenses Calendar Year in which such refund is received; provided, however, that in the event Landlord receives a refund of Taxes after the Termination Date (as the same may be accelerated or extended as provided elsewhere in this Lease) which refund relates to a Calendar Year during the Term hereof, the amount of such refund fairly allocable to Tenant shall be refunded to Tenant by Landlord within ninety (90) days of Landlord’s receipt of same (net of Tenant’s allocated share of the cost of obtaining such refund and the Additional Operating Expensescost, except if any, of making such refund); and further provided that if Tenant expands into space formerly occupied by other tenants, which expansion space becomes subject to the extent this Lease, Tenant shall not be entitled to any refund or credit with respect to such items expansion space in connection with a refund or abatement of Taxes for periods prior to Tenant’s occupancy of such expansion space. All references to Taxes “for” a particular Calendar Year shall be deemed to refer to Taxes due and payable during such Calendar Year without regard to when such Taxes are metered assessed or submetered to Tenant and paid directly by Tenantlevied.

Expense Adjustment. Tenant shall pay to Landlord or Landlord, 's agent as Additional Rent, an amount ("Expense Adjustment Amount") equal to Tenant's Proportionate Share of the Shared amount of Operating Expenses plus Tenant's pro rata share of the special allocation of Variable Operating Expenses (as defined in Section 3(c)) incurred with respect to each Lease YearCalendar Year or any portion thereof. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount Expense Adjustment Amount with respect to each Lease Calendar Year shall be paid in monthly installments, installments during that Calendar Year in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant. Not later than ninety (90) days after Following the end close of each Lease Calendar Year, Landlord shall cause the amount of compute the Expense Adjustment Amount for such Lease that Calendar Year to be computed based on the Operating Expenses (and any special allocation of Variable Operating Expenses) for such Lease that Calendar Year for the Building and Landlord shall deliver to Tenant a statement of such amount and Tenant shall pay any deficiency to Landlord as shown by such the Expense Adjustment Amount plus a statement within ninety (90) days after receipt of such statement. If the total of the all estimated monthly installments paid by Tenant during with respect to that Calendar Year. Tenant shall pay to Landlord any Lease Year pursuant to this Section 5.3 exceeds deficiency shown by the actual Expense Amount due from Tenant for such Lease Year, such excess shall be refunded by Landlord statement within thirty (30) days after Tenant receives the end statement. If the installments paid exceed the amounts due, Landlord shall either credit the excess against Rent or any other payment next due to Landlord from Tenant hereunder or at Landlord's option, and if Tenant is not then in Default hereunder, refund the excess to Tenant. If Tenant is then in Default hereunder, Landlord shall apply the difference first to any delinquent Rent hereunder (including interest thereon) and then to the next succeeding payments of Rent coming due hereunder. The foregoing obligations of Landlord and Tenant shall survive the expiration of the previous Lease YearTerm. Delay in computation of the Expense Adjustment Amount shall not be deemed a default hereunder or a waiver of Landlord's right to collect the Expense Adjustment Amount. Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Tenant shall also pay have the right to audit or cause to be audited by a firm of certified public accountants designated by Tenant, Landlord’s books and records in respect of Operating Expenses, as Additional Rentthe cost (including, an amount equal without limitation, the charges of such accountants) of which shall be borne by Tenant unless it is demonstrated that Landlord has overstated Tenant’s Expense Adjustment Amount by more than five percent (5%), in which case Landlord shall bear the reasonable cost of the audit. Notwithstanding anything contained herein to the costs contrary, any audit by Tenant (or by Tenant’s accountants, but not by an independent consultant on a contingency fee basis) of Operating Expenses for any calendar year must occur during normal business hours upon at least two (2) weeks prior written notice; such audit must be commenced within the Exclusive three (3) month period following Tenant’s receipt of Landlord’s statement of Operating Expenses and completed within the Additional six (6) month period following Tenant’s receipt of Landlord’s statement of Operating Expenses. Any overpayment by Tenant, except if Tenant is not then in Default hereunder, shall be credited against the next payment of Rent due to Landlord from Tenant hereunder and if such amount exceeds the next payment of Rent due Landlord from Tenant hereunder such excess shall be refunded to Tenant. If Tenant is then in Default hereunder, Landlord shall apply the difference first to any delinquent Rent hereunder (including interest thereon) and then to the extent next succeeding payment of Rent coming due hereunder. All information obtained by Tenant in connection with such items are metered or submetered to audit shall be utilized by Tenant and paid directly by Tenantits accountants and attorneys on a confidential basis and shall not be shared with other tenants in the Building or their representatives.

Expense Adjustment. Tenant shall pay to Landlord or Landlord, 's agent as Additional Rent, an amount ("Expense Adjustment Amount") equal to Tenant's Proportionate Share of the Shared amount of Operating Expenses incurred with respect to each Lease Calendar Year plus Tenant's pro rata share of the special allocation of Operating Expenses to occupied premises if Section 3B is applicable for such Calendar Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount Expense Adjustment Amount with respect to each Lease Calendar Year shall be paid in monthly installments, installments during such Calendar Year in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant. Not later than ninety (90) days after Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Following the end close of each Lease Calendar Year, Landlord shall cause the amount of the Expense Adjustment Amount for such Lease Calendar Year to be computed based on Operating Expenses for such Lease Calendar Year for the Building and Landlord shall deliver to Tenant a statement of such amount and plus a statement of all estimated installments paid by Tenant with respect to such Calendar Year. Tenant shall pay to Landlord any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. If the total installments paid exceed the amount due (such excess is sometimes referred to herein as the "Expense Credit Amount"), Landlord shall credit the Expense Credit Amount against payments next due to Landlord from Tenant hereunder; provided that, if the Expense Credit Amount exceeds the amount of payments next due to Landlord from Tenant hereunder, Landlord shall promptly pay Tenant the amount by which the Expense Credit Amount exceeds the amount of payments next due to Landlord from Tenant hereunder. Delay in computation of the estimated monthly installments paid by Tenant during any Lease Year pursuant Expense Adjustment Amount shall not be deemed a default hereunder or a waiver of Landlord's right to this Section 5.3 exceeds collect the actual Expense Amount due from Tenant for such Lease Year, such excess shall be refunded by Landlord within thirty (30) days after the end of the previous Lease Year. Tenant shall also pay to Landlord, as Additional Rent, an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly by TenantAdjustment Amount.

Expense Adjustment. Tenant shall pay to LandlordLandlord as Rent, as Additional Rentin addition to the Base Rent required by Section 3 hereof, an amount ("Expense Amount") equal to Tenant's Proportionate Share of the Shared total of Taxes paid during each Calendar Year and Operating Expenses incurred with respect to each Lease Year. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount with respect to each Lease Calendar Year said amounts shall be paid in in-monthly installments, in an amount reasonably estimated from time to time by Landlord but not to exceed twice per Calendar Year, and communicated by written notice to Tenant. Not later than ninety (90) days after Landlord shall cause to be kept books and records showing Operating Expenses and Taxes in accordance with an appropriate system of accounts and 4 28 accounting practices consistently maintained. As promptly as practicable following the end close of each Lease Calendar Year. Landlord shall cause a firm of independent public accountants to review such books and records (and to do such other work as may be necessary to enable such firm to give the certificate hereinafter required) and to deliver to Landlord its certificate specifying the amount of Operating Expenses and Taxes for such Calendar Year for the Building. After receipt of such certificate, Landlord shall cause the amount of the Expense Amount total of taxes and operating expenses for such Lease Year calendar year to be computed based on Operating Expenses and Taxes for such Lease Calendar Year for the Building as specified in such firm's certificate and Landlord shall deliver to Tenant a statement of such amount and Tenant shall pay any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. The certificate of such independent accounting firm as to the amount of Operating Expenses and Taxes for such Calendar Year for the Building shall constitute a determination which is final and conclusive on Tenant. If the total of the estimated monthly installments paid by Tenant during any Lease Calendar Year pursuant to this Section 5.3 exceeds the actual Expense Expenses Adjustment Amount due from Tenant for such Lease Calendar Year, at Landlord's option, such excess shall be either credited against payments next due hereunder or refunded by Landlord, provided Tenant is not then in default hereunder. The amount of any refund of Taxes received by Landlord within thirty (30) days after shall be credited against Taxes for the end year in which such refund is received. In determining the amount of Taxes for any year, the amount of special assessments to be included shall be limited to the amount of the previous Lease Yearinstallment (plus any interest payable thereon) of such special assessment required to be paid during such year if the Landlord had elected to have such special assessment paid over the maximum period of time permitted by law. All references to Taxes "for" a particular year shall be deemed to refer to Taxes paid during such year without regard to when such Taxes are assessed or levied. Notwithstanding the contents of the above paragraph, Tenant shall also have the right to pay its Expenses Adjustment Amount under protest and cause an audit of Landlord's books and records to Landlord, as Additional Rent, an amount equal to the costs for the Exclusive Operating Expenses and the Additional Operating Expenses, except to the extent such items are metered or submetered to Tenant and paid directly be conducted by Tenant's certified public accountant at its own expenses. If the result of that audit shows a variance exceeding 3% from the results of Landlord's certificate, Landlord shall pay the reasonable cost of Tenant's audit and refund Tenant's share of the variance, together with interest at the then-current prime rate as published and utilized by First National Bank, Chicago, plus two (2) per cent. 5.

Expense Adjustment. Tenant shall pay to Landlord or Landlord, 's agent as Additional Rent, an amount a sum ("Expense Adjustment Amount") equal to Tenant's Proportionate Share of the Shared amount by which (i) Operating Expenses (subject to adjustment pursuant to Paragraph 36C hereof) incurred with respect to each Lease YearCalendar Year exceeds (ii) Base Year Operating Expenses. The Tenant's Proportionate share of the Shared Operating Expenses, for the fourth floor premises, shall be twenty-five percent (25%) of the total Shared Operating Expenses for the building. If space on the third floor is leased (in accordance with section 18.2) Tenant shall pay its proportionate share of the third floor expenses. These expenses are stipulated to be twenty-five percent (25%) of the total shared operating expenses. This amount Expense Adjustment Amount with respect to each Lease Calendar Year shall be paid in monthly installments, in an amount reasonably estimated from time to time by Landlord and communicated by written notice to Tenant, which estimate may be revised to reflect, without limitation, increases in Taxes during any period. Not later than ninety (90) days after Landlord shall cause to be kept books and records showing Operating Expenses in accordance with an appropriate system of accounts and accounting practices consistently maintained. Following the end close of each Lease Calendar Year, Landlord shall cause the amount of the Expense Adjustment Amount for such Lease Calendar Year to be computed based on Operating Expenses for such Lease Calendar Year for the Building and Landlord shall deliver to Tenant a statement of such amount and Tenant shall pay any deficiency to Landlord as shown by such statement within ninety thirty (9030) days after receipt of such statement. If the total of the estimated monthly installments paid by Tenant during any Lease Calendar Year pursuant to this Section 5.3 exceeds exceed the actual Expense Adjustment Amount due from Tenant for such Lease Calendar Year, at Landlord's option such excess shall be either credited against payments next due hereunder or refunded by Landlord, provided Tenant is not then in default hereunder. Delay in computation of the Expense Adjustment Amount or failure to deliver a statement of such amount shall not be deemed a default hereunder or a waiver of Landlord's right to collect the Expense Adjustment Amount. In computing the Expense Adjustment Amount, the following provisions relating to Taxes shall be applicable: The amount of any refund of Taxes received by Landlord within thirty (30) days shall be credited against Taxes for the Calendar Year in which such refund is received; provided, however, that in the event Landlord receives a refund of Taxes after the end Termination Date (as the same may be accelerated or extended as provided elsewhere in this Lease) which refund relates to a Calendar Year during the Term hereof, the amount of such refund fairly allocable to Tenant shall be refunded to Tenant by Landlord (net of Tenant's allocated share of the previous Lease Year. cost of obtaining such refund and the cost, if any, of making such refund); and further provided that if Tenant expands into space formerly occupied by other tenants, which expansion space becomes subject to this Lease, Tenant shall also pay not be entitled to Landlord, as Additional Rent, an amount equal any refund or credit in connection with a refund or abatement of Taxes for periods prior to the costs for the Exclusive Operating Expenses Tenant's occupancy of such expansion space. All references to Taxes "for" a particular Calendar Year shall be deemed to refer to Taxes due and the Additional Operating Expenses, except payable during such Calendar Year without regard to the extent when such items Taxes are metered assessed or submetered to Tenant and paid directly by Tenantlevied.