Common use of Maintenance of Common Areas Clause in Contracts

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, Tenant’s Pro-Rata Share (as determined below) of the costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e). Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvements; all Real Property Taxes levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repaying, striping or restriping, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business and occupations taxes; and a reasonable fee to Landlord for Landlord’s supervision of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three five percent (35%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-'s Pro Rata Share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e("Common Area Expenses"). Common Area costs Expenses include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire insurance and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three five percent (35%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costsExpenses. Common Area costs Expenses shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvements; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business and occupations taxes; and a reasonable fee to Landlord Management Fees provided that Tenant's pro rata share of Management Fees for Landlord’s supervision the Project shall not exceed $.05 per square foot of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year)Property. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that , any capital expenses or replacements, or any expenses incurred for the costs for maintaining benefit of any tenant or tenant space in the emergency generator shall be divided pro-rata among the four buildings to which it is connectedProject.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Parkrepair, in Landlord’s 's reasonable discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, Tenant’s Pro-Rata Share (as determined below) of the pay all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in accordance with the manner stated in provisions of Section 4.05(e)4.08. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); maintenance of the exterior of the Building (including painting); premiums for liability, property damage, fire and other types of casualty Tenant JJ Landlord JH 11 insurance on the Common Areas and all Common Area improvements; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property Property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business items and occupations taxesany other maintenance, repair or replacement items normally associated with the foregoing.; and a reasonable fee to Landlord reserves for Landlord’s supervision of the Common Areas roof replacement and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year)exterior painting and other appropriate reserves. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costsCosts. Common Area costs shall not include (i) depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the Area, or (ii) those costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connectedset forth on Exhibit "C" attached hereto.

Maintenance of Common Areas. Landlord Landlord, or the management company under the Project CC&Rs (“CC&R Management Company”), as applicable, shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretion, as a first-class industrial/commercial real property developmentrepair. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-'s Pro Rata Share (as determined below) of the all costs specified below and incurred by Landlord for (whether incurred by the operation CC&R Management Company and maintenance of passed-through to Landlord under the Project CC&Rs or whether incurred directly by Landlord) in connection with operating, administering, managing, maintaining, repairing and replacing the Common Areas in the manner stated in Section 4.05(e(“Common Area Costs”). Common Area costs Costs include, but are not limited to, costs and expenses for and in connection with the following: following (to the emergency generator extent provided): gardening and landscaping; snow and ice removal; exterior building maintenance and repair, including common dock areas; maintenance, repair and replacement of the structural portions of the Premises; capital improvements, striping, paving, slurrying and lighting of the parking areas; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ Tenants' signs); janitorial services; security; maintenance and repair of sprinkler systems, ponds and fountains; maintenance and repair of signage, indoor plants, and atriums; maintenance and repair of any fire protection systems, elevator systems, lighting systems, storm drainage systems, and other utility systems; any governmental imposition or surcharge imposed upon Landlord or assessed against the Project or portion thereof; telecommunication expenses; window cleaning; elevator or escalator services; material handling; premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvements; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; costs incurred by Landlord pursuant to Section 6.03 below; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; owner’s association fees and dues and costs pursuant to any easement or other agreement of record to which the Premises is subject, including without limitation under the Project CC&Rs; shared fire pump costs; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business roof maintenance and occupations taxesrepairs, reserves for roof replacement and exterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s supervision of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year)Areas. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costsCosts. Common Area costs Costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge Landlord shall have the right (but not the obligation) to allocate to the Premises, as Common Area Costs, an appropriate portion of those expenses which are incurred with respect to the Project as a whole, including without limitation charges, assessments, dues and agree membership fees assessed by any owners’ association. Notwithstanding anything to the contrary in this Lease, Tenant acknowledges that the CC&R Management Company under the Project CC&Rs has the right and obligation to perform certain maintenance and repairs of portions of the Project and Common Areas and the costs for maintaining the emergency generator reimbursable by Landlord in connection therewith shall be divided pro-rata among deemed Common Area Costs under this Lease. Notwithstanding anything to the four buildings contrary in this Lease, with regard to which it is connectedany portions of the Project that have been sold and are not owned by Landlord, Landlord shall not have any obligation or responsibility in connection with such parcels or any Common Areas located thereon and therein and such parcels shall be governed by the Project CC&Rs, including without limitation maintenance of any Common Areas thereon.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as in a first-class industrial/commercial real property developmentcommercially reasonable condition. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in In the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement, pavement replacement, exterior painting and occupations taxesother appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three ten percent (310%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge Notwithstanding the foregoing, Common Area costs shall not include: (1) the initial costs of equipment properly chargeable to a capital account using generally accepted accounting principles consistently applied or the original costs of constructing the Premises/Common Areas; (2) expenses for which the Landlord is or will be reimbursed by another source, including but not limited to repair or replacement of any item covered by warranty; (3) costs incurred to benefit ( or as a result of) a specific tenant or items and agree that services selectively supplied to any specific tenant; (4) expenses for the defense of the Landlords title to the Property; (5) depreciation and amortization of the Premises or financing costs, including Interest and principal amortization of debts; (6) charitable, lobbying, special interest or political contributions; (7) costs of improving or renovating space for maintaining a tenant or space vacated by a tenant; (8) costs to correct original or latent defects in the emergency generator shall be divided pro-rata among design, construction or equipment of the four buildings to which it is connectedPremises/Common Areas; (9) expenses paid directly by any tenant for any reason (such as excessive utility use (10) any repair, rebuilding or other work necessitated by condemnation, fire, windstorm or other insured casualty or hazard; and (1 1) cost of the initial stock of tools and equipment for operation, repair and maintenance of the Premises/Common Areas.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-first class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined defined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator professional management fees paid to property managers not to exceed a competitive rate (Xxxx Management Services, Inc. currently charges 2.3% of gross rents plus an allocated portion of Xxxx'x office overhead); gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ Tenant's signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes real property taxes and assessments levied on or attributable to the Common Areas and all Common Area Areas improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-straight line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee to Landlord for Landlord’s supervision of the Common Areas and Project management (not to exceed three percent (3%) of common area charges assessed by the Base Rents of the Project for the calendar year)Canyon Park Business Center Owner's Association. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costsparties. Common Area area costs shall not include depreciation of or real property which forms part of the Common Areas. The parties acknowledge Landlord may, at Xxxxxxxx's election, estimate in advance and agree that charge to Tenant monthly as Common Area costs, all real property taxes for which Tenant is liable under Paragraph 4.02 of the Lease, all insurance premiums for which Tenant is liable under Paragraph 4.04 of the Lease, and all maintenance and repair costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it Tenant is connected.liable under Section 6.03

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s 's reasonable discretion, as a first-class industrial/commercial real property development. Landlord shall pay the "Base Common Area Charges" which shall be the aggregate amount expended by Landlord pursuant to this Section 4.05(d) during 1996. From and after January 1, 1997, Tenant shall pay, on a monthly basis, pay Landlord Tenant’s Pro-Rata Share (as determined below) 's pro rata share of the costs specified below and incurred amount, if any, by Landlord for the operation and maintenance of which the Common Areas in Area costs exceed the manner stated in Section 4.05(e)Base Common Area Charges. Common Area Areas costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; ', straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxes; exterior painting and other appropriate reserves and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (actual not to exceed three five percent (35%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretionProject, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (tenant's pro rata share of which shall not to exceed three percent (3%) of the Tenant's Base Rents of for the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-'s Pro Rata Share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e("Common Area Expenses"). Common Area costs Expenses include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire insurance and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three five percent (35%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costsExpenses. Common Area costs Expenses shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business and occupations taxes; and a reasonable fee to Landlord for Landlord’s supervision of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common AreasAreas and "Landlord's Work," as that term is defined in Section 6.07 of this Lease. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.See Rider Section 4.05(d) Initials: ______________ ______________

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; all costs and fees associated with appealing or protesting the property taxes on the Project; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for future roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three five percent (35%)) of the Base Rents gross rents of the Project for the calendar year, provided that, at Landlord’s option, the Project gross rents used for such calculation shall be proportionately adjusted to reflect a ninety-five percent (95%) stabilized occupancy). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property property, which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. The Landlord shall maintain keep, or cause to be kept, the common areas owned by Landlord in a neat, clean, and orderly condition, properly lighted and landscaped, and shall repair any damage to the facilities thereof. Such maintenance may include, by way of example but not as a limitation or obligation: (i) general maintenance and repairs; (ii) maintenance, resurfacing, painting and restriping of parking areas, drive lanes and driveways; (iii) cleaning, steam cleaning, sweeping and janitorial services; (iv) maintenance, repair and replacement of sidewalks, curbs, and fascia of the shops and buildings constituting thE movE; (v) maintenance and repair of sprinkler systems, planting, pruning and landscaping; (vi) maintenance, repair and restoration of lighting and utilities; (vii) maintenance and improvement of signs, directional signs and other markers and bumpers; (viii) snow removal; (ix) maintenance and repair of any roofs, roof drain systems, fire protection systems (if applicable), lighting systems, storm drainage systems and any other utility systems; (x) employment of personnel to implement such services, including, if Landlord deems necessary, the cost of security guards; (xi) timely payment of real and personal property taxes and assessments or surcharges relating to the Common Areas in good order, condition Areas; (xii) installation and repair and shall operate the Project and Park, in Landlord’s reasonable discretion, as maintenance of a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, Tenant’s Pro-Rata Share (as determined below) of the costs specified below and incurred by Landlord security alarm system for the operation tenants in the Building (if Landlord deems necessary); (xiii) maintenance of adequate public liability and maintenance property damage insurance on the Common Areas; and (xiv) reasonable improvement of the Common Areas in the manner stated in Section 4.05(e). Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvements; all Real Property Taxes levied on or attributable undertaken from time to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned time by Landlord which is consumed or used in the operation or maintenance all of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used above in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repaying, striping or restriping, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business and occupations taxes; and a reasonable fee to Landlord for Landlord’s supervision of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year)its sole discretion. Landlord may cause any or all of such said services to be provided by third parties an independent contractor or contractors. Landlord may also perform such maintenance and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms relation to any part of the Common AreasAreas not owned by Landlord. The parties acknowledge and agree that Landlord is not required to perform any particular maintenance or service in regard to all or any part of the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it Common Areas if in its judgment such service is connectedinappropriate, not sufficiently beneficial or unnecessary.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair (including snow removal) and shall operate the Project and ParkProject, in Landlord’s reasonable sole discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; snow removal; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvements; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reasonable reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s supervision of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project which shall be fixed for the calendar year)term of this lease at six cents ($.06) per square foot per year payable in the same manner as other items composing Additional Rent. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Costs; provided however, that if any such services are provided by affiliates or subsidiaries of Landlord, the cost of such services to be included in Common Area maintenance costs shall be limited to the cost for obtaining such services if rendered by unaffiliated third parties on a competitive basis (based upon a standard of similar buildings in the general area of the Property.) Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that , marketing or leasing commission costs, attorneys’ fees or other expenses incurred in connection with negotiations or disputes with present or prospective tenants (except Tenant) of the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connectedProject.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretionProject, as a first-class industrial/commercial real property development. Subject to the limitations set forth in Paragraph 31 or Rider No. 1 attached hereto, Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker’s compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement exterior painting, and occupations taxes; replacement of HVAC units or major components and other appropriate reserves (the “Reserves”, which shall be established initially at $.15 per square foot per year, which amount may be subsequently increased by Landlord, subject to the limitations set forth in Paragraph 31 of Rider No. 1 attached hereto) and a reasonable fee allowance to Landlord for Landlord’s supervision of the Common Areas and Project management (tenant’s pro rata share of such supervision allowance shall not to exceed three four percent (34%) of the Base Rents of the Project Rent and all reimbursable expenses pursuant to Article 4 for the calendar yearapplicable period). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property property, which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas Area in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworkers' compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line straightline depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three eight percent (38%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area Areas costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.See Addendum, Sec. 20

Maintenance of Common Areas. Unless Tenant elects to assume such obligations pursuant to Section 9.6 below, Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretion, as a first-class industrial/commercial real property developmentrepair. Tenant shall pay, on a monthly basis, Tenant’s Pro-Rata Share (as determined below) of the pay all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas. Costs of operating and maintaining the Common Areas in the manner stated in Section 4.05(e). Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscapinglandscaping within the Common Areas; utilities, water, storm water and sanitary sewage chargescharges in connection with the Common Areas; maintenance of signs (other than tenants’ signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas (provided that any real estate taxes and all Common Area improvementsassessments governed by Article 6 above shall not be included in this Section 9.4); all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property (but not any real property) owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business and occupations taxesitems in connection with the Common Areas; and a reasonable fee allowance to Landlord for Landlord’s 's overhead and supervision of the Common Areas and Project management as set forth below (not to exceed three percent "Landlord's Allowance"). Landlord's Allowance for the initial twelve (3%12) months of the Base Rents term of this Lease shall be Fourteen Thousand Dollars ($14,000). Effective on each annual anniversary date of the Project commencement date, commencing on that date which is one (1) year after the commencement date (or the first day of the next succeeding month if the term of this Lease does not commence as of the first day of a month), Landlord's Allowance shall be increased by multiplying Landlord's Allowance then in effect by a fraction, the numerator of which shall be the Consumer Price Index for the calendar month two (2) months prior to each such adjustment date and the denominator of which shall be the Consumer Price Index for the same month for the prior year). The Consumer Price Index to be used is the Consumer Price Index For All Urban Consumers - All Items, for the Los Angeles/Anaheim/ Riverside metropolitan area, published monthly by the United States Department of Labor, in which 1982-1984 equals 100. If the 1982-1984 base is no longer utilized for the Consumer Price Index at the adjustment date, then the adjustment shall be based upon applicable conversion tables. If no such conversion tables are available or if said Consumer Price Index is no longer published, Landlord shall substitute an index which is published by the Bureau of Labor Statistics or similar agency and which is most nearly equivalent to the Index described above. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in the costs of. operating and maintaining the Common Area costsAreas. Common Area costs shall not include depreciation of real property which forms part If Landlord hires a third party to perform the overall supervision of the Common Areas, any management fees paid to such third party shall be deducted from Landlord's Allowance otherwise to be paid to Landlord as provided above. The parties acknowledge Notwithstanding the foregoing, costs of operating and agree that the costs for maintaining the emergency generator Common Areas shall not include the following: capital expenditures and any depreciation or amortization thereof other than those expenditures and depreciation incurred with respect to personal property consumed or used in the operation and maintenance of the Common Areas; reserves for future expenditures; fees and expenses for attorneys which may be divided proincurred in lease negotiations and eviction proceedings, as well as brokers' commissions and similar professional expenses incurred in connection with lease negotiations; costs associated with the financing or refinancing of the Building or the Common Areas or any portion thereof; mortgage payments and ground rents payable by Landlord; repairs and restoration due to casualty or condemnation; costs associated with correcting construction defects or repairs due to poor workmanship; costs of correcting environmental problems; costs incurred with respect to legally mandated improvements or changes; management or administrative fees in excess of the then-rata among the four buildings to which it is connectedmarket rate; and insurance deductibles and self-insurance costs.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's [***] REASONABLE discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs includeInclude, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is it consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three five percent (35%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include Include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connectedCOMMON AREA COSTS FOR ANY CAPITAL ITEMS (INCLUDING RESURFACING AND REPAVING OF THE PARKING LOT) SHALL BE AMORTIZED OVER THE USEFUL LIFE OF THE IMPROVEMENT.

Maintenance of Common Areas. Landlord Landlord, and not Tenant, shall maintain the Common Areas and all Common Area Improvements in good order, condition and repair (including replacement, as necessary), and shall operate the Project and Park, in Landlord’s reasonable discretion, as a first-class industrial/commercial real property development. Subject to the provisions of Section 4.05(e), Tenant shall pay, on a monthly basis, pay Tenant’s Pro-'s Pro Rata Share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in and Common Area Improvements (the manner stated in Section 4.05(e"COMMON AREA COSTS"). Common Area costs Costs include, but are not limited to, all costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); maintenance of the ESFR System (including testing, monitoring and servicing); maintenance of landscaped areas; maintenance of utility lines within the Common Areas and which are used in common by tenants of the Project, to the extent such maintenance responsibility is not assumed by the utility provider; premiums for liability, property damage, fire and other types of casualty insurance (if applicable) on the Common Areas and all Common Area improvementsImprovements; premiums for worker's compensation insurance (if applicable); all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvementsAreas Improvements (if applicable); all appropriately prorated personal property taxes levied on or attributable to personal property used in connection with the Common Areas; appropriately prorated straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; the cost of improvements made subsequent to the initial development of the Common Areas to comply with the requirements of any law, ordinance, code, rule or regulation; appropriately prorated rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; appropriately prorated fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business and occupations taxesitems for the Common Areas; and a reasonable fee to Landlord reserves for Landlord’s supervision sealing and restriping and/or resurfacing and repaving of the Common Areas and Project management (not to exceed three percent (3%) paved areas. Except for payment of Tenant's Pro Rata Share of the Base Rents Common Area Costs associated with the operation and maintenance of the Project ESFR System, as provided in this Section, Tenant shall have no obligation or responsibility whatsoever for the calendar year)maintenance, repair or replacement of the ESFR System or any portion thereof. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costsCosts. Common Area costs Costs shall not include depreciation of Common Area Improvements or any real property, real property improvements, or equipment, machinery or fixtures which forms are part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. As long as Tenant is the only tenant in the Project, Tenant shall, at Tenant's expense, maintain the Common Areas in good order, condition and repair, except that Landlord shall perform all major pavement repairs, and shall operate the Project, in Landlord's sole discretion, as a first-class industrial/commercial real property development. If another tenant leases premises within the Project, Landlord reserves the right to maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. In such event, Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for exterior painting and occupations taxesother appropriate reserves; and a reasonable fee to Landlord for Landlord’s supervision all components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Property which are concealed or used in common by tenants of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year)Project. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area Areas costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or of maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance -C- 1988 Southern California 4 Initials [illegible] Chapter of the [LOGO] ------------- Society of (MULTI-TENANT NET FORM) Industrial and [illegible] Office Realtors, Inc. ------------- of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three five percent (35%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair the Common Areas and shall operate all water, sewer, gas and electrical lines and facilities owned by Landlord which are located on the Project and Park, in Landlord’s reasonable discretion, as a first-class industrial/commercial real property developmentserve the Property (the "Utility Facilities"). Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata 's Share (as determined belowherinafter defined) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in and the manner stated in Section 4.05(eUtility Facilities (collectively, "CAM Charges"). Common Area costs CAM Charges include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; snow removal; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvements; all Real Property Taxes levied on or attributable to the Common Areas and all Common Area improvementsUtility Facilities; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used solely in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used solely in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security cleaning and similar items; sales taxes; business and occupations taxes; and a reasonable fee to Landlord for Landlord’s supervision of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costsCAM Charges. Common Area costs "Tenant's Share" means 100%; provided, however, that if Landlord commences construction activities on the Project during the Lease Term, then from and after the commencement of such activities, Tenant's Share shall not include depreciation be reduced to [Office Lease: 37%; Warehouse Lease: 37%; Retail Lease: 1%] only with respect to CAM Charges for the repair and maintenance of real property which forms part of the roadways in the Common Areas. The parties acknowledge ; provided further, that if Landlord taps into the any of the Utility Facilities during the Lease Term, then from and agree that the costs for maintaining the emergency generator after such tap, (a) Tenant's Share shall be divided pro-rata among appropriately reduced such that Landlord and Tenant shall each bear their proportionate share of the four buildings cost to repair and maintain the applicable Utility Facilities, which it is connectedproportionate shares shall be determined based upon Landlord's and Tenant's relative consumption of each applicable utility service, and (b) Landlord shall pay the cost of all such utilities consumed by Landlord. [NOTE: IF PRIOR TO CLOSING (AS DEFINED IN THE CERTAIN PURCHASE AND SALE AGREEMENT BY AND BETWEEN LANDLORD AND TENANT) TENANT ELECTS TO MAINTAIN THE COMMON AREAS, LANDLORD AND TENANT SHALL APPROPRIATELY REVISE THIS SECTION 4.08 PRIOR TO THE CLOSING].

Maintenance of Common Areas. Landlord The Association shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable the Association's sole discretion, as a first-class industrial/commercial office real property development. Landlord shall be assessed by the Association and Landlord shall bill Tenant shall pay, on a monthly basis, for Tenant’s Pro-Rata Share ('s pro rata share of Landlord's assessments as determined below) provided in Secxxxx 0.01 of the this Lease. Said assessments are based upon Association's Budget including of all costs specified below and incurred by Landlord the Association for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the followingfor: the emergency generator (i) gardening and landscaping; (ii) utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); (iii) premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and worker's compensation insurance; (iv) all Common Area improvements; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; (v) all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (vi) straight-line depreciation on personal property owned by Landlord the Association which is consumed or used in the operation or maintenance of the Common Areas; (vii) rental or lease payments paid by Landlord the Association for rented or leased personal property used in the operation or maintenance of the Common Areas; (viii) fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business (ix) any other costs as described in the CC and occupations taxesR's; and a reasonable fee allowance to Landlord the Association for Landlord’s supervision the Association's operation and maintenance of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents of the Project for the calendar year)Areas. Landlord The Association may cause any or all of such services to be provided by third parties and the cost costs of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.(e)

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, Tenant’s Pro-Rata Share (as determined below) of the costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e). Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three five percent (35%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-first- class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share 's pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three five percent (35%) of the Base Rents gross rents of the Project for the calendar year, provided that, at Landlord's option, the Project gross rents used for such calculation shall be proportionately adjusted to reflect a ninety- five percent (95%) stabilized occupancy, however, the supervision fee paid to Landlord shall not exceed such limits whether or Landlord, a third party or both provides such supervision). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property property, which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.(e)

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, Tenant’s Pro-Rata Share (as determined below) of the costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e). Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm ; water and sanitary sewage charges; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and worker's compensation insurance, all Common Area improvements; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on or personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar itemsterms; sales taxes; business reserves for roof replacement and occupations taxesexterior painting and other appropriate reserves; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three five percent (35%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by to third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Notwithstanding anything in this --------------------------- Lease to the contrary, Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-first class industrial/commercial real property development. , subject to the exclusions listed in Paragraph 17(a), above, Tenant shall paypay Tenant's Proportionate Share of Project Expenses, on a monthly basis, Tenant’s Pro-Rata Share (as determined below) of the which shall include all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ Tenant's signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas Areas, and Worker's Compensation Insurance; compensation and all Common Area improvementsfringe benefits and payroll taxes paid to, for or with respect to all persons engaged in the operating, maintaining, or cleaning of the Building or the Project; all Real Property Taxes real property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-straight line depreciation on personal property owned by By Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing resurfacing, minor patching and repaying, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxesexterior painting and other appropriate reserves; business and occupations taxes; and a reasonable fee to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three in the amount of five percent (35%) of the Base Rents total of the Project all other Common Area costs for the calendar year); and other charges directly related to the operation and maintenance of the Building and the Project which are more economically handled by Landlord. Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costsparties. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that Regardless of actual occupancy of the Project, for the purpose of this Paragraph, the variable costs for maintaining the emergency generator shall operation and maintenance of the Common Areas (i.e., those which directly increase based solely upon increased occupancy) will be divided pro-rata among extrapolated as though the four buildings Project were 100% leased and occupied. Landlord may, at Landlord's election, estimate in advance and charge to Tenant monthly its Common Area costs, all Real Property Taxes and insurance premiums for which it Tenant is connectedliable under the Lease.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and ParkProject, in Landlord’s reasonable 's sole discretion, as a first-class industrial/commercial real property development. Tenant shall payAs used herein, on a monthly basis, Tenant’s Pro-Rata Share (as determined below) of the costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e). term "Common Area costs Expenses" include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; fire sprinkler maintenance and monitoring; maintenance of signs (other than tenants’ ' signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker's compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used exclusively in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used exclusively in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairingrepairing (including roof repairs), resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, exterior painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business and occupations taxes; and a reasonable fee allowance to Landlord for Landlord’s 's supervision of the Common Areas and Project management (not to exceed three percent (3%) of the Base Rents gross rents of the Project for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property which forms part of the Common Areas. The parties acknowledge and agree that Following the first full calendar year of the Lease Term, Tenant's Pro Rata Share of "controllable" Common Area costs for maintaining any calendar year shall not exceed the emergency generator amount of Tenant's Pro Rata Share of "controllable" Common Area costs for the immediately preceding calendar year by more than six percent (6%). For the purposes hereof, the term "controllable" Common Area costs shall be divided pro-rata among mean all Common Area costs in the four buildings to which it is connectedreasonable control of Landlord excluding real property taxes, insurance and utilities.

Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretionProject, as a first-class industrial/commercial real property development. Subject to the limitations set forth in Paragraph 31 or Rider No.1 attached hereto, Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Areas and all Common Area improvementsworker’s compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on 1988 Southern California Chapter of the Society of Industrial and Office Realtors, Inc. or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxes; business reserves for roof replacement exterior painting, and occupations taxes; replacement of HVAC units or major components and other appropriate reserves (the “Reserves”, which shall be established initially at $.15 per square foot per year, which amount may be subsequently increased by Landlord, subject to the limitations set forth in Paragraph 31 of Rider No. 1 attached hereto) and a reasonable fee allowance to Landlord for Landlord’s supervision of the Common Areas and Project management (tenant’s p ro rata share of such supervision allowance shall not to exceed three four percent (34%) of the Base Rents of the Project Rent and all reimbursable expenses pursuant to Article 4 for the calendar yearapplicable period). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property property, which forms part of the Common Areas. The parties acknowledge and agree that the costs for maintaining the emergency generator shall be divided pro-rata among the four buildings to which it is connected.

Maintenance of Common Areas. Effective as of the Expansion Date, Section 4.05(d) of the Amended Lease is deleted in its entirety and replaced with the following provision: Landlord shall maintain the Common Areas in good order, condition and repair and shall operate the Project and Park, in Landlord’s reasonable discretionProject, as a first-class industrial/commercial real property development. Tenant shall pay, on a monthly basis, pay Tenant’s Pro-Rata Share pro rata share (as determined below) of the all costs specified below and incurred by Landlord for the operation and maintenance of the Common Areas in the manner stated in Section 4.05(e)Areas. Common Area costs include, but are not limited to, costs and expenses for the following: the emergency generator gardening and landscaping; utilities, water, storm water and sanitary sewage charges; maintenance of signs (other than tenants’ Tenant’s signs); premiums for liability, property damage, fire and other types of casualty insurance on the Common Common. Areas and all Common Area improvementsworker’s compensation insurance; all Real Property Taxes property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed or used in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance maintenance-of the Common Areas; fees for required licenses and permits; repairing, resurfacing and repayingresurfacing, striping or restripingrepaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; sales taxesreasonable reserves for roof replacement and exterior painting (the “Reserves”, which shall be established initially at $0.15 per square foot per year, which amount may be subsequently increased by Landlord); business replacement (when needed) of HVAC units based on a 20 year useful lifespan of an HVAC unit that will be prorated based on the number of years and occupations taxesmonths remaining on the Lease Term. (For example, if an HVAC unit is replaced when only ten (10) years of Lease Term remains, Tenant shall only be responsible for 50% of the total cost because the lifespan of an HVAC unit is agreed by both parties to be 20 years. If an HVAC unit is replaced when only five (5) years of Lease Term remains, Tenant shall only be responsible for twenty-five percent (25%) of the total cost because the useful lifespan of an HVAC unit is agreed by both parties to be 20 years and only 5 years of Lease Term remains. In the event that the Lease Term is extended by the parties, Tenant shall remain liable to reimburse Landlord for the prorated cost of any HVAC unit (using a 20 year useful life span) that falls within such extended Lease Term. By way of example, if an HVAC Unit is replaced when ten (10) years of Lease Term remains, Tenant shall only be responsible for 50% of the replacement cost of the HVAC unit replaced; however, if the Lease Term is then extended for an additional five (5) year term (such term, the “Five Year Extension Term”), during such Five Year Extension Term Tenant shall reimburse Landlord for 25% of the cost of such replaced HVAC unit); and a reasonable fee allowance to Landlord for Landlord’s supervision of the Common Areas and Project management (Tenant’s pro rata share of such supervision allowance (the “Supervision Allowance”) shall not to exceed three four percent (34%) of the Base Rents of the Project Rent and all reimbursable expenses pursuant to Article 4 for the calendar yearapplicable period). Landlord may cause any and or all of such services to be provided by third parties and the cost of such services shall be included in Common Area costs. Common Area costs shall not include depreciation of real property property, which forms part of the Common Areas. The parties acknowledge Tenant agrees to provide Landlord with maintenance records pertaining to HVAC units, in form and agree substance satisfactory to Landlord, within 30 days of Landlord’s written request. Notwithstanding anything stated elsewhere in the Amended Lease, the Landlord agrees to address as well as bear the total cost of (i) resurfacing, repaving, and restriping the parking lot within the first year of the date of this Amendment, and (ii) exterior painting of the Building within the first year of the date of this Amendment. Notwithstanding anything to the contrary contained in the Amended Lease, commencing as of January 1, 2014, the aggregate amount that Tenant shall be obligated to reimburse pursuant to Section 4.05 (Common Area costs, which Common Area costs shall include Reserves), shall be limited to the actual amount of Controllable Operating Expenses (as hereinafter defined) paid or incurred by Landlord on account of or in calendar year 2013, increased on a cumulative, compounding basis at five percent (5%) per annum through the applicable calendar year. In the event that the cap applies to limit Tenant’s Pro Rata Share of Common Area costs attributable to Controllable Operating Expenses for maintaining any calendar year, the emergency generator excluded amount (i.e., Controllable Operating Expenses incurred by Landlord in excess of the cap) shall be divided procarried forward to succeeding calendar years and recaptured by Landlord so long as the foregoing limit on the increase in the portion of Common Area costs attributable to Controllable Operating Expenses is not exceeded in any such succeeding year such that amounts that could not be included in Common Area costs during such prior years may be re-rata among captured by Landlord. The limitations on reimbursement set forth in this paragraph shall in no event apply to limit Tenant’s obligations under (i) Section 4.02 (Property Taxes), (ii) Section 4.04 (Insurance Policies) and (iii) Section 4.05(d) (with respect to utilities, water and sewage charges and the four buildings Supervision Allowance only) of the Amended Lease (all of the Common Area costs under the Lease, excluding, the costs under Sections 4.02, 4.04 and 4.05(d) (with respect to which it is connectedutilities, water and sewage charges and the Supervision Allowance only) of the Amended Lease, are hereinafter referred to as the “Controllable Operating Expenses.”) Tenant shall remain fully liable to pay Landlord Tenant’s Pro Rata Share of all real property taxes on the Property and the cost of premiums for insurance maintained by Landlord under the Lease, including any deductibles in connection therewith.