Common use of Payment of Operating Expenses Clause in Contracts

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; provided that the monthly installment for the first full month shall be paid at the signing of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(d) represents Landlord's estimate of Tenant's share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; provided , providing that the monthly installment for the first full month shall be paid at the signing of this leaseLease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other other- utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten often years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(d) l(d)(ii), which are included in the Minimum Annual Rent and monthly installments set forth in Section 1(d)(i), represents Landlord's ’s estimate of Tenant's ’s share of the estimated operating costs during the first calendar year of the die Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. , Tenant's ’s obligation to pay any reconciliation charges with respect to the Annual Operating Expenses pursuant to this Section 7 7(a)(ii) shall survive the expiration or termination of this leaseLease.

Payment of Operating Expenses. Beginning on the Commencement Date, during each month of the Lease Term, on the same date that Base Rent is due (or would be due if Base Rent is abated for said month), Tenant shall pay Landlord an amount equal to 1/12 of the annual cost, as reasonably estimated by Landlord the Annual (which estimate Landlord may revise not more than two (2) times per calendar year and for which Landlord shall provide at least thirty (30) days’ notice before such revision becomes effective), of Tenant’s Proportionate Share of Operating Expenses in equal monthly installments in (as defined below) payable for the amount set forth in Section 1(d) (prorated Premises for the applicable calendar year. Payments thereof for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each fractional year or calendar month during the Term, as additional rent, without notice, demand or setoff; provided that the monthly installment for the first full month shall be paid at prorated. The first month’s installment of the signing Initial Annual Estimated Operating Expense Payments shall be due and payable together with the first payment of this leaseBase Rent. Landlord shall apply such payments amount against Tenant’s obligation to pay Operating Expenses in accordance with this Lease. The term “Operating Expenses” means, subject to the annual operating costs to Landlord restrictions or specific allocations of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses cost set forth in this Section l(d) represents Landlord's estimate of Tenant's share 6 and elsewhere in this Lease, all reasonable costs and expenses incurred by Landlord with respect to the maintenance of the estimated operating costs during the first calendar year of the Term Premises, including those items listed on an annualized basis; from time to time Exhibit D as “Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Maintenance Obligations – Operating Expenses pursuant (Recoverable)”, but excluding those items listed on Exhibit D as “Landlord Maintenance Obligations – Capital Improvements (Non-Recoverable)”; the Taxes (as defined below) and fees payable to this Section 7 shall survive tax consultants and attorneys for consultation and contesting Taxes; insurance; charges or assessments of any association to which the expiration or termination Premises are subject; property management fees payable to a property manager, including any affiliate of this leaseLandlord, not to exceed 2% of Base Rent.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(dl(d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; setoff (except as expressly provided that the monthly installment for the first full month shall be paid at the signing of in this leaseLease). Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositionsImpositions, costs for repairs, maintenance, service contracts, management and administrative feesfees (management and administrative fees shall not exceed 3% of the total Minimum Annual Rent and Operating Expenses payable by Tenant [excluding Impositions and excluding utilities separately metered to Tenant], and shall be in the nature of Avalue added A fee for which services such as accounting, bxxx-paying and senior management [i.e. above the level of building manager] are provided), governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs listed on attached EXHIBIT “G” and any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten fifteen years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or or, to the extent of the actual reduction in operating expenses, for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generallyexpenses. The amount of the Annual Operating Expenses set forth in Section l(d1(d) represents Landlord's ’s estimate of Tenant's ’s share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time (but not more than quarterly) Landlord may adjust such estimated amount if the estimated operating costs increaseincrease or decrease. Tenant's ’s obligation to pay the Annual Operating Expenses pursuant to this Section 7 7, and Landlord’s obligation to refund any overpayments, shall survive the expiration or termination of this leaseLease. Landlord and Tenant shall, at the request of either party, consult with each other regarding the level of services to be provided by Landlord and standard of maintenance to be observed by Landlord with a view toward managing and controlling Operating Expenses in a reasonable and prudent manner consistent with the standards observed with respect to comparable class A suburban office buildings in the Minneapolis/St. Pxxx metropolitan area. In no event shall Landlord be obligated to reduce services or standards of maintenance below those appropriate and necessary to maintain the Building and Site Improvements in good condition and repair, consistent with the maintenance standards prevailing among comparable class A suburban office buildings in the Minneapolis/St. Pxxx metropolitan area.

Payment of Operating Expenses. Tenant shall pay to Landlord Tenant’s Pro Rata Share of the Annual amount by which the annual Operating Expenses in equal monthly installments in the amount set forth (defined in Section 1(d10(d) (prorated below) exceed the annual Operating Expenses for the Base Year. Landlord shall make a good faith estimate of Tenant’s Pro Rata Share of such increase for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month year or part thereof during the Term, as additional rent, without notice, demand or setoff; provided that the monthly installment for the first full month shall be paid at the signing of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during During each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(d) represents Landlord's estimate of Tenant's share of the estimated operating costs during the first partial calendar year of the Term on after the Base Year, Tenant shall pay to Landlord, in advance concurrently with each monthly installment of Base Rent, an annualized basis; from amount equal to the estimated increase in Operating Expenses for such calendar year or part thereof divided by the number of months therein. From time to time time, but not more than two (2) times per calendar year, Landlord may adjust such estimated amount if re-estimate the estimated operating costs increase. Tenant's obligation to pay the Annual increase in Operating Expenses pursuant and deliver a copy of the re-estimate to Tenant. Thereafter, the monthly installments of increases in Operating Expenses payable by Tenant shall be appropriately adjusted in accordance with the estimation. Any amounts paid based on such an estimate shall be subject to adjustment as provided in Section 10(f) below when actual Operating Expenses are available for each calendar year. Operating Expenses for the Base Year, for the purpose of comparisons of the Base Year with subsequent years only, shall be calculated so as to not include market-wide labor-rate increases due to extraordinary circumstances, including boycotts and strikes, or utility rate increases due to extraordinary circumstances, including conservation surcharges, boycotts, embargos or other shortages. Landlord shall have the same remedies for a default in the payment of Tenant’s Pro Rata Share of Operating Expenses, Property Taxes and Insurance Expenses as for a default in the payment of Base Rent. With respect to any calendar year or partial calendar year (including the Base Year) in which the Building is not occupied to the extent of 95% of the rentable area thereof, or Landlord is not supplying services to 95% of the rentable area thereof, the Operating Expenses for such period shall, for the purposes hereof, be increased to the amount which would have been incurred had the Building been occupied to the extent of 95% of the rentable area thereof and Landlord had been supplying services to 95% of the rentable area thereof. The amount of Tenant’s obligation under this Section 7 10 for the last year of the Term shall survive be prorated in the expiration or termination of proportion that the period this leaseLease is in effect during the calendar year in which this Lease terminates bears to the full calendar year.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(d) (prorated for any partial month), from front the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; , provided that the monthly installment for the first full month shall be paid at the signing of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, Tea which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; : provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(d1(d) represents Landlord's ’s estimate of Tenant's Tenants share of the estimated operating costs during the first calendar year of the Term on an annualized basis; : from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's Tenants obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease.

Payment of Operating Expenses. Landlord shall deliver to Tenant shall pay to Landlord ----------------------------- a written estimate of the Annual Operating Expenses in equal monthly installments in and the amount set forth in Section 1(d) (prorated portion thereof payable by Tenant for any partial month), from the Commencement Date and continuing throughout the Term on ensuing year or portion thereof. On or before the first day of each calendar month during the Term, as additional rentTenant shall pay such estimated amount of Tenant's annualized share of such Operating Expenses in twelve (12) equal monthly installments, without noticein advance. Following the expiration of each calendar year, demand or setoff; provided that Landlord shall furnish Tenant a statement showing in reasonable detail the monthly installment actual Operating Expenses for the first full month preceding calendar year. Within thirty (30) days after service of the aforementioned statement, Tenant shall pay to Landlord, or Landlord shall credit against the next rent payment or payments due from Tenant, as the case may be, the difference between Tenant's actual Proportionate Share of Operating Expenses for the preceding calendar year and the amount of Operating Expenses paid by Tenant during such year. If this Lease shall commence, expire or be terminated on any date other than the last day of a calendar year, then Tenant's Proportionate Share of Operating Expenses and Taxes for such partial calendar year shall be paid at prorated on the signing basis of the number of days during the year this lease. Landlord shall apply such payments Lease was in effect in relation to the annual operating costs to Landlord total number of operating and maintaining days in such year. Without limiting other obligations of Tenant which shall survive the Property during each calendar year expiration of the Term, which costs may include by way the obligations of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable Tenant to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual pay Operating Expenses set forth in Section l(d) represents Landlord's estimate of Tenant's share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 and Taxes shall survive the expiration of the Term. Subject to the foregoing obligation of Tenant to pay its Proportionate Share of Operating Expenses, and subject to the right of Landlord to contest or termination dispute all or any part of this leasethe Operating Expenses, Landlord shall pay the Operating Expenses on or before the date they are due and payable.

Payment of Operating Expenses. Tenant For each calendar year during the term of this Lease, TENANT shall pay to Landlord a portion of the Annual Operating Expenses (as defined herein) determined by multiplying the Operating Expenses for such calendar year by the fraction, the denominator of which is 425,057, being the rentable area of the Building, and the numerator of which is the rentable square footage in the Building leased by TENANT (such amount to be paid by TENANT being herein called "Tenant's Expense Charge"); it being the intent hereof that, except as otherwise herein provided, Tenant's Expense Charge shall be redetermined and adjusted each calendar year without reference to any Tenant's Expense Charge paid in any prior calendar year. Tenant's Expense Charge shall be paid in equal monthly installments in the amount set forth in Section 1(d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during month, in advance, in amounts estimated by LANDLORD. No later than 90 days following the Term, as additional rent, without notice, demand or setoff; provided that the monthly installment for the first full month shall be paid at the signing end of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year during the term of this Lease, LANDLORD shall furnish TENANT with a statement in reasonable detail of the TermOperating Expenses for such calendar year. Any overpayment or underpayment by TENANT by reason of the aforesaid monthly payments shall be adjusted and paid by LANDLORD or TENANT (as the case may be) within 30 days after receipt by TENANT of the statement of Operating Expenses for such calendar year, which such obligation to survive the termination of this Lease. (ii) Review and Audit Rights. TENANT may audit such books and records relating to statements of the Operating Expenses at LANDLORD's office. (B) Definition of Operating Expenses. The term "Operating Expenses" shall mean the total costs may and expenses incurred by or on behalf of LANDLORD in the operation of the Building and the Parking Garage, including, without limitation, (i) the cost of electricity and all other utilities for the Building and Parking Garage, (ii) the "Taxes" described in Section 5 hereof, (iii) public liability, property damage, sign and casualty insurance for the Building and Parking Garage; (iv) all of the costs and expenses in operating, maintaining and repairing the HVAC Systems, and (v) an annual sum (the "Administrative Fee") to reimburse LANDLORD for its administrative expenses equal to [five percent (5%) of the Operating Expenses (but for this purpose, Operating Expenses shall not include by way the Administrative Fee)] for each calendar year (or portion thereof); (vi) the costs and expenses in operating, maintaining, managing, equipping, inspecting, protecting and repairing the Building and Parking Garage, including, without limitation, the cost and expense of example rather than limitationthe following: insurance premiumssnow removal, feesgardening, impositions, costs for landscaping; repairs, maintenance, service contractspainting and decorating; maintenance and replacement of light fixtures and bulbs; sanitary control, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenanceextermination, and removal of rubbish, garbage and other refuse; security for the costs Building and Parking Garage; (vii) amortization or rent as respects machinery and equipment used in the operation and maintenance of any other items attributable to operating or maintaining any or the Building and Parking Garage; (viii) paving, curbs and walkways and drainage facilities; (ix) cleaning and janitorial services; (x) all of the Property excluding any services and utilities required to be provided by LANDLORD under this Lease; and (x) other similar costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants incurred in the Building generallyoperation. The amount of the Annual Operating Expenses set forth in Section l(d) represents Landlord's estimate of Tenant's share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease.(C)

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; , provided that the monthly installment for the first fist full month shall be paid at the signing of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing furnishing, water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(d1(d) represents Landlord's estimate of Tenant's share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(dl(d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; setoff (except as expressly provided that the monthly installment for the first full month shall be paid at the signing of in this leaseLease). Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositionsImpositions, costs for repairs, maintenance, service contracts, management and administrative feesfees (management and administrative fees shall not exceed 3% of the total Minimum Annual Rent and Operating Expenses payable by Tenant [excluding Impositions and excluding utilities separately metered to Tenant], and shall be in the nature of Avalue added A fee for which services such as accounting, xxxx-paying and senior management [i.e. above the level of building manager] are provided), governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs listed on attached EXHIBIT "G" and any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten fifteen years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or or, to the extent of the actual reduction in operating expenses, for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generallyexpenses. The amount of the Annual Operating Expenses set forth in Section l(d1(d) represents Landlord's estimate of Tenant's share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time (but not more than quarterly) Landlord may adjust such estimated amount if the estimated operating costs increaseincrease or decrease. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 7, and Landlord's obligation to refund any overpayments, shall survive the expiration or termination of this leaseLease. Landlord and Tenant shall, at the request of either party, consult with each other regarding the level of services to be provided by Landlord and standard of maintenance to be observed by Landlord with a view toward managing and controlling Operating Expenses in a reasonable and prudent manner consistent with the standards observed with respect to comparable class A suburban office buildings in the Minneapolis/St. Xxxx metropolitan area. In no event shall Landlord be obligated to reduce services or standards of maintenance below those appropriate and necessary to maintain the Building and Site Improvements in good condition and repair, consistent with the maintenance standards prevailing among comparable class A suburban office buildings in the Minneapolis/St. Xxxx metropolitan area.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(d) (prorated 1(d)(prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; , provided that the monthly installment for the first full month shall be paid at the signing of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(d1(d) represents Landlord's estimate of Tenant's share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(dl(d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; provided that the monthly installment for the first full month shall be paid at the signing of this lease. "Operating Expenses" shall mean all costs, charges and expenses incurred by Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Termin connection with ownership, which costs may include by way of example rather than limitation: insurance premiumsoperation, fees, impositions, costs for repairssecurity, maintenance, service contractsrepair and replacement of the Property, the Common Areas (including the costs of Common Area utility services) and other appurtenances to the Property, including but not limited to the expenses to be reimbursed to Landlord by Tenant pursuant to the following Sections 7(b)-(f). Operating Expenses shall specifically include a management and administrative feesfee equal to four (4) percent of gross rentals (i.e. Minimum Annual Rent plus annual Operating Expenses) payable hereunder. To the extent that Operating Expenses include expenses provided under contracts that include other properties or that are otherwise aggregated and spread among the Property and other properties owned or managed by Landlord, governmental permitsLandlord agrees that the allocation of such expenses to the Property shall be done on a reasonable and uniform basis, overhead expensesappropriate to the level of services provided to the Property; at Tenant's request, Landlord shall provide Tenant with information explaining in reasonable detail the basis on which any such costs are allocated to the Property. If the Building is or becomes part of furnishing watera campus of buildings owned by Landlord in the same vicinity, sewerLandlord, gasmay, fuelat Landlord's option, electricitytreat the entire campus, other utility servicesor any portion thereof, janitorial serviceas a single unified project for purposes of determining and allocating Operating Expenses. In such event, trash removalOperating Expenses shall include the aggregate of all expenses properly includable in Operating Expenses under this lease for all buildings and their attendant common areas included in the unified project, security servicesand Tenant's Proportionate Share shall be equal to a fraction, landscaping and grounds maintenancethe numerator of which shall be the rentable square footage of the Premises, and the costs denominator of any other items attributable to operating or maintaining any or which shall be the rentable square footage of all of buildings included in the Property excluding any costs which under generally accepted accounting principles are capital expenditures; providedunified project. Without limiting the foregoing, howeverLandlord agrees that so long as Landlord owns the entire Project, that annual operating costs also the entire Project shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or be treated as a single unified project for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generallydetermining and allocating Operating Expenses. The amount of the Annual Operating Expenses set forth in Section l(d1(d) represents Landlord's estimate of Tenant's share Proportionate Share of the estimated operating costs Operating Expenses during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs Operating Expenses increase. By April 30th of each year (and as soon as practical after the expiration or termination of this lease or at any time in the event of a sale of the Property), Landlord shall provide Tenant with a statement of the actual amount of such expenses for the preceding calendar year or part thereof. Landlord or Tenant shall pay to the other the amount of any deficiency or overpayment then due from one to the other or, at Landlord's option during the term of the lease, Landlord may credit Tenant's account for any overpayment. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease. Any provision in this Section 7 to the contrary notwithstanding, the items listed on attached Exhibit "E" shall not be included in Operating Expenses. Tenant shall be entitled at any reasonable time during regular business hours, but no more than once in each calendar year, after giving to Landlord at least five (5) business days prior written notice, to inspect in Landlord's local business office all Landlord's records necessary to satisfy itself that all charges have been correctly allocated to Tenant, for any or all of the three (3) c alendar years immediately preceding the year during which such notice is given, and to obtain an audit thereof by an independent certified public accountant (selected by Tenant with Landlord's written consent, which shall not be withheld unreasonably) to determine the accuracy of Landlord's certification of the amount of additional rent charged Tenant, provided, however, that Tenant shall make all payments of additional rent without delay, and that Tenant's obligation to pay such additional rent shall not be contingent on any such right. If it is determined that Tenant's liability for additional rent for either such calendar year is less than ninety-seven percent (97%) of that amount which Landlord previously certified to Tenant for such calendar year, Landlord shall pay to Tenant the cost of such audit (provided, however, that Landlord shall not be required to pay the cost of any audit based on a contingency fee or percentage of the amount recovered for Tenant) and regardless of such percentage Landlord shall refund promptly to Tenant the amount of the additional rent paid by Tenant for such calendar year which exceeds the amount for which Tenant actually is liable, as determined following such audit. If it is determined that Tenant's liability for additional rent for either such calendar year is more than the amount which Landlord previously certified to Tenant for such calendar year, Tenant shall promptly pay to Landlord (net of the cost to Tenant of the audit) the amount of the additional rent underpaid by Tenant, as determined following such audit. Except as provided above, Tenant shall bear the total cost of any inspection or audit performed by or for Tenant. Tenant shall keep, and shall cause Tenant's auditor to keep, the results of such audit or inspection confidential.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; , provided that the monthly installment for the first full month shall be paid at the signing of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(d1(d) represents Landlord's estimate of TenantXxxxxx's share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; , provided that the monthly installment for the first full month shall be paid at the signing of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten often years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(d1(d) represents Landlord's estimate of Tenant's share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses as defined below in equal monthly installments in the amount set forth in Section 1(d1(e) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on or before the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; provided that the monthly installment for the first full month shall be paid at the signing of this lease. Landlord shall apply such payments to the annual operating costs Annual Operating Expenses to Landlord of operating and maintaining the Property Land and the Building, during each calendar year of the Term, determined under generally accepted accounting principles consistently applied, on an accrual basis which "Annual Operating Expenses " shall include any and all costs may include by way and expenses paid or incurred with respect to the ownership, repair, replacement, restoration, maintenance and operation of example rather than the Premises, including without limitation, the following costs, but expressly excluding the costs referred to clauses (a)(i)(1) and Section (a)(i)(2) below : insurance premiumspremiums and restoration costs within the amount of any commercially reasonable insurance deductibles, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, items listed on the proposed budget provided to Tenant prior to the execution of this lease and the costs of any other items attributable to operating or maintaining any or all of the Property Land and the Building and the costs of repair and maintenance of HVAC, electrical and plumbing systems, excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs Annual Operating Expenses also shall include the annual amortization (over an assumed a period of the useful life of but not less ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property Premises that are required by any governmental authority (provided that same was not required as of the Commencement Date) or for the purpose of reducing operating expenses (only to the extent of such reduction) or directly enhancing the safety of tenants persons in the Building generallygenerally ("Included Capital Items"). The amount of the Annual Operating Expenses set forth in Section l(d1(e) represents Landlord's estimate of Tenant's share of the estimated operating costs Annual Operating Expenses during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increaseAnnual Operating Expenses increase or decrease. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease, provided that no such expenses shall accrue after the Expiration Date. Notwithstanding anything contained in this Lease to the contrary, Annual Operating Expenses shall not include (1) any and all of the costs or expenses listed on Exhibit "F" - Exclusions from Annual Operating Expenses or (2) electric costs, which shall be contracted directly by Tentant with the electric company and paid directly by Tenant.

Payment of Operating Expenses. Prior to the Term Commencement Date, and during December of each calendar year thereafter during the Term, or as soon thereafter as practicable, Landlord shall give Tenant written notice of the estimated Operating Expenses for the ensuing calendar year and the calculated estimated Tenant's Operating Expenses for the ensuing year ("Tenant's Estimated Operating Expenses") (failure to deliver such notice shall not excuse Tenant's obligation to pay Tenant's Operating Expenses). Tenant shall thereafter pay to Landlord the Annual Operating Expenses in equal monthly installments in of Tenant's Estimated Operating Expenses for the amount set forth in Section 1(d) (prorated for any partial month), from calendar year to which the Commencement Date and continuing throughout the Term estimate applies on the first day of each calendar month during such calendar year, in advance, and continuing thereafter on the Termfirst day of each subsequent month of such calendar year. All such payments shall be construed to be payments of Rent for all purposes hereof. If Tenant's Share changes at any time then, Tenant's monthly payments of Operating Expenses under this Section 25.02 shall be modified commencing on the date of such change to reflect Tenant's Share as additional rentmodified. If at any time during the course of the calendar year, without noticeLandlord reasonably determines that Tenant's Operating Expenses will vary from Tenant's Estimated Operating Expenses by more than five percent (5%), demand or setoff; provided that the monthly installment Landlord may, by written notice to Tenant, revise Tenant's Estimated Operating Expenses for the first full month shall be paid at the signing balance of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year and Tenant shall thereafter pay Tenant's Estimated Operating Expenses as so revised for the balance of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(d) represents Landlord's estimate of Tenant's share of the estimated operating costs during then current calendar year on the first day of each subsequent month of such calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this leaseyear.

Payment of Operating Expenses. Tenant shall pay to Landlord the Annual Operating Expenses in equal monthly installments in the amount set forth in Section 1(dl (d) (prorated for any partial month), from the Commencement Date and continuing throughout the Term on the first day of each calendar month during the Term, as additional rent, without notice, demand or setoff; , provided that the monthly installment for the first full month shall be paid at the signing of this lease. Landlord shall apply such payments to the annual operating costs to Landlord of operating and maintaining the Property during each calendar year of the Term, which costs may include by way of example rather than limitation: insurance premiums, fees, impositions, costs for repairs, maintenance, service contracts, management and administrative fees, governmental permits, overhead expenses, costs of furnishing water, sewer, gas, fuel, electricity, other utility services, janitorial service, trash removal, security services, landscaping and grounds maintenance, and the costs of any other items attributable to operating or maintaining any or all of the Property excluding any costs which under generally accepted accounting principles are capital expenditures; provided, however, that annual operating costs also shall include the annual amortization (over an assumed useful life of ten years) of the costs (including financing charges) of building improvements made by Landlord to the Property that are required by any governmental authority or for the purpose of reducing operating expenses or directly enhancing the safety of tenants in the Building generally. The amount of the Annual Operating Expenses set forth in Section l(dl (d) represents Landlord's estimate of Tenant's share of the estimated operating costs during the first calendar year of the Term on an annualized basis; from time to time Landlord may adjust such estimated amount if the estimated operating costs increase. Tenant's obligation to pay the Annual Operating Expenses pursuant to this Section 7 shall survive the expiration or termination of this lease.