Common use of Tenant’s Pro Rata Share Clause in Contracts

Tenant’s Pro Rata Share. Except as otherwise provided herein, Tenant's Pro Rata Share, as used in this Lease, shall be an amount calculated by multiplying the amount of the costs, expenses or charges being prorated by a fraction whose numerator is the total number of square feet of floor area leased by Tenant in the Leased Premises and whose denominator is the total number of square feet of leasable floor area in the Offices and the Warehouse and any other building now or hereafter constructed on the Land, except that for purposes of calculating Tenant's share of Common Outside Area Expenses (as opposed to CAM Charges), Tenant's Pro Rata Share shall be 25%. The total number of leasable square feet of floor area in the Offices and the Warehouse on the Commencement Date is 580,140 square feet. Based on the foregoing, Tenant's Pro Rata Share shall be 9.98%. Any change in floor area resulting from construction by Landlord of an addition to or expansion or reduction of the Leased Premises or the Warehouse will be included in the calculation of floor area for purposes of this Section and, in such case, Tenant's Pro Rata Share (both the 9.98% and the 25%) will be adjusted accordingly. The architect in charge of the construction of such addition, expansion or reduction shall certify to Landlord and Tenant the square footage of the addition, expansion or reduction by measuring from the exterior faces of exterior walls or, if none, to the center of any demising partition, without deduction for columns or structural elements. Notwithstanding the preceding provisions of this Section, for purposes of more fairly allocating costs among tenants, in calculating Tenant's Pro Rata Share, any CAM Charges or Common Outside Area Expenses which can be reasonably attributed only to the Leased Premises or the Warehouse, or to a particular portion thereof, shall be allocated in the reasonable discretion of Landlord to the tenant or tenants in that portion of the Buildings.

Tenant’s Pro Rata Share. Except as otherwise provided herein, “Tenant's ’s Pro Rata Share” shall mean the percentage set forth in the Summary as Tenant’s Pro Rata Share which is the percentage derived by dividing the approximate Floor Area of the Demised Premises, as used initially set forth in the Summary, by the approximate Floor Area of the Building or the Project, as the case may be, as initially set forth in the Summary. Landlord and Tenant agree that such approximations of Floor Area of the Demised Premises, the Building and the Project are reasonable, and that the calculations of Basic Rent and Tenant’s Pro Rata Share based on such approximations are not subject to revision under any circumstances, except as expressly provided in this LeaseSection 4.6. If the Floor Area of the Demised Premises, the Building, or the Project are ever remeasured, the result may only be used to adjust the identification thereof, and neither Landlord nor Tenant shall be entitled to claim an amount calculated by multiplying increase or decrease in the amount of the costs, expenses or charges being prorated by a fraction whose numerator is the total number of square feet of floor area leased by Tenant monthly Basic Rent specified in the Leased Premises and whose denominator is Summary or the total number amount of square feet of leasable floor area Tenant’s Pro Rata Share specified in the Offices and Summary based upon such remeasurement. The Demised Premises shall be approximately as depicted in the Warehouse and Space Plan, provided, however, in no event shall Landlord be liable to Tenant or Tenant have any claims or rights against Landlord if the actual Floor Area of the Demised Premises is different than the estimated Floor Area of the Demised Premises herein provided. Notwithstanding anything to the contrary, if Landlord from time to time increases or reduces the Floor Area of the Building or constructs additional building(s) upon the Land or the Project, as the case may be, then Landlord shall recalculate Tenant’s Pro Rata Share using the formulas hereinabove set forth based upon the added or reduced Floor Area. Landlord shall be entitled to provide services for the Common Facilities for either the Building or the Project, as Landlord determines from time to time. Landlord shall be entitled to charge from time to time all or any item of the Common Facilities Charges, Taxes, Landlord’s Insurance, or any other building now or hereafter constructed Additional Rent on the Landbasis of either the Building or the Project. For all items to be charged for the Building, except that the Tenant’s Pro Rata Share of the Building shall be used and, for all items relating to the Project, Tenant’s Pro Rata Share of the Project shall be used for the purposes of calculating Tenant's share of Common Outside Area Expenses (such items, as opposed to CAM Charges), Tenant's Pro Rata Share shall be 25%. The total number of leasable square feet of floor area in the Offices and the Warehouse on the Commencement Date is 580,140 square feet. Based on the foregoing, Tenant's Pro Rata Share shall be 9.98%. Any change in floor area resulting from construction determined by Landlord of an addition to or expansion or reduction of the Leased Premises or the Warehouse will be included in the calculation of floor area for purposes of this Section and, in such case, Tenant's Pro Rata Share (both the 9.98% and the 25%) will be adjusted accordingly. The architect in charge of the construction of such addition, expansion or reduction shall certify to Landlord and Tenant the square footage of the addition, expansion or reduction by measuring from the exterior faces of exterior walls or, if none, to the center of any demising partition, without deduction for columns or structural elements. Notwithstanding the preceding provisions of this Section, for purposes of more fairly allocating costs among tenants, in calculating Tenant's Pro Rata Share, any CAM Charges or Common Outside Area Expenses which can be reasonably attributed only to the Leased Premises or the Warehouse, or to a particular portion thereof, shall be allocated in the reasonable discretion of Landlord to the tenant or tenants in that portion of the BuildingsLandlord.

Tenant’s Pro Rata Share. Except Throughout the entire Lease Term, Tenant shall pay, as otherwise Additional Rent, Tenant’s Pro Rata Share of the Operating Expenses and Taxes. If in any Operating Year Tenant occupies the Premises or any portion thereof for less than the full Operating Year, Tenant’s Pro Rata Share of Operating Expenses and Taxes shall be prorated accordingly. “Tenant’s Percentage” of purposes of Taxes shall be determined in accordance with Section 5.4 above. “Tenant’s Percentage” for purposes of Operating Expenses shall mean a percentage, the numerator of which is the Floor Area of the Premises and the denominator of which is the total Floor Area of the buildings in the Project, whether or not such space is actually rented. The initial Tenant’s Percentage is specified in Section 1.15 of the Basic Lease Information. The Tenant’s Percentage (as specified in Section 1.15 of the Basic Lease Information and adjusted as provided herein, ) may be changed from time to time to reflect any change in the total rentable square footage in the buildings in the Project. “Tenant's ’s Pro Rata Share” shall mean Tenant’s Percentage multiplied by the total Operating Expenses and Taxes for the applicable Operating Year. Landlord shall have the right to create different pools of Operating Expenses based upon services provided to particular tenants or occupants in the Project (such as allocating costs within tenants in the Building), as used in this Lease, which event Tenant’s Percentage shall be an amount calculated by multiplying the amount of the costs, expenses or charges being prorated by a fraction whose numerator is the total number of square feet of floor area leased by Tenant in the Leased Premises and whose denominator is the total number of square feet of leasable floor area in the Offices and the Warehouse and any other building now or hereafter constructed on the Land, except that adjusted for purposes of calculating any pool of Operating Expenses in which Tenant is included based on the total Floor Area of the tenants or occupants in the Project included in such pool. [Notwithstanding anything to the contrary, in no event shall Tenant's share of Common Outside Area Expenses (as opposed to CAM Charges), Tenant's ’s Pro Rata Share of “controllable” Operating Expenses due and payable for subsequent Operating Years after the first Operating Year increase by more than five percent (5%) per annum on a cumulative basis (“CAM Cap”). For purposes hereof, “controllable” Operating Expenses shall be 25%not include amounts paid by Landlord for insurance premiums, utilities serving the Common Areas, Taxes, non-recurring expenses or security. The total number During any Extension Term, if Tenant exercises an Extension Option, the CAM Cap shall not apply during the first Operating Year of leasable square feet of floor area in the Offices any Extension Term and the Warehouse on the Commencement Date is 580,140 square feet. Based on the foregoing, Tenant's ’s Pro Rata Share of Operating Expenses shall be 9.98%. Any change based upon and reset to the actual Operating Expenses, but the CAM Cap (adjusted to the actual Operating Expenses for the initial Operating Year during the Extension Option and increasing as set forth above thereafter, shall apply with respect to increases in floor area resulting from construction by Landlord of an addition to or expansion or reduction of the Leased Premises or the Warehouse will be included in the calculation of floor area for purposes of this Section and, in such case, Tenant's ’s Pro Rata Share (both the 9.98% and the 25%) will be adjusted accordingly. The architect of Operating Expenses for each subsequent Operating Year in charge of the construction of such addition, expansion or reduction shall certify to Landlord and Tenant the square footage of the addition, expansion or reduction by measuring from the exterior faces of exterior walls or, if none, to the center of any demising partition, without deduction for columns or structural elements. Notwithstanding the preceding provisions of this Section, for purposes of more fairly allocating costs among tenants, in calculating Tenant's Pro Rata Share, any CAM Charges or Common Outside Area Expenses which can be reasonably attributed only to the Leased Premises or the Warehouse, or to a particular portion thereof, shall be allocated in the reasonable discretion of Landlord to the tenant or tenants in that portion of the BuildingsExtension Term.]

Tenant’s Pro Rata Share. Except as otherwise provided herein, “Tenant's ’s Pro Rata Share” shall mean the percentage set forth in the Summary as Tenant’s Pro Rate Share which is the percentage derived by dividing the approximate Floor Area of the Demised Premises, as used initially set forth in the Summary, by the approximate Floor Area of the Building or the Project, as the case may be as initially set forth in the Summary. Landlord and Tenant agree that such approximations of Floor Area of the Demised Premises, the Building and the Project are reasonable, and that the Calculations of Basic Rent and Tenant’s Pro Rate Share based on such approximations are not subject to revision under any circumstances, except as expressly provided in this LeaseSection 4.6. If the Floor Area of the Demised Premises, the Building, or the Project are ever remeasured, the result may only be used to adjust the identification thereof, and neither Landlord nor Tenant shall be entitled to claim an amount calculated by multiplying increase or decrease in the amount of the costs, expenses or charges being prorated by a fraction whose numerator is the total number of square feet of floor area leased by Tenant Monthly Basic Rent Specified in the Leased Premises and whose denominator is Summary of the total number amount of square feet of leasable floor area Tenant’s Pro Rate Share specified in the Offices and Summary based upon such remeasurement. The Demised Premises shall be approximately as depicted in the Warehouse and Space Plan; provided, however, in no event shall Landlord be liable to Tenant or Tenant have any claims or rights against Landlord if the actual Floor Area of the Demised Premises is different than the estimated Floor Area of the Demised Premises herein provided. Notwithstanding anything to the contrary, if Landlord from time to time constructs additional building(s) upon the Land or the Project, as the case may be, then Landlord shall recalculate Tenant’s Pro Rata Share using the formulas hereinabove set forth based upon the added or reduced Floor Area. Landlord may not increase or decrease Floor Area of the Building. Landlord shall be entitled to provide services for the Common Facilities for either the Building or the Project, as Landlord determines from time to time. Landlord shall be entitled to charge from time to time all or any item of the Common Facilities Charges, Taxes, Landlord’s Insurance, or any other building now or hereafter constructed Additional Rent on the Landbasis of either the Building or the Project, except that which will be charged during the Lease Term in a consistent manner. For all items to be charged for the Building, the Tenant’s Pro Rata Share of the Building shall be used and, for all items relating to the Project, Tenant’s Pro Rata Share of the Project shall be used for the purposes of calculating Tenant's share of Common Outside Area Expenses (such items, as opposed to CAM Charges), Tenant's Pro Rata Share shall be 25%. The total number of leasable square feet of floor area reasonably and in the Offices and the Warehouse on the Commencement Date is 580,140 square feet. Based on the foregoing, Tenant's Pro Rata Share shall be 9.98%. Any change in floor area resulting from construction a consistent manner determined by Landlord of an addition to or expansion or reduction of the Leased Premises or the Warehouse will be included in the calculation of floor area for purposes of this Section and, in such case, Tenant's Pro Rata Share (both the 9.98% and the 25%) will be adjusted accordingly. The architect in charge of the construction of such addition, expansion or reduction shall certify to Landlord and Tenant the square footage of the addition, expansion or reduction by measuring from the exterior faces of exterior walls or, if none, to the center of any demising partition, without deduction for columns or structural elements. Notwithstanding the preceding provisions of this Section, for purposes of more fairly allocating costs among tenants, in calculating Tenant's Pro Rata Share, any CAM Charges or Common Outside Area Expenses which can be reasonably attributed only to the Leased Premises or the Warehouse, or to a particular portion thereof, shall be allocated in the reasonable discretion of Landlord to the tenant or tenants in that portion of the BuildingsLandlord.

Tenant’s Pro Rata Share. Except Throughout the entire Lease Term, Tenant shall pay, as otherwise provided hereinAdditional Rent, the Tenant's Pro Rata Share, as used in this Lease, Percentage (defined below) of the Operating Expenses and Taxes for the Project. Tenant's Percentage of Operating Expenses for the Building and Building Common Areas is one hundred and no/100 percent (100%); and Tenant's percentage share of Operating Expenses for the Park Common Areas is one hundred and no/100 percent (100%) of such Operating Expenses charged to the Building. The percentage of Park Common Areas charged to the Building is three and 40/100 percent (3.4%). The Tenant's Percentage shall be an amount calculated adjusted as necessary, relative to increases or decreases in the size of AmberGlen Business Center based on the relative increase or decrease in square footage. For each year of the Lease Term, Tenant shall pay to Landlord in advance on or before the first day of each month, without demand or notice, one-twelve (1/12th) of Tenant's share of the estimated annual Operating Expenses. If the term of this Lease commences on a day other than the first day of a calendar month, Tenant shall pay to Landlord on the first day of the term, a sum determined by multiplying the amount one three-hundred-sixty-fifth (1/365th) of the costsTenant's share of the estimated Operating Expenses by the number of days remaining in the first calendar month of the term. "Tenant's Percentage" for the Building shall mean a percentage, expenses or charges being prorated by a fraction whose the numerator of which is the number of rentable square feet of the Premises and the denominator of which is the total number of rentable square feet of floor area leased by Tenant in the Leased Premises Building, whether or not such space is actually rented. "Tenant's Percentage" for the Park Common Area shall mean a percentage, the numerator of which is the number of acres of the Land and whose the denominator of which is the total number of square feet acres of leasable floor area all lots within AmberGlen which are developed with buildings. The Tenant's Percentage (as specified in the Offices Basic Lease Information, and adjusted as provided herein) may be changed from time to time to reflect any change in the Warehouse and any other building now total rentable square footage in the Building or hereafter constructed in total acreage of AmberGlen lots developed with buildings. All calculations of rentable area shall be on the Land, except that for purposes of calculating Tenant's share of Common Outside Area Expenses (basis as opposed originally used to CAM Charges), Tenant's Pro Rata Share shall be 25%. The total number of leasable square feet of floor determine the rentable area shown in the Offices and the Warehouse on the Commencement Date is 580,140 square feet. Based on the foregoing, Tenant's Pro Rata Share shall be 9.98%. Any change in floor area resulting from construction by Landlord of an addition to or expansion or reduction of the Leased Premises or the Warehouse will be included in the calculation of floor area for purposes of this Section and, in such case, Tenant's Pro Rata Share (both the 9.98% and the 25%) will be adjusted accordingly. The architect in charge of the construction of such addition, expansion or reduction shall certify to Landlord and Tenant the square footage of the addition, expansion or reduction by measuring from the exterior faces of exterior walls or, if none, to the center of any demising partition, without deduction for columns or structural elements. Notwithstanding the preceding provisions of this Section, for purposes of more fairly allocating costs among tenants, in calculating Tenant's Pro Rata Share, any CAM Charges or Common Outside Area Expenses which can be reasonably attributed only to the Leased Premises or the Warehouse, or to a particular portion thereof, shall be allocated in the reasonable discretion of Landlord to the tenant or tenants in that portion of the BuildingsBasic Lease Information.

Tenant’s Pro Rata Share. Except Throughout the entire Lease Term, Tenant shall pay, as otherwise Additional Rent, Xxxxxx’s Pro Rata Share of the Operating Expenses and Taxes. If in any Operating Year Tenant occupies the Premises or any portion thereof for less than the full Operating Year, Xxxxxx’s Pro Rata Share of Operating Expenses and Taxes shall be prorated accordingly. “Tenant’s Percentage” of purposes of Taxes shall be determined in accordance with Section 5.4 above. “Tenant’s Percentage” for purposes of Operating Expenses shall mean a percentage, the numerator of which is the Floor Area of the Premises and the denominator of which is the total Floor Area of the buildings in the Project, whether or not such space is actually rented. The initial Tenant’s Percentage is specified in Section 1.15 of the Basic Lease Information. The Tenant’s Percentage (as specified in Section 1.15 of the Basic Lease Information and adjusted as provided herein, ) may be changed from time to time to reflect any change in the total rentable square footage in the buildings in the Project. “Tenant's ’s Pro Rata Share” shall mean Tenant’s Percentage multiplied by the total Operating Expenses and Taxes for the applicable Operating Year. Landlord shall have the right to create different pools of Operating Expenses based upon services provided to particular tenants or occupants in the Project (such as allocating costs within tenants in the Building), as used in this Lease, which event Tenant’s Percentage shall be an amount calculated by multiplying the amount of the costs, expenses or charges being prorated by a fraction whose numerator is the total number of square feet of floor area leased by Tenant in the Leased Premises and whose denominator is the total number of square feet of leasable floor area in the Offices and the Warehouse and any other building now or hereafter constructed on the Land, except that adjusted for purposes of calculating any pool of Operating Expenses in which Tenant is included based on the total Floor Area of the tenants or occupants in the Project included in such pool. [Notwithstanding anything to the contrary, in no event shall Tenant's share of Common Outside Area Expenses (as opposed to CAM Charges), Tenant's ’s Pro Rata Share of “controllable” Operating Expenses due and payable for subsequent Operating Years after the first Operating Year increase by more than five percent (5%) per annum on a cumulative basis (“CAM Cap”). For purposes hereof, “controllable” Operating Expenses shall be 25%not include amounts paid by Landlord for insurance premiums, utilities serving the Common Areas, Taxes, non-recurring expenses or security. The total number During any Extension Term, if Tenant exercises an Extension Option, the CAM Cap shall not apply during the first Operating Year of leasable square feet of floor area in the Offices any Extension Term and the Warehouse on the Commencement Date is 580,140 square feet. Based on the foregoing, Tenant's ’s Pro Rata Share of Operating Expenses shall be 9.98%. Any change based upon and reset to the actual Operating Expenses, but the CAM Cap (adjusted to the actual Operating Expenses for the initial Operating Year during the Extension Option and increasing as set forth above thereafter, shall apply with respect to increases in floor area resulting from construction by Landlord of an addition to or expansion or reduction of the Leased Premises or the Warehouse will be included in the calculation of floor area for purposes of this Section and, in such case, Tenant's ’s Pro Rata Share (both the 9.98% and the 25%) will be adjusted accordingly. The architect of Operating Expenses for each subsequent Operating Year in charge of the construction of such addition, expansion or reduction shall certify to Landlord and Tenant the square footage of the addition, expansion or reduction by measuring from the exterior faces of exterior walls or, if none, to the center of any demising partition, without deduction for columns or structural elements. Notwithstanding the preceding provisions of this Section, for purposes of more fairly allocating costs among tenants, in calculating Tenant's Pro Rata Share, any CAM Charges or Common Outside Area Expenses which can be reasonably attributed only to the Leased Premises or the Warehouse, or to a particular portion thereof, shall be allocated in the reasonable discretion of Landlord to the tenant or tenants in that portion of the BuildingsExtension Term.]