Landlord's Expenses means the costs charges commissions premiums fees interest and other expenditure paid or incurred or deemed to be paid or incurred by the Landlord in respect of or incidental to all or any of the Services or otherwise required to be taken into account for the purpose of calculating the Service Charge but which shall exclude any expenses incurred by the Landlord in its initial refurbishment of the Building and the Common Parts;
In the event that the Executive Park is 95% or more fully occupied, Landlord's Expenses shall be actual costs of operation.
In the event Tenant shall dispute Landlord's Expense Statement and the parties cannot resolve their differences through negotiations within thirty (30) days thereafter, Tenant shall have the right to audit, at its sole cost and expense, all relevant books and records pertaining to Landlord's Expenses.
Such additional rental shall be payable by Tenant to Landlord as follows: (i) The additional rent for Operating Expenses for the first Operating Year shall be payable on the first day of each month commencing on January 1996 and ending December 31, 1996 in a monthly installment equal to12th of the additional rent hereunder for Landlord's Expenses reasonably estimated by Landlord to be payable by Tenant to Landlord for the first Operating Year.
As between Assignor and Assignee, Landlord's Expenses shall be paid as they have or may agree.
Upon compliance with the foregoing provisions, including payment of Landlord's Expenses, the Lease shall terminate and neither Landlord nor Tenant shall have any further rights or obligations thereunder.