If any part of the Building or the Land is used for purposes other than the Permitted Use, the Landlord (acting reasonably) may in its absolute discretion by notice to the Tenant vary the Tenants Proportion of any operating expense to reflect the appropriate proportion of an operating expense applicable to that part of the Building or Land.
The Landlord may by notice to the Tenant change the Tenants Proportion to reflect the correct proportion of the Tenants occupation of the Building, calculated by dividing the Area of the Premises by the Area of the Building.
In each Adjustment Year, Tenant shall pay Tenants Proportion of Taxes to the extent the Taxes for such Adjustment Year exceed the Taxes for the applicable Base Year (Tax Excess) for the portion of the Premises in question.
Notwithstanding anything contained herein to the contrary, Tenant shall have no duty to pay Tenants Proportion of Taxes, nor shall same accrue, until the twenty-first (21st) month anniversary of the 1st Commencement Date, and Tenants obligations for the remainder of such Adjustment Year shall be prorated accordingly.
If a change in Taxes is obtained with respect to any Adjustment Year during which Tenant paid (or is required to pay) Tenants Proportion of any Tax Excess, then Taxes for that year will be retroactively adjusted, and Landlord shall provide Tenant with a credit, if any, based on the adjustment.