RENTAL") IN THE AMOUNTS
SET FORTH IN PARAGRAPH 1 OF THE RIDER ATTACHED HERETO.
TENANT SHALL ALSO PAY
THE LANDLORD, AT THE TIMES AND IN THE MANNER PROVIDED IN SECTION 5, THE
OPERATING COSTS AND REAL ESTATE TAXES (AS DEFINED THEREIN).
(B)
ALL PAYMENTS OF ANNUAL BASE RENTAL REQUIRED TO BE MADE UNDER THIS
SECTION 4, OR PAYMENTS TO BE MADE BY TENANT UNDER ANY OTHER SECTION OF THIS
LEASE (HEREINAFTER DESIGNATED "ADDITIONAL RENT"), SHALL, EXCEPT TO THE EXTENT
EXPRESSLY PROVIDED TO THE CONTRARY HEREIN, BE MADE WITHOUT ANY SETOFF OR
COUNTERCLAIM WHATSOEVER, AND SHALL BE MADE PAYABLE TO AND SENT TO LANDLORD AT
THE MANAGEMENT OFFICE OF LANDLORD IN THE BUILDING OR SUCH OTHER PLACE AS
LANDLORD MAY DESIGNATE.
(C)
ANNUAL BASE RENTAL AND ADDITIONAL RENT ARE SOMETIMES HEREINAFTER
COLLECTIVELY REFERRED TO AS "RENT".
The first monthly installment of Annual Base Rental shall be paid on the
Commencement Date, except that in the event the Commencement Date shall be a
date other than the first day of the calendar month, then Tenant shall pay on
the Commencement Date an amount equal to such portion of an equal monthly
installment as the number of days from the Commencement Date to the end of the
calendar month in which the Commencement Date occurs bears to the total number
of days in said calendar month, and said payment shall represent the pro-rata
Annual Base Rental from the Commencement Date to the end of such calendar month.
5.
ADJUSTMENT OF RENT.
(A)
PAYMENT OF OPERATING COSTS AND REAL ESTATE TAXES.
(I)
PRIOR TO THE COMMENCEMENT DATE, LANDLORD SHALL PROVIDE TO TENANT
AN ESTIMATE OF THE AMOUNT OWED FOR TENANT'S PROPORTIONATE SHARE OF OPERATING
COSTS AND REAL ESTATE TAXES (AS DEFINED HEREIN).
TENANT, WITHOUT FURTHER
NOTICE, SHALL PAY TO LANDLORD IN MONTHLY INSTALLMENTS ONE-TWELFTH (1/12TH) OF
SUCH ESTIMATE SIMULTANEOUSLY WITH TENANT'S PAYMENT OF ANNUAL BASE RENTAL.
ANY
FAILURE BY LANDLORD TO DELIVER ANY SUCH ESTIMATE SHALL NOT RELIEVE TENANT OF ITS
OBLIGATIONS TO PAY OPERATING COSTS AND REAL ESTATE TAXES AS HEREIN PROVIDED.
LANDLORD SHALL PROVIDE AN ADJUSTED ESTIMATE TO TENANT DURING THE FIRST QUARTER
OF EVERY SUBSEQUENT CALENDAR YEAR DURING THE TERM.
UPON RECEIPT OF ANY SUCH
ADJUSTED ESTIMATE, TENANT SHALL PAY ANY TRUE-UP AMOUNTS (THE DIFFERENCE BETWEEN
THE AMOUNT PAID PRIOR TO THE ADJUSTED ESTIMATE AND THE ADJUSTED ESTIMATE) AND
ONE-TWELFTH (1/12TH) OF SUCH ADJUSTED ESTIMATE SIMULTANEOUSLY WITH TENANT'S
PAYMENT OF ANNUAL BASE RENTAL.
IF, AT ANY OTHER TIME DURING THE TERM, IT
REASONABLY APPEARS TO LANDLORD THAT THE OPERATING COSTS OR REAL ESTATE TAXES FOR
THE CURRENT CALENDAR YEAR WILL VARY FROM LANDLORD'S ESTIMATE, THEN LANDLORD MAY
READJUST THE ESTIMATE FOR OPERATING COSTS OR THE REAL ESTATE TAXES FOR SUCH
CALENDAR YEAR BY NOTICE DELIVERED TO TENANT, AND SUBSEQUENT PAYMENTS BY TENANT
FOR SUCH CALENDAR YEAR WILL BE BASED UPON SUCH ESTIMATE.
(II)
LANDLORD SHALL DELIVER TO TENANT, WITHIN ONE HUNDRED TWENTY (120)
DAYS AFTER THE END OF EACH CALENDAR YEAR DURING THE TERM, UNLESS DELAYED BY
CAUSES BEYOND LANDLORD'S REASONABLE