INSURANCE
EXPENSES FOR SUCH CALENDAR YEAR.
CAM EXPENSES SHALL INCLUDE ALL VERIFIABLE,
REASONABLE THIRD PARTY COSTS OF LANDLORD IN THE OPERATION, MANAGEMENT, AND
MAINTENANCE OF THE COMMON AREA, THE MANNER AND EXPENDITURES THEREOF TO BE IN THE
REASONABLE DISCRETION OF LANDLORD, GENERALLY CONSISTENT WITH COMPARABLE
PROPERTIES IN THE ATLANTA AREA AND SHALL SPECIFICALLY INCLUDE ALL MANAGEMENT
FEES PAID TO LANDLORD'S AFFILIATE THAT MANAGES THE PREMISES.
SUCH CAM EXPENSES
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, EXPENSES INCURRED FOR WATER, SEWER,
GAS AND ALL OTHER UTILITIES, LANDSCAPE MAINTENANCE AND IRRIGATION, TRASH
DUMPSTERS, GENERAL MAINTENANCE AND SERVICES, LIGHTING, PAINTING, CLEANING,
POLICING, INSPECTING, REPAIR AND REPLACEMENT, MANAGEMENT FEES, TOGETHER WITH A
REASONABLE ALLOWANCE FOR OVERHEAD AND DEPRECIATION OF NECESSARY EQUIPMENT.
IN
RELATION TO THE FOREGOING, LANDLORD ACKNOWLEDGES AND AGREES THAT THE MANAGEMENT
FEES IT MAY CHARGE AS A COMPONENT OF CAM EXPENSES SHALL NOT EXCEED THREE PERCENT
(3%) OF THE GROSS REVENUES IT RECEIVES FROM LEASES FOR SPACE WITHIN THE
BUILDING.
PRIOR TO THE COMMENCEMENT OF THE TERM OF THIS LEASE, LANDLORD SHALL
GIVE TENANT WRITTEN NOTICE OF LANDLORD'S ESTIMATE OF THE AMOUNT OF ADDITIONAL
RENTAL PER MONTH PAYABLE PURSUANT-TO THIS SUBPARAGRAPH 3.01 (B) FOR THE PERIOD
FROM THE COMMENCEMENT OF THE TERM OF THIS LEASE THROUGH THE IMMEDIATELY
FOLLOWING DECEMBER AND TENANT SHALL COMMENCE SUCH MONTHLY PAYMENTS OF ADDITIONAL
RENT.
THEREAFTER, THE ADDITIONAL RENTAL PAYABLE PURSUANT TO THIS SUBPARAGRAPH
3.01(B) SHALL BE DETERMINED AND ADJUSTED IN ACCORDANCE WITH THE PROVISIONS OF
SUBPARAGRAPH 3.02.
3.02.
THE DETERMINATION AND ADJUSTMENT OF ADDITIONAL RENTAL CONTEMPLATED UNDER
SUBPARAGRAPH 3.01(B) SHALL BE MADE IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
(A)
DURING DECEMBER OF EACH CALENDAR YEAR DURING THE TERM OF THIS LEASE OR AS
SOON AFTER EACH SUCH DECEMBER AS PRACTICABLE, BUT IN NO EVENT LATER THAN APRIL 1
OF THE FOLLOWING YEAR, LANDLORD SHALL GIVE TENANT WRITTEN NOTICE OF ITS ESTIMATE
OF ADDITIONAL RENTAL PAYABLE UNDER SUBPARAGRAPH 3.01(B) FOR THE ENSUING CALENDAR
YEAR.
ON OR BEFORE THE FIRST DAY OF EACH MONTH DURING THE ENSUING CALENDAR
YEAR, TENANT SHALL PAY TO LANDLORD ONE-TWELFTH (1/12TH) OF SUCH ESTIMATED AMOUNT
TOGETHER WITH THE BASE RENTAL.
(B)
IN THE EVENT LANDLORD'S NOTICE SET FORTH IN SUBPARAGRAPH 3.02(A) IS NOT
GIVEN IN DECEMBER, UNTIL THE CALENDAR MONTH AFTER SUCH NOTICE IS DELIVERED BY
LANDLORD TENANT SHALL CONTINUE TO PAY TO LANDLORD MONTHLY DURING THE ENSUING
CALENDAR YEAR ESTIMATED PAYMENTS EQUAL TO THE AMOUNTS PAYABLE DURING THE
CALENDAR YEAR JUST ENDED.
UPON RECEIPT OF ANY SUCH POST-DECEMBER NOTICE, TENANT
SHALL (I) COMMENCE AS OF THE IMMEDIATELY FOLLOWING CALENDAR MONTH, AND CONTINUE
FOR THE REMAINDER OF THE CALENDAR YEAR, TO PAY TO LANDLORD MONTHLY SUCH NEW
6
ESTIMATED PAYMENTS AND (II) IF THE MONTHLY INSTALLMENT OF THE NEW ESTIMATE OF
SUCH ADDITIONAL RENTAL IS GREATER THAN THE MONTHLY INSTALLMENT OF THE ESTIMATE
FOR THE PREVIOUS CALENDAR YEAR, PAY TO LANDLORD WITHIN THIRTY (30) DAYS OF THE
RECEIPT OF SUCH NOTICE AN AMOUNT EQUAL TO THE DIFFERENCE OF SUCH MONTHLY
INSTALLMENT MULTIPLIED BY THE NUMBER OF FULL AND PARTIAL CALENDAR MONTHS