SHARE SHALL BE MODIFIED BY EXCLUDING
FROM THE DENOMINATOR THEREOF THE SQUARE FOOTAGE CONTAINED IN SUCH CONVEYED
BUILDING.
LANDLORD AND TENANT AGREE THAT AS OF THE DATE OF THIS LEASE, PLAZA I
CONTAINS 401,179 SQUARE FEET, PLAZA II CONTAINS 726,078 SQUARE FEET, THE
BUILDING CONTAINS 750,000 SQUARE FEET, PLAZA IV-A CONTAINS 210,000 SQUARE FEET
AND PLAZA V CONTAINS 980,000 SQUARE FEET.
THE SQUARE FOOTAGE OF ANY OTHER
BUILDING LOCATED ON THE COMPLEX LAND SHALL BE DETERMINED HEREINAFTER IN THE SAME
MANNER AS THE DETERMINATION OF SQUARE FOOTAGE REFLECTED IN THE IMMEDIATELY
PRECEDING SENTENCE.
(F)
THE TERM "TENANT'S TAX SHARE" SHALL MEAN
THE PERCENTAGE RESULTING FROM DIVIDING THE NUMBER OF SQUARE FEET FROM TIME TO
TIME INCLUDED IN THE DEMISED PREMISES AND WITH RESPECT TO WHICH TENANT IS
OBLIGATED TO MAKE TENANT'S TAX PAYMENTS PURSUANT TO SECTION 3.01(B) BY THE
AGGREGATE NUMBER OF SQUARE FEET IN THE BUILDING AND PLAZA II, WHICH THE PARTIES
AGREE SHALL BE 1,476,078 SQUARE FEET AS OF THE DATE OF THIS LEASE.
IF AT ANY
TIME AFTER THE DATE OF THIS LEASE SQUARE FOOTAGE OF OFFICE, RETAIL OR OTHER
COMMERCIAL SPACE (EXCLUSIVE OF STORAGE SPACE THAT IS AN ADJUNCT TO SUCH SPACE)
SHALL BE ADDED TO OR SUBTRACTED FROM THE BUILDING OR PLAZA II, TENANT'S TAX
SHARE SHALL BE EQUITABLY ADJUSTED SO THAT TENANT PAYS ITS PROPORTIONATE SHARE OF
BUILDING TAXES IN THE SAME PROPORTION WHICH THE SQUARE FEET FROM TIME TO TIME
INCLUDED IN THE DEMISED PREMISES AS SET FORTH HEREIN BEARS TO THE TOTAL AREA OF
OFFICE, RETAIL OR OTHER COMMERCIAL SPACE (EXCLUSIVE OF SUCH STORAGE SPACE) IN
THE IMPROVEMENTS AS TO WHICH SUCH BUILDING AND PLAZA II TAXES RELATE, USING THE
SAME STANDARD OF MEASUREMENT TO COMPUTE THE AREA OF THE NEW OR ADDITIONAL SPACE
OR THE SUBTRACTED SPACE AS THAT USED TO COMPUTE THE AREA OF THE DEMISED PREMISES
FOR PURPOSES OF THIS LEASE.
IN THE EVENT OF SUCH ADJUSTMENT, LANDLORD AND
TENANT SHALL, AT EITHER PARTY'S REQUEST, EXECUTE AN INSTRUMENT CONFIRMING SUCH
ADJUSTMENT AND MAKING THE APPROPRIATE CHANGE IN TENANT'S TAX SHARE, BUT NO SUCH
INSTRUMENT SHALL BE NECESSARY TO MAKE THE SAME EFFECTIVE.
(G)
TENANT ACKNOWLEDGES THAT LANDLORD MAY
TRANSFER LEGAL OWNERSHIP OF PORTIONS OF THE PROPERTY TO LANDLORD AFFILIATED
ENTITIES FOR PURPOSES OF OBTAINING TAX ABATEMENTS FOR THE PROPERTY, FOR INCOME
TAX PLANNING PURPOSES OR OTHERWISE, AND NEITHER THE DEFINITION OF COMMON AREA
TAXES, NOR OF COMMON AREA TAX SHARE, NOR OF BUILDING TAXES, NOR OF TENANT'S TAX
SHARE SHALL BE AFFECTED BY REASON OF ANY SUCH TRANSFERS TO AFFILIATED ENTITIES;
ALL OF WHICH SHALL BE DEEMED FOR PURPOSES HEREOF TO CONTINUE TO BE OWNED BY
LANDLORD.
(H)
IF LANDLORD (OR ANY LANDLORD AFFILIATED
ENTITY) SHALL ACQUIRE ANY ADDITIONAL LAND IN THE IMMEDIATE VICINITY OF THE
COMPLEX (EACH, AN "ADDITIONAL PARCEL"), THEN, AT LANDLORD'S ELECTION,
EXERCISABLE BY WRITTEN NOTICE TO TENANT, (A) THE TAXES ALLOCABLE TO SUCH
ADDITIONAL PARCEL (OR THE PORTION THEREOF TO BE USED AS COMMON AREAS) SHALL BE
INCLUDED IN COMMON AREA TAXES IN ACCORDANCE WITH