DELIVERS ITS NOTICE OF THE ESTIMATED AMOUNTS DUE FROM TENANT FOR
THAT OPERATING YEAR).
LANDLORD SHALL RECONCILE THE ESTIMATED ADDITIONAL RENT
AND TENANT'S ACTUAL LIABILITY FOR OPERATING EXPENSES FOR EACH OPERATING YEAR
WITHIN SIXTY (60) DAYS OF THE CONCLUSION OF SUCH OPERATING YEAR.
IF THE
AGGREGATE AMOUNT OF ESTIMATED ADDITIONAL RENT ACTUALLY PAID BY TENANT DURING ANY
OPERATING YEAR IS LESS THAN TENANT'S ACTUAL LIABILITY FOR OPERATING EXPENSES FOR
THAT PARTICULAR OPERATING YEAR, TENANT SHALL PAY THE DEFICIENCY WITHIN THIRTY
(30) DAYS OF LANDLORD'S WRITTEN DEMAND THEREFOR.
IF THE AGGREGATE AMOUNT OF
ESTIMATED ADDITIONAL RENT ACTUALLY PAID BY TENANT DURING A GIVEN OPERATING YEAR
EXCEEDS TENANT'S ACTUAL LIABILITY FOR SUCH OPERATING YEAR, THE EXCESS SHALL BE
CREDITED AGAINST THE ESTIMATED ADDITIONAL RENT NEXT DUE FROM TENANT DURING THE
IMMEDIATELY SUBSEQUENT OPERATING YEAR, EXCEPT THAT IN THE EVENT THAT SUCH EXCESS
IS PAID BY TENANT DURING THE FINAL LEASE YEAR, THEN UPON THE EXPIRATION OF THE
TERM, LANDLORD OR AGENT SHALL PAY TENANT THE THEN-APPLICABLE EXCESS WITHIN
THIRTY (30) DAYS OF THE DETERMINATION THEREOF, WHICH DETERMINATION SHALL BE MADE
NO LATER THAN SIXTY (60) DAYS AFTER SUCH EXPIRATION.
NOTWITHSTANDING ANYTHING
CONTAINED HEREIN TO THE CONTRARY, LANDLORD SHALL HAVE NO OBLIGATION TO HIRE,
MANAGE OR ARRANGE FOR THE PROVISION OF GOODS AND SERVICES IN SUPPORT OF
OPERATIONS AT THE PREMISES.
TENANT SHALL BE RESPONSIBLE FOR NEGOTIATING WITH
THIRD PARTIES TO PROVIDE MAINTENANCE OR OPERATING SERVICES TO THE PREMISES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT THAT THE PROPERTY HAS
MULTIPLE TENANTS, LANDLORD SHALL BE SOLELY RESPONSIBLE FOR MAINTENANCE AND
SUPPORT OF THE COMMON AREAS, WITH COSTS ARISING THEREFROM BEING INCLUDED IN
OPERATING EXPENSES ON A PRO-RATA BASIS.
4.
USE OF PREMISES AND COMMON AREA.
4.1.
USE OF PREMISES AND PROPERTY.
THE PREMISES SHALL BE USED BY THE
TENANT FOR THE PURPOSE SET FORTH IN SECTION 1.7 ABOVE AND FOR NO OTHER PURPOSE
WITHOUT THE WRITTEN CONSENT OF LANDLORD, WHICH CONSENT SHALL NOT BE UNREASONABLY
CONDITIONED, DELAYED OR WITHHELD.
5
TENANT SHALL HAVE ACCESS TO THE PREMISES, BUILDING AND PROPERTY TWENTY-FOUR (24)
HOURS A DAY, SEVEN (7) DAYS A WEEK AND MAY SET ITS OWN BUSINESS HOURS IN ITS
SOLE DISCRETION.
TENANT SHALL NOT, AT ANY TIME, USE OR OCCUPY, OR SUFFER OR
PERMIT ANYONE TO USE OR OCCUPY, THE PREMISES, OR DO OR PERMIT ANYTHING TO BE
DONE IN THE PREMISES OR THE PROPERTY, IN ANY MANNER THAT MAY (A) VIOLATE ANY
CERTIFICATE OF OCCUPANCY FOR THE PREMISES OR THE PROPERTY; (B) CAUSE INJURY TO,
OR IN ANY WAY IMPAIR THE VALUE OR PROPER UTILIZATION OF, ALL OR ANY PORTION OF
THE PROPERTY (INCLUDING, BUT NOT LIMITED TO, THE STRUCTURAL ELEMENTS OF THE
PROPERTY) OR ANY EQUIPMENT, FACILITIES OR SYSTEMS THEREIN; (C) CONSTITUTE A
VIOLATION OF THE LAWS AND REQUIREMENTS OF ANY PUBLIC AUTHORITY OR THE RULES AND
REGULATIONS OF THE PROPERTY, INCLUDING ANY COVENANT, CONDITION OR RESTRICTION
AFFECTING THE PROPERTY; (D) EXCEED THE LOAD BEARING CAPACITY OF THE FLOOR OF THE
PREMISES; (E) IMPAIR OR TEND TO IMPAIR THE