ITEMS (III), (VII) AND (VIII) OF
SECTION 5.1(B) ABOVE).
LANDLORD MAY BY WRITTEN NOTICE TO TENANT REVISE SUCH
ESTIMATES FROM TIME TO TIME AND TENANT SHALL THEREAFTER MAKE PAYMENTS ON THE
BASIS OF SUCH REVISED ESTIMATES, COMMENCING ON THE DATE IMMEDIATELY FOLLOWING
THE RECEIPT OF SUCH REVISED ESTIMATES THAT IS THE EARLIER OF JANUARY 1 AND
AUGUST 1.
WITH REASONABLE PROMPTNESS AFTER THE EXPIRATION OF EACH CALENDAR
YEAR, LANDLORD WILL FURNISH TENANT WITH A STATEMENT ("LANDLORD'S EXPENSE
STATEMENT") SETTING FORTH IN REASONABLE DETAIL THE ACTUAL OPERATING EXPENSES FOR
SUCH YEAR AND TENANT'S SHARE.
IF TENANT'S SHARE OF THE ACTUAL OPERATING
EXPENSES FOR SUCH YEAR EXCEEDS THE ESTIMATED OPERATING EXPENSES PAID BY TENANT
FOR SUCH YEAR, TENANT SHALL PAY TO LANDLORD (WHETHER OR NOT THIS LEASE HAS
TERMINATED) THE DIFFERENCE BETWEEN THE AMOUNT OF ESTIMATED OPERATING EXPENSES
PAID BY TENANT AND TENANT'S SHARE OF THE ACTUAL OPERATING EXPENSES WITHIN
FIFTEEN (15) DAYS AFTER THE RECEIPT OF LANDLORD'S EXPENSE STATEMENT.
IF THE
TOTAL AMOUNT PAID BY TENANT FOR ANY YEAR EXCEEDS TENANT'S SHARE OF THE ACTUAL
OPERATING EXPENSES FOR THAT YEAR, THE EXCESS SHALL BE CREDITED AGAINST THE NEXT
INSTALLMENTS OF BASE RENT DUE FROM TENANT TO LANDLORD, OR, IF AFTER THE
TERMINATION DATE, THE EXCESS SHALL FIRST BE CREDITED AGAINST ANY UNPAID BASE
RENT OR ADDITIONAL RENT DUE AND REMAINING ANY EXCESS SHALL BE REFUNDED TO TENANT
CONCURRENTLY WITH THE FURNISHING OF LANDLORD'S EXPENSE STATEMENT.
5.3
PRORATION.
IF EITHER THE COMMENCEMENT DATE OR THE TERMINATION DATE
OCCURS ON A DATE OTHER THAN THE FIRST OR LAST DAY, RESPECTIVELY, OF A CALENDAR
YEAR, TENANT'S SHARE OF OPERATING EXPENSES FOR THE YEAR IN WHICH THE
COMMENCEMENT DATE OR TERMINATION DATE OCCURS SHALL BE PRORATED BASED ON A
365-DAY YEAR.
5.4
NORMALIZATION.
FOR THE PURPOSE OF DETERMINING OPERATING EXPENSES
FOR ANY PARTIAL YEAR, OPERATING EXPENSES SHALL BE DEEMED TO ACCRUE UNIFORMLY
DURING THE ENTIRE CALENDAR YEAR.
IF ANY PART OF THE BUILDING OR (WITH RESPECT
TO THOSE OPERATING EXPENSES FOR WHICH TENANT'S SHARE IS DETERMINED BY THE
RENTABLE AREA OF THE PROPERTY) OTHER RENTABLE AREAS OF THE PROPERTY IS NOT FULLY
LEASED DURING A CALENDAR YEAR, OPERATING EXPENSES SHALL BE ADJUSTED TO ADD
AMOUNTS AND ITEMS OF OPERATING EXPENSES WHICH WOULD NORMALLY HAVE BEEN INCURRED
IF THE BUILDING OR OTHER RENTABLE AREAS OF THE PROPERTY (AS APPLICABLE) HAD BEEN
FULLY LEASED DURING SUCH CALENDAR YEAR AND TENANT'S SHARE OF OPERATING EXPENSES
(BOTH FOR THE PURPOSES OF THE INITIAL ESTIMATE AND YEAR-END RECONCILIATION)
SHALL BE BASED ON AN ASSUMED FULL OCCUPANCY OF THE BUILDING OR THE PROPERTY (AS
APPLICABLE).
5.5
OTHER BUILDINGS.
IN THE EVENT ANY FACILITIES, SERVICES OR
UTILITIES USED IN CONNECTION WITH THE BUILDING ARE PROVIDED FROM ANOTHER
BUILDING OWNED OR OPERATED BY LANDLORD OR VICE VERSA, THE COSTS INCURRED BY
LANDLORD IN CONNECTION WITH THE OPERATION OF THE BUILDING SHALL BE ALLOCATED TO
OPERATING EXPENSES BY LANDLORD ON A REASONABLY EQUITABLE BASIS, SUBJECT TO THE
TERMS OF EXISTING COVENANTS AND RESTRICTIONS ENCUMBERING THE PROPERTY.
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5.6
UTILITY COSTS.
SUBJECT TO THE