ADDITIONAL RENT, 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,
THE TOP FLOOR PAYMENT 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
17
FOR THE YEAR IN WHICH THE COMMENCEMENT DATE, TOP FLOOR PAYMENT 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