THIS LEASE
SHALL BE ABATED RETROACTIVELY TO THE TIME OF THE INTERRUPTION.
FURTHER, IF SUCH
INTERRUPTION OF UTILITIES CONTINUES FOR MORE THAN THIRTY (30) CONSECUTIVE DAYS,
TENANT SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE.
ARTICLE VI
OPERATING EXPENSES
6.1
PAYMENT OF OPERATING EXPENSES.
IN ADDITION
TO THE BASE RENT REQUIRED TO BE PAID BY TENANT PURSUANT TO SECTION 3.1 ABOVE,
COMMENCING ON JANUARY 1, 2003, AND DURING EACH MONTH THEREAFTER DURING THE TERM
OF THIS LEASE, TENANT SHALL PAY FOR EACH EXPENSE YEAR (AS
13
DEFINED BELOW) TO LANDLORD "TENANT'S PERCENTAGE" OF "OPERATING EXPENSES" (AS
SUCH TERMS ARE DEFINED IN THIS ARTICLE VI BELOW), WHICH ARE IN EXCESS OF THE
AMOUNT OF OPERATING EXPENSES APPLICABLE TO THE BASE YEAR, IN THE MANNER AND AT
THE TIMES SET FORTH IN THE FOLLOWING PROVISIONS OF THIS ARTICLE VI.
NOTWITHSTANDING THE FOREGOING, (I) IN NO EVENT SHALL ANY DECREASE IN ANY
OPERATING EXPENSES FOR ANY EXPENSE YEAR BELOW OPERATING EXPENSES FOR THE BASE
YEAR ENTITLE TENANT TO ANY DECREASE IN ANY BASE RENT OR ANY CREDIT AGAINST SUMS
DUE UNDER THIS LEASE, OR (II) NO INCREASE IN CCR ASSESSMENTS (AS DEFINED IN
SECTION 6.2, BELOW) EXCEEDING THREE PERCENT (3%) DURING ANY EXPENSE YEAR SHALL
BE INCLUDED IN THE CALCULATION OF TENANT'S PERCENTAGE OF OPERATING EXPENSES FOR
ANY EXPENSE YEAR.
AS USED HEREIN, "EXPENSE YEAR" SHALL MEAN EACH CALENDAR YEAR
IN WHICH ANY PORTION OF THE LEASE TERM FALLS, THROUGH AND INCLUDING THE CALENDAR
YEAR IN WHICH THE LEASE TERM EXPIRES.
6.2
DEFINITION OF OPERATING EXPENSES.
AS USED
IN THIS LEASE, THE TERM "OPERATING EXPENSES" SHALL CONSIST OF ALL COSTS AND
EXPENSES INCURRED OR REASONABLY RESERVED (BASED ON THE REASONABLE PRACTICES OF
LANDLORD'S OF COMPARABLE PROPERTIES) BY OR ON BEHALF OF LANDLORD IN CONNECTION
WITH THE OWNERSHIP, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF THE
SOUTHERN BUILDING AND COMMON AREAS AS DETERMINED BY STANDARD ACCOUNTING
PRACTICES INCLUDING THE FOLLOWING COSTS BY WAY OF ILLUSTRATION BUT NOT
LIMITATION:
(A) REAL PROPERTY TAXES AND ASSESSMENTS (AS DEFINED IN SECTION 6.3
BELOW) AND ANY TAXES OR ASSESSMENTS IMPOSED IN LIEU THEREOF; (B) ANY AND ALL
ASSESSMENTS IMPOSED WITH RESPECT TO THE SOUTHERN BUILDING, LAND COMMON AREAS
AND/OR PROJECT PURSUANT TO ANY COVENANTS, CONDITIONS AND RESTRICTIONS ("CCR'S)
AFFECTING THE PROJECT, COMMON AREAS OR SOUTHERN BUILDING INCLUDING, BUT NOT
LIMITED TO, THE CCR'S FOR THE BUSINESS PARK ("CCR ASSESSMENTS"); (C) WATER AND
SEWER CHARGES AND THE COSTS OF ELECTRICITY, HVAC AND OTHER UTILITIES, EXCLUDING
THOSE WHICH ARE FURNISHED TO THE DEMISED PREMISES AND OTHER LEASED PREMISES
WITHIN THE SOUTHERN BUILDING WHICH ARE SEPARATELY METERED AND PAID SEPARATELY BY
THE TENANTS, INCLUDING TENANT (PROVIDED THAT TENANT'S PERCENTAGE THEREOF SHALL
BE REDUCED TO REFLECT ANY PORTION OF THE DEMISED PREMISES THAT IS SEPARATELY
METERED); (D) UTILITIES SURCHARGES AND ANY OTHER COSTS, LEVIES OR ASSESSMENTS
RESULTING FROM STATUTES OR REGULATIONS PROMULGATED BY ANY GOVERNMENT AUTHORITY
IN CONNECTION WITH THE USE OR OCCUPANCY OF THE SOUTHERN BUILDING, LAND OR THE
DEMISED PREMISES OR THE PARKING FACILITIES SERVING THE SOUTHERN BUILDING, LAND
OR