TENANT FOR THAT OPERATING YEAR).
LANDLORD MAY DURING
THE COURSE OF ANY OPERATING YEAR, REDETERMINE THE AMOUNT OF ITS ESTIMATE OF
OPERATING EXPENSES FOR SUCH OPERATING YEAR AND ADJUST THE AMOUNT OF ESTIMATED
ADDITIONAL RENT
ACCORDINGLY, WHEREUPON TENANT SHALL PAY THE ADJUSTED ESTIMATED
ADDITIONAL RENT FROM AND AFTER THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN
WHICH LANDLORD DELIVERS TO TENANT WRITTEN NOTICE OF
SUCH ADJUSTMENT OF
ESTIMATED ADDITIONAL RENT.
IF THE AGGREGATE AMOUNT OF ESTIMATED ADDITIONAL RENT
ACTUALLY PAID BY TENANT DURING ANY OPERATING YEAR IS LESS THAN TENANT'S ACTUAL
ULTIMATE LIABILITY FOR OPERATING EXPENSES FOR THAT PARTICULAR OPERATING YEAR,
TENANT SHALL PAY THE DEFICIENCY WITHIN 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 PROMPTLY AFTER DETERMINATION THEREOF.
NO
INTEREST SHALL BE PAYABLE TO TENANT ON ACCOUNT OF PAYMENTS OF ESTIMATED
ADDITIONAL RENT, AND SUCH PAYMENTS MAY BE COMMINGLED. IF THERE EXISTS ANY
DISPUTE AS TO (I) THE AMOUNT OF ADDITIONAL RENT, (II) WHETHER A PARTICULAR
EXPENSE IS PROPERLY INCLUDED IN ADDITIONAL RENT OR (III) LANDLORD'S CALCULATION
OF ADDITIONAL RENT (EACH AN "ADDITIONAL RENT DISPUTE"), THE EVENTS, ERRORS, ACTS
OR OMISSIONS GIVING RISE TO SUCH ADDITIONAL RENT DISPUTE SHALL NOT CONSTITUTE A
BREACH OR DEFAULT BY LANDLORD UNDER THIS LEASE AND EVEN IF A JUDGMENT RESOLVING
THE ADDITIONAL RENT DISPUTE IS ENTERED AGAINST LANDLORD,
THIS LEASE SHALL
REMAIN IN FULL FORCE AND EFFECT AND LANDLORD SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL DAMAGES RESULTING FROM THE EVENT, ERROR, ACT OR OMISSION GIVING
RISE TO SUCH ADDITIONAL RENT DISPUTE.
NOTWITHSTANDING THE EXISTENCE OF AN
ADDITIONAL RENT DISPUTE, TENANT SHALL PAY TIMELY THE AMOUNT OF ADDITIONAL RENT
WHICH IS IN DISPUTE AND WILL CONTINUE TO MAKE ALL SUBSEQUENT PAYMENTS OF
ADDITIONAL RENT AS AND WHEN REQUIRED UNDER THIS LEASE, PROVIDED THAT THE PAYMENT
OF SUCH DISPUTED AMOUNT AND OTHER AMOUNTS SHALL BE WITHOUT PREJUDICE TO TENANT'S
POSITION.
3.4
Intentionally Deleted.
3.5
Intentionally Deleted.
4.
USE OF PREMISES AND COMMON AREAS; SECURITY DEPOSIT.
4.1.
USE OF PREMISES AND PROPERTY.
THE PREMISES SHALL BE USED BY THE
TENANT FOR THE PURPOSE(S) SET FORTH IN SECTION 1.7 ABOVE AND FOR NO OTHER
PURPOSE WHATSOEVER.
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, OR BE
LIABLE TO CAUSE, INJURY TO, OR IN ANY WAY IMPAIR THE VALUE OR PROPER UTILIZATION
OF,