SUCH ADJUSTMENT SHALL BE ACCOMPLISHED
(AND SHALL BE EFFECTIVE FOR THE ENTIRE THEN OPERATIVE LEASE YEAR) BY MULTIPLYING
THE OPERATING CHARGES FOR THE LEASE YEAR IMMEDIATELY PRECEDING THE NEXT
SUBSEQUENT LEASE YEAR (THE "OPERATING CHARGE ADJUSTMENT DATE") BY A FRACTION.
THE NUMERATOR OF THE FRACTION SHALL BE THE CPI FIGURE FOR THE MONTH THAT IS TWO
(2) MONTHS PRIOR TO THE OPERATING CHARGE ADJUSTMENT DATE.
THE DENOMINATOR OF
THE FRACTION SHALL BE THE CPI FIGURE
F-4
FOR THE MONTH THAT IS TWO (2) MONTHS PRIOR TO THE OPERATING ADJUSTMENT DATE FOR
THE PREVIOUS LEASE YEAR.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL ANY
PERCENTAGE INCREASE IN OPERATING CHARGES FOR ANY LEASE YEAR BE LESS THAN TWO
PERCENT (2%) OR GREATER THAN FOUR AND ONE-HALF PERCENT (4 1⁄2%).
OPERATING
CHARGES SHALL INCLUDE THE FOLLOWING ITEMS: (1) ELECTRICITY FOR THE COMMON AREAS,
(2) SEWER, (3) WATER, (4) HVAC, (5) JANITORIAL SERVICES AS SET FORTH IN EXHIBIT
D ATTACHED HERETO, (6) REPAIR AND MAINTENANCE OF COMMON AREAS AND BUILDING
EQUIPMENT, (7) SNOW REMOVAL, (8) REPAIRS TO THE PARKING LOT, (8) EXTERIOR
LANDSCAPING MAINTENANCE, (9) BUILDING PROPERTY AND OTHER LANDLORD INSURANCE AS
SET FORTH HEREIN, (10) ADMINISTRATION AND MANAGEMENT OF THE BUILDING AND THE
PROPERTY, (11) COST OF ALL OTHER OBLIGATIONS REQUIRED TO BE PERFORMED AND ALL
OTHER SERVICES REQUIRED TO BE PROVIDED BY LANDLORD UNDER THIS LEASE, EXCEPT AS
OTHERWISE EXPRESSLY STATED HEREIN.
1.32
PARKING SPACES: ONE HUNDRED FIFTY-ONE (151) PARKING SPACES IN THE
PARKING AREA AS DEFINED IN SECTION 24.1, ONE HUNDRED THIRTY (130) OF WHICH SHALL
BE ON AN UNRESERVED BASIS, FIFTEEN (15) OF WHICH SPACES SHALL MARKED AS RESERVED
UNDERGROUND PARKING AREA (AS SET FORTH ON SCHEDULE 1.31 ATTACHED HERETO) AND SIX
(6) OF WHICH SHALL BE MARKED AS VISITOR SPOTS (AS ALSO SET FORTH ON SCHEDULE
1.31 ATTACHED HERETO).
LANDLORD MAY, AT TENANT'S SOLE COST AND EXPENSE, PROVIDE
SIGNAGE OR STRIPING AS DETERMINED IN LANDLORD'S REASONABLE DISCRETION TO
DESIGNATE TENANT'S TWENTY-ONE (21) AGGREGATE RESERVED UNDERGROUND AND VISITOR
SPACES.
1.33
PERMITTED USE: AS DEFINED IN SECTION 6.1(A).
1.34
Premises: those premises which the parties agree contain Forty Five
Thousand Six Hundred Four (45,604) square feet of rentable space, comprising the
entire third (3rd) floor of the Building, as more particularly designated on
Exhibit A.
1.35
PROPERTY: THE LAND, THE BUILDING, AND ANY OTHER IMPROVEMENTS NOW OR
HEREAFTER LOCATED ON THE LAND, COLLECTIVELY.
1.36
REAL ESTATE TAXES: AS DEFINED IN SECTION 5.2.
1.37
RENEWAL OPTION: TWO (2) TERMS OF FIVE (5) YEARS EACH, AS SET FORTH
IN EXHIBIT F ATTACHED HERETO AND MADE A PART HEREOF.
1.38
RENT: AS DEFINED IN SECTION 4.2(A).
1.39
RENT COMMENCEMENT DATE: NOVEMBER 16, 2005.
1.40
SECURITY DEPOSIT: (I) INITIALLY, ONE MILLION AND 00/100 DOLLARS
($1,000,000) FOR THE DURATION OF THE FIRST LEASE YEAR, (II) SEVEN HUNDRED FIFTY
THOUSAND AND 00/100 DOLLARS ($750,000.00) FOR THE DURATION OF THE SECOND LEASE
YEAR, AND (III) FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00) FOR THE
DURATION OF THE THIRD LEASE YEAR, AND (IV) ZERO AND 00/100 DOLLARS ($0.00)