4.1
ADDITIONAL RENT; TAX EXPENSES.
COMMENCING ON THE COMMENCEMENT
DATE, AND EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS LEASE, TENANT
COVENANTS AND AGREES TO PAY, IN ADDITION TO THE BASE RENT, AS ADDITIONAL RENT,
ALL COSTS AND EXPENSES RELATING TO THE PREMISES ASSOCIATED WITH THE OWNERSHIP,
REPAIR AND MAINTENANCE OF THE PREMISES IN ACCORDANCE WITH THE QUALITY STANDARD
AND THE MANAGEMENT STATEMENT INCURRED OR ACCRUED DURING THE LEASE TERM
("ADDITIONAL RENT").
ADDITIONAL RENT PAYABLE BY TENANT MAY INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING COSTS AND EXPENSES (COLLECTIVELY, "PREMISES EXPENSES")
OF (A) ALL TAX EXPENSES; (B) THE COST OF PROPERTY, LIABILITY AND OTHER INSURANCE
REQUIRED TO BE MAINTAINED BY TENANT WITH RESPECT TO THE PREMISES PURSUANT TO
THIS LEASE; (C) UTILITY CHARGES CONSUMED AT THE PREMISES, INCLUDING, BUT NOT
LIMITED TO, CHARGES FOR ELECTRICITY, GAS, WATER, SEWER SERVICES AND POWER FOR
HEATING, LIGHTING, AIR CONDITIONING AND VENTILATING PROVIDED TO THE PREMISES;
(D) OPERATING EXPENSES; (E) MAINTENANCE AND REPAIR EXPENSES FOR THE PREMISES,
INCLUDING, WITHOUT LIMITATION, REPAIRS AND MAINTENANCE (BUT NOT REPLACEMENTS) OF
LANDLORD CAPITAL IMPROVEMENTS AND REPAIRS, MAINTENANCE AND REPLACEMENTS OF
PREMISES SYSTEMS, EQUIPMENT AND OTHER IMPROVEMENTS (OTHER THAN REPLACEMENTS OF
LANDLORD CAPITAL IMPROVEMENTS); (F) LATE CHARGES AND INTEREST AS PROVIDED HEREIN
ON PAST DUE PAYMENTS (BEYOND ANY APPLICABLE NOTICE AND CURE PERIODS), IF ANY,
FROM TENANT OR CAUSED BY TENANT, (G) ALL MAINTENANCE AND SERVICE AGREEMENTS FOR
THE PREMISES AND THE EQUIPMENT THEREIN, INCLUDING, BUT NOT LIMITED TO, WINDOW
CLEANING, JANITORIAL MAINTENANCE, AND LANDSCAPING MAINTENANCE AND REPLACEMENT;
(H) PROPERTY MANAGEMENT FEES (NOT TO EXCEED MARKET MANAGEMENT FEES CHARGED IN
COMPARABLE BUILDINGS UNLESS OTHERWISE AGREED TO BY TENANT) PAYABLE TO A THIRD
PARTY PROPERTY MANAGER, AS APPLICABLE; AND (I) ALL OTHER COSTS AND EXPENSES
RELATING TO THE PREMISES FOR WHICH TENANT IS RESPONSIBLE HEREUNDER DURING OR
ATTRIBUTABLE TO THE LEASE TERM.
ADDITIONAL RENT DOES NOT INCLUDE COSTS AND
EXPENSES RELATING TO THE PREMISES FOR WHICH LANDLORD IS RESPONSIBLE TO PAY FOR
AT ITS OWN COST (RATHER THAN ON BEHALF OF TENANT) AS PROVIDED HEREIN.
NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, TENANT SHALL NOT BE
REQUIRED TO DIRECTLY PAY ANY EXPENSE ITEMS FOR WHICH LANDLORD CHARGES TO TENANT
AS ESTIMATED ADDITIONAL RENT.
LANDLORD SHALL DIRECTLY PAY IN A TIMELY MANNER
ALL EXPENSE ITEMS FOR WHICH LANDLORD CHARGES TO TENANT AS ESTIMATED ADDITIONAL
RENT, AND PROMPTLY PROVIDE TENANT REASONABLE DOCUMENTARY EVIDENCE OF PAYMENT
FOLLOWING TENANT'S WRITTEN REQUEST THEREFOR.
DURING ANY PERIOD DURING THE LEASE
TERM THAT TENANT DOES NOT SELF-MANAGE THE PREMISES, THE OPERATING EXPENSE BUDGET
PREPARED IN ACCORDANCE WITH SECTION 7.4 BELOW SHALL BE APPLICABLE.
Except as otherwise specifically provided in this Lease, Tenant shall timely pay
Additional Rent through the property management firm selected and retained by
Landlord and reasonably approved by Tenant pursuant to Section 7.4) below (by
the payment of Estimated Additional Rent in accordance with this Section as
adjusted pursuant to Section 4.4 below), or in the event Tenant "self manages"
the Premises, either directly to the providers of such services or through a
property