TO BE
INCLUDED WITHIN THE IMPOSITIONS AND THE OPERATING EXPENSES.
TENANT WILL BE
RESPONSIBLE FOR AD VALOREM TAXES ON ITS PERSONAL PROPERTY AND ON THE VALUE OF
THE LEASEHOLD IMPROVEMENTS IN THE PREMISES TO THE EXTENT THE SAME EXCEED
BUILDING STANDARD ALLOWANCES (AND IF THE TAXING AUTHORITIES DO NOT SEPARATELY
ASSESS TENANT'S LEASEHOLD IMPROVEMENTS, LANDLORD MAY MAKE A REASONABLE
ALLOCATION OF THE AD VALOREM TAXES ALLOCATED TO THE GALLERIA PROJECT TO GIVE
EFFECT TO THIS SENTENCE).
LANDLORD SHALL, IN A COMMERCIALLY REASONABLE MANNER,
ANNUALLY NEGOTIATE WITH THE APPROPRIATE AD VALOREM TAXING OFFICIALS AND/OR
APPEAL THE AMOUNT OF AD VALOREM TAXES ASSESSED AGAINST THE BUILDING IN AN EFFORT
TO MINIMIZE THE AD VALOREM TAXES PAYABLE WITH RESPECT TO THE BUILDING.
IF ANY
TAXES PAID BY LANDLORD AND PREVIOUSLY INCLUDED IN OPERATING EXPENSES ARE
REFUNDED, AND PROVIDED NO EVENT OF DEFAULT UNDER THE LEASE HAS OCCURRED AND IS
CONTINUING, AND LANDLORD HAS NOT OTHERWISE GIVEN TENANT A CREDIT FOR TENANT'S
PROPORTIONATE SHARE OF SUCH REFUND, AND TENANT PAID TENANT'S PRORATA SHARE OF
OPERATING EXPENSES FOR THE PERIOD TO WHICH SUCH REFUND RELATES, LANDLORD SHALL
PROMPTLY PAY TENANT AN AMOUNT EQUAL TO THE AMOUNT OF SUCH REFUND (LESS THE
REASONABLE EXPENSES INCURRED BY LANDLORD IN OBTAINING SUCH REFUND) MULTIPLIED BY
TENANT'S PROPORTIONATE SHARE IN EFFECT FOR THE PERIOD TO WHICH SUCH REFUND
RELATES;
K.
THE COST IN MAINTAINING AND OPERATING
COMMON FACILITIES WITHIN THE BUILDING TO INCLUDE ROADWAYS, LOADING DOCKS,
UTILITY LINES, PIPES, WIRES, CABLES, AND OTHER UTILITY FACILITIES, STORM AND
SANITARY SEWERS, CULVERTS, DRAINS, AND MANHOLES, LANDSCAPING, CORRIDORS,
ELEVATORS, ENTRANCES, EXITS, BUILDING STANDARD RESTROOMS AND STAIRWELLS;
L.
THE ACTUAL RENTAL PAYABLE FOR THE
MANAGEMENT OFFICE FOR THE BUILDING; PROVIDED HOWEVER, THAT THE RENT FOR SUCH
OFFICE SPACE SHALL NOT EXCEED FAIR MARKET VALUE RENT FOR SUCH SPACE, DETERMINED
AT THE TIME THE OBLIGATION FOR THE PAYMENT OF SUCH RENT WAS CREATED, AND
PROVIDED FURTHER THAT THE SIZE OF SUCH MANAGEMENT OFFICE SHALL NOT EXCEED THE
SIZE REASONABLY NECESSARY FOR MANAGEMENT OF THE BUILDING;
M.
TO THE EXTENT ANY COSTS ARE INCURRED FOR
THE BENEFIT OF A FACILITY OR OTHER PROPERTY OTHER THAN THE BUILDING (INCLUDING,
BUT NOT LIMITED TO, OTHER OFFICE BUILDINGS IN THE GALLERIA OFFICE PROJECT
BOUNDED BY I-285 ON THE NORTH, I-75 ON THE EAST, U.S. 41 ON THE WEST AND AKERS
MILL ROAD ON THE SOUTH (THE "GALLERIA PROJECT")), REASONABLE COSTS FAIRLY AND
EQUITABLY CALCULATED SHALL BE ALLOCATED TO THE BUILDING AND SUCH OTHER FACILITY
OR OTHER PROPERTY.
TO THE EXTENT COSTS ARE INCURRED RELATIVE TO PERSONNEL WHO
DEVOTE THEIR TIME TO MORE THAN THE BUILDING, THE COSTS SHALL BE EQUITABLY
ALLOCATED;
N.
THE COST OF TENANT APPRECIATION OR
PROMOTION EVENTS EXCEPT TO THE EXTENT THE TENANT ELECTS NOT TO PARTICIPATE IN
SUCH EVENTS;
8
O.
THE BUILDING'S PRORATA SHARE OF ALL
ASSESSMENTS, COSTS, EXPENSES OR OTHER CHARGES IMPOSED UPON THE BUILDING AND/OR
BUILDING PURSUANT TO THE COMMON AREA MAINTENANCE AGREEMENT DATED JULY 7, 1985,
AS AMENDED, RELATING TO THE GALLERIA PROJECT AND ALL ASSESSMENTS (IF ANY)
ASSESSED