TWENTY (120) DAYS AFTER THE END OF THE CALENDAR YEAR, THEN (I) LANDLORD
SHALL STILL BE OBLIGATED TO DELIVER AN OPERATING EXPENSE STATEMENT FOR SUCH
CALENDAR YEAR, AND (II) LANDLORD, TOGETHER WITH SUCH OPERATING EXPENSE
STATEMENT, SHALL REFUND TO TENANT THE AMOUNT OF SUCH OE OVERPAYMENT, TOGETHER
WITH INTEREST ON THE AMOUNT THEREOF AT THE APPLICABLE RATE (RATHER THAN AT THE
PRIME RATE AS PROVIDED IN SECTION 2.2(F) ABOVE) FOR THE PERIOD FROM JULY 1ST OF
CALENDAR YEAR TO WHICH THE OPERATING EXPENSE STATEMENT RELATES TO THE DATE THAT
LANDLORD MAKES SUCH REFUND.
(2)
AFTER DELIVERY OF AN OPERATING EXPENSE STATEMENT FOR ANY CALENDAR
YEAR, LANDLORD SHALL HAVE THE RIGHT TO AMEND THE SAME, SUBJECT, HOWEVER, TO THE
FOLLOWING PROVISIONS OF THIS SECTION 2.2(G)(2). NOTWITHSTANDING ANY OTHER
PROVISION OF THIS LEASE, LANDLORD SHALL BE ESTOPPED FROM AMENDING, AND HEREBY
WAIVES THE RIGHT TO AMEND, ANY OPERATING EXPENSE STATEMENT NOT AMENDED BY
LANDLORD WITHIN TWO (2) YEARS AFTER THE END OF THE CALENDAR YEAR TO WHICH SAID
OPERATING EXPENSE STATEMENT APPLIES, NOR SHALL LANDLORD HAVE THE RIGHT THROUGH
ANY OTHER PROCEDURES OR MECHANISM TO COLLECT ANY OPERATING EXPENSE NOT INCLUDED
ON THE PERTINENT OPERATING EXPENSE STATEMENT AFTER THE SECOND (2ND) ANNIVERSARY
OF THE LAST DAY OF THE CALENDAR YEAR TO WHICH SAID OPERATING EXPENSE STATEMENT
APPLIES, UNLESS BEFORE SAID SECOND (2ND) ANNIVERSARY LANDLORD HAS DELIVERED TO
TENANT A REVISED OPERATING EXPENSE STATEMENT REFLECTING SUCH REVISED OPERATING
EXPENSE (WITH A REASONABLY DETAILED EXPLANATION OF THE REASONS FOR ANY SUCH
REVISION) AND MADE A WRITTEN DEMAND FOR PAYMENT OF SAID OPERATING EXPENSE.
(H)
ANY OPERATING EXPENSE STATEMENT OR OTHER NOTICE FROM LANDLORD
PURSUANT TO THIS SECTION 2.2 SHALL BE SUBJECT TO TENANT'S RIGHTS OF REVIEW AND
AUDIT SET FORTH IN SECTION 2.5 HEREOF. PENDING THE RESOLUTION OF ANY DISPUTE,
HOWEVER, TENANT SHALL MAKE PAYMENTS IN ACCORDANCE WITH SAID OPERATING EXPENSE
STATEMENT OR OTHER NOTICE.
2.3
Real Estate Taxes
(A)
TENANT SHALL PAY TO LANDLORD, AS ADDITIONAL RENT, AN AMOUNT EQUAL
TO TENANT'S OCCUPANCY PERCENTAGE OF EACH COMPONENT OF REAL ESTATE TAXES AS SAME
BECOMES DUE AND PAYABLE FROM TIME TO TIME FOR EACH FISCAL PERIOD FIXED BY ANY
TAXING AUTHORITY WITH RESPECT TO SUCH COMPONENT OF REAL ESTATE TAXES (EACH A
"FISCAL PERIOD") THAT OCCURS DURING THE TERM AS HEREINAFTER PROVIDED (THE AMOUNT
SO PAYABLE BY TENANT FOR SUCH COMPONENT BEING HEREIN CALLED "TENANT'S TAX
SHARE"). IN RESPECT OF ANY FISCAL PERIOD THAT BEGINS PRIOR TO THE FIRST DAY OF
THE TERM, OR ENDS LATER THAN THE LAST DAY OF THE TERM, THE TENANT'S TAX SHARE
SHALL BE PRORATED TO CORRESPOND TO THAT PORTION OF SUCH FISCAL PERIOD OCCURRING
WITHIN THE TERM. TENANT SHALL PAY TENANT'S TAX SHARE FOR EACH SUCH FISCAL PERIOD
PURSUANT TO THE FOLLOWING PROVISIONS:
42
(1)
FOR THE FIRST FISCAL PERIOD OCCURRING DURING THE TERM (I.E., THE
FISCAL PERIOD WITHIN WHICH THE COMMENCEMENT DATE OCCURS), TENANT'S TAX SHARE
SHALL BE PAID ON THE COMMENCEMENT DATE (AND, IF APPLICABLE, ADJUSTED) PURSUANT
TO THE APPORTIONMENT PROVISIONS OF THE PURCHASE AGREEMENT.