FROM INSURANCE PROCEEDS OR A THIRD PARTY DURING SUCH YEAR
(EXCLUDING TENANT PAYMENTS FOR TAXES AND EXPENSES).
E.
GROSSING UP AND TENANT'S SHARE ADJUSTMENTS.
IF THE PROPERTY IS
NOT FULLY OCCUPIED DURING ALL OR A PORTION OF ANY CALENDAR YEAR, LANDLORD MAY,
IN ACCORDANCE WITH SOUND ACCOUNTING AND MANAGEMENT PRACTICES, DETERMINE THE
AMOUNT OF VARIABLE EXPENSES (I.E. THOSE ITEMS WHICH VARY ACCORDING TO OCCUPANCY
LEVELS) THAT WOULD HAVE BEEN PAID HAD THE PROPERTY BEEN FULLY OCCUPIED, AND THE
AMOUNT SO DETERMINED SHALL BE DEEMED TO HAVE BEEN THE AMOUNT OF SUCH EXPENSES
FOR SUCH YEAR.
IF LANDLORD IS NOT FURNISHING ANY PARTICULAR UTILITY OR SERVICE
(THE COST OF WHICH, IF PERFORMED BY LANDLORD, WOULD BE INCLUDED IN EXPENSES) TO
A TENANT DURING ANY PERIOD, LANDLORD MAY FOR SUCH PERIOD: (A) ADJUST EXPENSES TO
REFLECT THE ADDITIONAL AMOUNT THAT WOULD REASONABLY HAVE BEEN INCURRED DURING
SUCH PERIOD HAD LANDLORD FURNISHED SUCH UTILITY OR SERVICE TO SUCH TENANT, OR
(B) EXCLUDE THE RENTABLE AREA OF SUCH TENANT FROM THE RENTABLE AREA OF THE
PROPERTY IN COMPUTING TENANT'S SHARE OF THE COMPONENT OF EXPENSES FOR SUCH
UTILITY OR SERVICE.
IF THE PROPERTY SHALL CONTAIN NON-OFFICE RENTABLE AREAS
DURING ANY PERIOD, LANDLORD MAY EXCLUDE SUCH NON-OFFICE RENTABLE AREAS FROM THE
RENTABLE AREA OF THE PROPERTY IN COMPUTING TENANT'S SHARE FOR SUCH PERIOD AND,
IN SUCH AN EVENT, EXPENSES FOR SUCH NON-OFFICE RENTABLE AREAS SHALL LIKEWISE BE
EXCLUDED AS MORE FULLY PROVIDED IN SECTION 32(C)(1) BELOW.
F.
PRORATIONS.
IF THE TERM COMMENCES ON A DAY OTHER THAN THE FIRST
DAY OF A CALENDAR MONTH OR ENDS ON A DAY OTHER THAN THE LAST DAY OF A CALENDAR
MONTH, THE BASE RENT AND ANY OTHER AMOUNTS PAYABLE ON A MONTHLY BASIS SHALL BE
PRORATED ON A PER DIEM BASIS FOR SUCH PARTIAL CALENDAR MONTHS.
IF THE BASE RENT
IS SCHEDULED TO INCREASE UNDER ARTICLE 1 OTHER THAN ON THE FIRST DAY OF A
CALENDAR MONTH, THE AMOUNT FOR SUCH MONTH SHALL BE PRORATED ON A PER DIEM BASIS
TO REFLECT THE NUMBER OF DAYS OF SUCH MONTH AT THE THEN CURRENT AND INCREASED
RATES, RESPECTIVELY.
IF THE TERM COMMENCES OTHER THAN ON JANUARY 1, OR ENDS
OTHER THAN ON DECEMBER 31, TENANT'S OBLIGATIONS TO PAY AMOUNTS TOWARDS TAXES AND
EXPENSES FOR SUCH FIRST OR FINAL CALENDAR YEARS SHALL BE PRORATED ON A PER DIEM
BASIS TO REFLECT THE PORTION OF SUCH YEARS INCLUDED IN THE TERM.
4
G.
PAYMENTS AFTER LEASE TERM ENDS.
TENANT'S OBLIGATIONS TO PAY TAXES
AND EXPENSES (OR ANY OTHER AMOUNTS) ACCRUING DURING, OR RELATING TO, THE PERIOD
PRIOR TO EXPIRATION OR EARLIER TERMINATION OF THIS LEASE, SHALL SURVIVE SUCH
EXPIRATION OR TERMINATION.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE
CONTRARY, IF LANDLORD FAILS TO PROVIDE TENANT WITH A STATEMENT FOR THE CALENDAR
YEAR IN WHICH THIS LEASE EXPIRES, OR ANY PRIOR YEAR, WITHIN TWO (2) YEARS AFTER
SUCH EXPIRATION DATE, THEN LANDLORD SHALL BE DEEMED TO HAVE WAIVED ITS RIGHT TO
RECOVER ANY YEAR-END ADJUSTMENT OF TAXES OR EXPENSES FOR SUCH FINAL