OR OTHER SERVICES AS
REQUIRED BY THIS SECTION 4.2.6 OR IS, IN LANDLORD'S REASONABLE JUDGMENT, ABOUT
TO SO FAIL, LANDLORD MAY, BUT SHALL NOT BE REQUIRED TO, PROVIDE SUCH SERVICES ON
TENANT'S ACCOUNT.
ANY COSTS INCURRED BY LANDLORD IN PROVIDING SUCH SERVICES
SHALL BE DEEMED ADDITIONAL RENT HEREUNDER, AND SHALL BE BILLED AS SET FORTH IN
THIS LEASE.
IF TENANT FAILS TO MAKE ANY SUCH PAYMENT OF ADDITIONAL RENT THAT
INCLUDES THE COST OF UTILITY OR OTHER SERVICES, THEN WITHOUT PREJUDICE TO ANY
OTHER REMEDY THAT LANDLORD MAY HAVE BY REASON OF SUCH FAILURE TO PAY, LANDLORD
MAY DISCONTINUE ANY SUCH UTILITY SERVICE TO THE PREMISES, WITHOUT THEREBY
INCURRING ANY LIABILITY TO TENANT.
ANY SUCH DISCONTINUANCE OF UTILITY OR OTHER
SERVICE SHALL NOT BE DEEMED AN EVICTION (CONSTRUCTIVE OR OTHERWISE), A
DISTURBANCE OF POSSESSION, NOR AN ELECTION BY LANDLORD TO TERMINATE THE LEASE.
8
4.2.7
"TENANT'S SHARE" SHALL MEAN THE PERCENTAGE SET FORTH IN SECTION 9.2 OF
THE SUMMARY.
TENANT'S SHARE WAS CALCULATED BY MULTIPLYING THE NUMBER OF
RENTABLE SQUARE FEET OF THE PREMISES BY 100 AND DIVIDING THE PRODUCT BY THE
TOTAL RENTABLE SQUARE FEET IN THE BUILDING.
LANDLORD SHALL HAVE THE RIGHT FROM
TIME TO TIME, IN ITS DISCRETION, TO INCLUDE OR EXCLUDE EXISTING OR FUTURE
BUILDINGS IN THE BUILDING COMPLEX IN THE CALCULATION OF THE TOTAL RENTABLE
SQUARE FEET OF THE BUILDING COMPLEX, FOR PURPOSES OF DETERMINING THE BUILDING'S
SHARE OF DIRECT EXPENSES, UTILITIES COSTS AND/OR THE PROVISION OF VARIOUS
SERVICES AND AMENITIES THERETO, INCLUDING EQUITABLE ALLOCATION OF DIRECT
EXPENSES AND/OR UTILITIES COSTS IN COST POOLS (AS DESCRIBED IN SECTION 4.2.4
ABOVE); IN SUCH EVENT, TENANT'S SHARE SHALL INCLUDE SUCH ALLOCATION OF THE
BUILDING'S SHARE OF DIRECT EXPENSES AND UTILITIES COSTS IN THE CALCULATION OF
TENANT'S SHARE.
IN ADDITION, IN THE EVENT EITHER THE RENTABLE SQUARE FEET OF
THE PREMISES AND/OR THE BUILDING AND OTHER BUILDINGS IN THE BUILDING COMPLEX IS
CHANGED, TENANT'S SHARE AND/OR THE BUILDING'S SHARE SHALL BE APPROPRIATELY
ADJUSTED, AND, AS TO THE EXPENSE YEAR IN WHICH SUCH CHANGE OCCURS, TENANT'S
SHARE AND/OR THE BUILDING'S SHARE FOR SUCH YEAR SHALL BE DETERMINED ON THE BASIS
OF THE NUMBER OF DAYS DURING SUCH EXPENSE YEAR THAT EACH SUCH TENANT'S SHARE
AND/OR THE BUILDING'S SHARE WAS IN EFFECT.
4.3
CALCULATION AND PAYMENT OF ADDITIONAL RENT.
4.3.1
CALCULATION OF EXCESS.
FOR EACH EXPENSE YEAR ENDING OR COMMENCING WITHIN
THE LEASE TERM, TENANT SHALL PAY TO LANDLORD, IN THE MANNER SET FORTH IN
SECTION 4.3.2, BELOW, AND AS ADDITIONAL RENT:
(I) THE AMOUNT BY WHICH TENANT'S
SHARE OF DIRECT EXPENSES FOR SUCH EXPENSE YEAR EXCEEDS TENANT'S SHARE OF THE
DIRECT EXPENSES FOR THE BASE YEAR (TENANT'S SHARE OF SUCH EXCESS AMOUNT IS
HEREINAFTER REFERRED TO AS THE "EXCESS"); AND (II) TENANT'S SHARE OF THE
UTILITIES COSTS INCURRED FOR SUCH EXPENSE YEAR.
4.3.2
STATEMENT OF ACTUAL DIRECT EXPENSES AND UTILITIES COSTS AND PAYMENT BY
TENANT.
FOLLOWING THE END OF EACH EXPENSE YEAR, LANDLORD SHALL GIVE TO TENANT A
STATEMENT (THE "STATEMENT"), WHICH SHALL INDICATE:
(I) THE DIRECT EXPENSES