BUILDING (WHICH FOR PURPOSES HEREOF SHALL INCLUDE,
WITHOUT LIMITATION, ANY TAX EXPENSES ATTRIBUTABLE SOLELY TO THE IMPROVED
BUILDING H PROPERTY), SHALL BE THE AMOUNT OF OPERATING EXPENSES, TAX EXPENSES
AND UTILITIES COSTS PAYABLE WITH RESPECT TO THE BUILDING UPON WHICH THE
APPLICABLE TENANT'S SHARE SHALL BE CALCULATED.
AS EXAMPLES OF SUCH ALLOCATION
OF OPERATING EXPENSES, TAX EXPENSES AND UTILITIES COSTS:
(I) WITH RESPECT TO
TAX EXPENSES AND UTILITIES COSTS, IT IS ANTICIPATED THAT LANDLORD AND/OR ANY
OTHER OWNERS OF THE OTHER EXISTING BUILDINGS OR FUTURE BUILDINGS (OTHER THAN THE
PARKING STRUCTURES TO THE EXTENT OWNED AND/OR MANAGED BY THE COMMON AREA
ASSOCIATION FOR LNR WARNER CENTER FOR COMMON USE BY MORE THAN OWN OWNER)
(A) WILL RECEIVE SEPARATE TAX BILLS WHICH SEPARATELY ASSESS (1) THE IMPROVEMENTS
COMPONENT OF TAX EXPENSES FOR EACH SUCH BUILDING, AND (2) THE REAL PROPERTY
COMPONENT OF TAX EXPENSES FOR THE SEPARATE PARCEL OF LAND UPON WHICH SUCH
BUILDING IS LOCATED IF SUCH PARCEL IS SEPARATELY SUBDIVIDED
20
TO INCLUDE ONLY SUCH BUILDING, AND/OR (B) MAY RECEIVE SEPARATE UTILITIES BILLS
FROM THE UTILITIES COMPANIES IDENTIFYING THE UTILITIES COSTS FOR CERTAIN OF THE
UTILITIES COSTS DIRECTLY INCURRED BY EACH SUCH BUILDING (AS MEASURED BY SEPARATE
METERS INSTALLED FOR SUCH BUILDING), AND SUCH SEPARATELY ASSESSED TAX EXPENSES
AND SEPARATELY METERED UTILITIES COSTS SHALL BE CALCULATED FOR AND ALLOCATED
SEPARATELY TO EACH SUCH APPLICABLE BUILDING (AND IF APPLICABLE, EACH SUCH
SEPARATE PARCEL OF LAND UPON WHICH SUCH BUILDING IS LOCATED); AND (II) WITH
RESPECT TO REPAIRS AND CAPITAL IMPROVEMENTS TO BE MADE TO ANY PARTICULAR OFFICE
OR RETAIL BUILDING, THE COST THEREOF SHALL BE ALLOCATED DIRECTLY TO THE OWNERS
OF SUCH APPLICABLE BUILDINGS, AND NOT INCLUDED IN OPERATING EXPENSES FOR THE
REAL PROPERTY AS A WHOLE OR ALLOCATED TO ANY OTHER OWNER OR BUILDING.
IN
ADDITION, IN THE EVENT THAT PRIOR TO EXECUTION OF THIS LEASE OR AT ANY TIME
THEREAFTER LANDLORD HAS ELECTED OR SUBSEQUENTLY ELECTS, AT ITS SOLE OPTION, TO
SUBDIVIDE INTO A SEPARATE PARCEL OR PARCELS OF LAND CERTAIN PORTIONS OF THE REAL
PROPERTY, INCLUDING PORTIONS ON WHICH THE OTHER EXISTING BUILDINGS AND/OR THE
FUTURE BUILDINGS ARE NOW OR HEREAFTER LOCATED AND/OR CERTAIN COMMON AREA
PORTIONS OF THE REAL PROPERTY (SUCH AS LANDSCAPING, PUBLIC AND PRIVATE STREETS,
DRIVEWAYS, WALKWAYS, COURTYARDS, PLAZAS, TRANSPORTATION FACILITATION AREAS,
ACCESSWAYS AND/OR PARKING AREAS), AND/OR HAS SEPARATELY CONVEYED OR SUBSEQUENTLY
SEPARATELY CONVEYS ALL OR ANY OF SUCH PARCELS TO ANOTHER PERSON OR ENTITY
(INCLUDING TO ANY COMMON AREA ASSOCIATION TO OWN, OPERATE AND/OR MAINTAIN SAME),
THE OPERATING EXPENSES, TAX EXPENSES AND UTILITIES COSTS FOR SUCH SEPARATE
PARCELS OF LAND SHALL BE AGGREGATED (SUBJECT TO THE LIMITATIONS CONTAINED IN THE
FOREGOING PROVISIONS OF THIS SECTION 4.3.4) AND THEN REASONABLY ALLOCATED BY
LANDLORD TO THE BUILDING, THE OTHER EXISTING BUILDINGS AND SUCH FUTURE BUILDINGS
ON A REASONABLE AND EQUITABLE BASIS (BASED UPON SOUND REAL ESTATE MANAGEMENT
PRINCIPLES) AS LANDLORD (AND/OR ANY APPLICABLE COVENANTS, CONDITIONS AND
RESTRICTIONS FOR ANY SUCH COMMON AREA ASSOCIATION) SHALL PROVIDE FROM TIME TO
TIME.
4.3.5
CAP ON CONTROLLABLE EXPENSES.