or if any payment of Rent is for a period which
is shorter than one month, the Rent for any fractional month shall accrue on a
daily basis for the period from the date such payment is due to the end of such
calendar month or to the end of the Lease Term at a rate per day which is equal
to 1/365 of the applicable annual Rent.
All other payments or adjustments
required to be made under the TCCs of this Lease that require proration on a
time basis shall be prorated on the same basis.
ARTICLE 4
ADDITIONAL RENT
4.1
GENERAL TERMS.
4.1.1
"TRIPLE-NET" LEASE.
LANDLORD AND TENANT UNDERSTAND
AND AGREE THAT THIS LEASE IS A "TRIPLE NET" LEASE.
TENANT RECOGNIZES AND
ACKNOWLEDGES, WITHOUT LIMITING THE GENERALITY OF ANY OTHER TCCS OF THIS LEASE,
THAT IT IS THE INTENT OF THE PARTIES HERETO THAT THE BASE RENT PROVIDED TO BE
PAID BY TENANT TO LANDLORD SHALL BE NET TO LANDLORD, AND ANY AND ALL EXPENSES
INCURRED IN CONNECTION WITH THE PREMISES, THE BUILDING AND AN APPLICABLE PORTION
OF THE COMMON AREAS, OR IN CONNECTION WITH THE OPERATIONS THEREOF, INCLUDE ANY
AND ALL TAXES, ASSESSMENTS, GENERAL OR SPECIAL LICENSE FEES, INSURANCE PREMIUMS,
PUBLIC UTILITY BILLS AND COSTS OF REPAIR, MAINTENANCE AND OPERATION OF THE
PREMISES AND THE PROJECT AND ALL BUILDINGS, STRUCTURES, PERMANENT FIXTURES AND
OTHER IMPROVEMENTS COMPRISED THEREIN, TOGETHER WITH THE APPURTENANCES THERETO,
SHALL BE PAID BY TENANT IN ADDITION TO THE BASE RENT SPECIFIED IN THIS LEASE,
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN.
4.1.2
DIRECT PAYMENTS; ADDITIONAL RENT.
IN ADDITION TO
PAYING THE BASE RENT SPECIFIED IN ARTICLE 3 OF THIS LEASE, TENANT SHALL, PRIOR
TO AND THROUGHOUT THE LEASE TERM, DIRECTLY PAY FOR (I) ALL UTILITIES SERVICE
CHARGES ACCRUING WITH REGARD TO THE PREMISES DURING THE LEASE TERM, AND (II) ALL
OTHER COSTS REQUIRED TO BE PAID DIRECTLY BY TENANT PURSUANT TO THE TCCS OF THIS
LEASE.
ADDITIONALLY, TENANT SHALL PAY TO LANDLORD "TENANT'S SHARE" OF THE
ANNUAL "DIRECT EXPENSES," AS THOSE TERMS ARE DEFINED IN
SECTIONS 4.2.6 AND 4.2.2, RESPECTIVELY, OF THIS LEASE.
SUCH PAYMENTS OF
TENANT'S SHARE OF DIRECT EXPENSES BY TENANT, TOGETHER WITH ANY AND ALL OTHER
AMOUNTS PAYABLE BY TENANT TO LANDLORD PURSUANT TO THE TCCS OF THIS LEASE, ARE
HEREINAFTER COLLECTIVELY REFERRED TO AS THE "ADDITIONAL RENT," AND THE BASE RENT
AND THE ADDITIONAL RENT ARE HEREIN COLLECTIVELY REFERRED TO AS "RENT."
ALL
AMOUNTS DUE UNDER THIS ARTICLE 4 AS ADDITIONAL RENT SHALL BE PAYABLE FOR THE
SAME PERIODS AND IN THE SAME MANNER AS THE BASE RENT.
WITHOUT LIMITATION ON
OTHER OBLIGATIONS OF TENANT WHICH SURVIVE THE EXPIRATION OF THE LEASE TERM, THE
OBLIGATIONS OF TENANT TO PAY THE ADDITIONAL RENT ACCRUING DURING THE LEASE TERM
PROVIDED FOR IN THIS ARTICLE 4 SHALL SURVIVE THE EXPIRATION OF THE LEASE TERM.
4.2
DEFINITIONS OF KEY TERMS RELATING TO
ADDITIONAL RENT.
AS USED IN THIS ARTICLE 4, THE FOLLOWING TERMS SHALL HAVE THE
MEANINGS HEREINAFTER SET FORTH:
4.2.1
INTENTIONALLY DELETED.
4.2.2