TENANT
DURING THE PERIOD SUCH LEGAL RESTRICTION WAS IN EFFECT.
5.
OPERATING EXPENSES.
5.1
OPERATING EXPENSES.
FOR PURPOSES OF THIS ARTICLE 5, THE FOLLOWING
TERMS SHALL HAVE THE MEANINGS DESCRIBED BELOW:
(A)
"TENANT'S SHARE" MEANS 100% FOR THE PERIOD COMMENCING WITH THE
COMMENCEMENT DATE AND ENDING ON THE DATE THE PREMISES LEASED BY TENANT HEREUNDER
SHALL BE LESS THAN 100% OF THE BUILDING.
IN SUCH EVENT, TENANT'S SHARE SHALL BE
REDUCED TO THE PROPORTIONATE SHARE OF THE RENTABLE AREA THEN LEASED BY TENANT AT
THE BUILDING.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT INCURRED BY LANDLORD
IN CONNECTION WITH THE OWNERSHIP, MANAGEMENT, OPERATION, MAINTENANCE, REPAIR AND
REPLACEMENT OF THE COMMON AREA, TENANT'S SHARE WITH RESPECT TO (B)(IV), (B)(V),
(B)(VI), (B)(X), (B)(XII), (B)(XIII), (B)(XIV), (B)(XV), (B)(XVII), (B)(XVIII)
AND (B)(XIX) SHALL BE THE PERCENTAGE DETERMINED BY DIVIDING THE RENTABLE AREA
THEN LEASED BY TENANT AT THE BUILDING BY THE TOTAL RENTABLE AREA AT THE PROPERTY
(EXCEPT TO THE EXTENT THAT ANY OF THE FOREGOING ARE DEPENDENT OR BASED ON USAGE,
IN WHICH CASE, TENANT'S SHARE SHALL BE DETERMINED BY REFERENCE TO TENANT'S USAGE
RELATIVE TO THE USAGE OF OTHER OCCUPANTS OF THE PROPERTY).
THE PARTIES HERETO
ACKNOWLEDGE THAT TENANT'S SHARE IS BASED UPON AN ASSUMPTION THAT THE ENTIRE
BUILDING CONTAINS A TOTAL OF 118,215 SQUARE FEET OF RENTABLE AREA AND THE
PROPERTY CONTAINS A TOTAL OF 471,749 SQUARE FEET OF RENTABLE AREA (OF WHICH
115,023 IS ATTRIBUTABLE TO CRITTENDEN B), AND THAT THE CALCULATION OF TENANT'S
SHARE IS BASED UPON A FRACTION, THE DENOMINATOR OF WHICH IS 118,215 (FOR THE
PREMISES) OR 471,749 (FOR THE PROPERTY), IN ACCORDANCE WITH THE TERMS OF THIS
SECTION.
13
(B)
"OPERATING EXPENSES" MEANS THE TOTAL COSTS AND EXPENSES PAID OR
INCURRED BY LANDLORD IN CONNECTION WITH THE OWNERSHIP, MANAGEMENT, OPERATION,
MAINTENANCE, REPAIR AND REPLACEMENT OF THE BUILDING AND THE COMMON AREA IN
CONNECTION WITH ITS OBLIGATIONS HEREUNDER, INCLUDING, WITHOUT LIMITATION, ALL
COSTS OF:
(I)
MONTHLY RENT (INCLUDING ESCALATIONS) DUE TO THE CITY OF MOUNTAIN
VIEW FROM LANDLORD, AS TENANT UNDER THE GROUND LEASE, AS FOLLOWS: (X) FROM THE
COMMENCEMENT DATE THROUGH DECEMBER 31, 2004, ALL MONTHLY RENT DUE IN RESPECT OF
THE PREMISES, (Y) IN THE PERIOD JANUARY 1, 2005 THROUGH DECEMBER 31, 2005, FIFTY
PERCENT (50%) OF ALL MONTHLY RENT DUE IN RESPECT OF THE PREMISES, AND (Z) FROM
AND AFTER JANUARY 1, 2006, NONE OF SUCH MONTHLY RENT SHALL BE INCLUDED IN
OPERATING EXPENSES;
(II)
TAXES, ASSESSMENTS AND CHARGES LEVIED UPON OR WITH RESPECT TO THE
PROPERTY OR ANY PERSONAL PROPERTY OF LANDLORD USED IN THE OPERATION OF THE
PROPERTY, OR ON LANDLORD'S INTEREST IN THE PROPERTY OR SUCH PERSONAL PROPERTY
("REAL ESTATE TAXES").
REAL ESTATE TAXES SHALL INCLUDE, WITHOUT LIMITATION, ALL
GENERAL REAL PROPERTY TAXES AND GENERAL AND SPECIAL ASSESSMENTS, CHARGES, FEES,
OR ASSESSMENTS FOR TRANSIT, HOUSING, POLICE, FIRE, OR OTHER GOVERNMENTAL
SERVICES OR PURPORTED BENEFITS TO THE PROPERTY OR THE OCCUPANTS THEREOF, SERVICE
PAYMENTS IN LIEU OF TAXES THAT ARE NOW OR HEREAFTER LEVIED OR ASSESSED AGAINST
LANDLORD BY THE UNITED STATES