BY LANDLORD IN REPAIRING DAMAGE TO THE BUILDING CAUSED BY AN EMPLOYEE
OF SUBTENANT, INCREASED INSURANCE PREMIUMS DUE AS A RESULT OF SUBTENANT'S USE OF
THE PREMISES, AND AMOUNTS EXPENDED OR INCURRED BY LANDLORD ON ACCOUNT OF ANY
DEFAULT BY SUBTENANT WHICH GIVES RISE TO A DEFAULT UNDER THE PRIME LEASE WOULD
BE AMOUNTS PAYABLE BY SUBTENANT PURSUANT TO THIS SUBSECTION 4(A).
(B)
EACH AMOUNT DUE TO PURSUANT TO SUBSECTION
4(A) ABOVE AND EACH OTHER AMOUNT PAYABLE BY SUBTENANT HEREUNDER, UNLESS A DATE
FOR PAYMENT OF SUCH AMOUNT IS PROVIDED FOR ELSEWHERE IN THIS SUBLEASE, SHALL BE
DUE AND PAYABLE ON THE FIFTH DAY FOLLOWING THE DATE ON WHICH LANDLORD OR
SUBLANDLORD HAS GIVEN NOTICE TO SUBTENANT OF THE AMOUNT THEREOF.
(C)
ALL AMOUNTS OTHER THAN MINIMUM RENT PAYABLE
TO SUBLANDLORD UNDER THIS SUBLEASE SHALL BE DEEMED TO BE ADDITIONAL RENT DUE
UNDER THIS SUBLEASE.
ALL PAST DUE INSTALLMENTS OF MINIMUM RENT AND ADDITIONAL
RENT WHICH ARE NOT PAID ON OR BEFORE THE THIRD (3RD) BUSINESS DAY AFTER SUCH
AMOUNT IS DUE SHALL BEAR INTEREST FROM THE DATE DUE UNTIL PAID AT THE RATE PER
ANNUM EQUAL TO FIVE PERCENT (5%) IN EXCESS OF THE PRIME RATE (AS HEREINAFTER
DEFINED) IN EFFECT FROM TIME TO TIME, WHICH RATE SHALL CHANGE FROM TIME TO TIME
AS OF THE EFFECTIVE DATE OF EACH CHANGE IN THE PRIME RATE, UNLESS A LESSER RATE
SHALL THEN BE
4
THE MAXIMUM RATE PERMISSIBLE BY LAW WITH RESPECT THERETO, IN WHICH EVENT SAID
LESSER RATE SHALL BE CHARGED.
FOR THE PURPOSES OF THIS SUBLEASE, THE TERM
"PRIME RATE" SHALL MEAN THE RATE OF INTEREST ANNOUNCED FROM TIME TO TIME BY
CHASE MANHATTAN BANK OR ITS SUCCESSORS AS ITS PRIME OR CORPORATE BASE RATE.
(D)
SUBTENANT SHALL PAY LANDLORD ON THE DUE
DATES FOR SERVICES REQUESTED BY SUBTENANT WHICH ARE BILLED BY LANDLORD DIRECTLY
TO SUBTENANT RATHER THAN SUBLANDLORD.
(E)
IN ADDITION TO THE MINIMUM RENT PAYABLE
PURSUANT TO SECTION 3 ABOVE, FROM AND AFTER THE COMMENCEMENT DATE, FOR EACH
CALENDAR YEAR OF THE TERM, SUBTENANT, AS ADDITIONAL RENT, SHALL PAY SUBTENANT'S
PERCENTAGE SHARE (WHICH SUBLANDLORD AND SUBTENANT ACKNOWLEDGE AND AGREE IS EQUAL
TO 100%) OF OPERATING COST SHARE RENT, TAX SHARE RENT AND ALL ADDITIONAL RENT
PAYABLE BY SUBLANDLORD UNDER THE PRIME LEASE FOR THE THEN CURRENT CALENDAR
YEAR.
SUBLANDLORD SHALL GIVE SUBTENANT WRITTEN NOTICE OF SUBLANDLORD'S ESTIMATE
OF THE AMOUNT OF ADDITIONAL RENT PER MONTH PAYABLE PURSUANT TO THIS SUBSECTION
FOR EACH CALENDAR YEAR FOLLOWING SUBLANDLORD'S RECEIPT OF LANDLORD'S ESTIMATE OF
SUCH AMOUNTS PAYABLE UNDER THE PRIME LEASE.
THEREAFTER, THE ADDITIONAL RENT
PAYABLE PURSUANT TO THIS SUBSECTION SHALL BE DETERMINED AND ADJUSTED IN
ACCORDANCE WITH THE PROVISIONS BELOW.
(F)
THE DETERMINATION AND ADJUSTMENT OF
ADDITIONAL RENT CONTEMPLATED UNDER SUBSECTION 4(E) ABOVE SHALL BE MADE IN
ACCORDANCE WITH THE FOLLOWING PROCEDURES:
(1)
UPON RECEIPT OF A STATEMENT FROM LANDLORD
SPECIFYING THE ESTIMATED OPERATING COST SHARE RENT, TEX SHARE RENT AND ALL
ADDITIONAL RENT TO BE CHARGED TO SUBLANDLORD UNDER THE PRIME LEASE WITH RESPECT
TO