DAYS AFTER THE RECEIPT OF
THE ESTIMATE STATEMENT, A FRACTION OF THE ESTIMATED EXCESS FOR THE THEN-CURRENT
EXPENSE YEAR (REDUCED BY ANY AMOUNTS PAID PURSUANT TO THE LAST SENTENCE OF THIS
SECTION 4.3.3).
SUCH FRACTION SHALL HAVE AS ITS NUMERATOR THE NUMBER OF MONTHS
WHICH HAVE ELAPSED IN SUCH CURRENT EXPENSE YEAR TO THE MONTH OF SUCH PAYMENT,
BOTH MONTHS INCLUSIVE, AND SHALL HAVE TWELVE (12) AS ITS DENOMINATOR.
IF AT ANY
TIME (BUT NOT MORE OFTEN THAN ONE TIME PER EXPENSE YEAR) LANDLORD DETERMINES IN
GOOD FAITH THAT THE EXCESS FOR AN EXPENSE YEAR IS PROJECTED TO VARY FROM THE
THEN ESTIMATED EXCESS FOR SUCH EXPENSE YEAR, LANDLORD MAY, NOT MORE THAN TWICE
IN ANY EXPENSE YEAR, BY NOTICE TO TENANT, REVISE SUCH ESTIMATED EXCESS, AND
TENANT'S MONTHLY INSTALLMENTS FOR THE REMAINDER OF SUCH EXPENSE YEAR SHALL BE
ADJUSTED SO THAT BY THE END OF SUCH EXPENSE YEAR TENANT SHALL HAVE PAID TO
LANDLORD THE REVISED ESTIMATED EXCESS FOR SUCH EXPENSE YEAR.
UNTIL A NEW
ESTIMATE STATEMENT IS FURNISHED, TENANT SHALL PAY MONTHLY, WITH THE MONTHLY BASE
RENT INSTALLMENTS, AN AMOUNT EQUAL TO ONE-TWELFTH (1/12) OF THE ESTIMATED EXCESS
SET FORTH IN THE PREVIOUS ESTIMATE STATEMENT DELIVERED BY LANDLORD TO TENANT.
4.3.4
ALLOCATION OF OPERATING EXPENSES, TAX EXPENSES AND UTILITIES COSTS
TO THE BUILDING.
THE PARTIES ACKNOWLEDGE THAT THE BUILDING IS PART OF A
MULTI-BUILDING PROJECT CONSISTING OF THE BUILDING, THE OTHER EXISTING BUILDINGS,
AND SUCH OTHER BUILDINGS AS LANDLORD AND/OR ANY OTHER OWNERS OF LAND WITHIN THE
PROJECT MAY ELECT TO CONSTRUCT AND INCLUDE AS PART OF THE PROJECT FROM TIME TO
TIME (COLLECTIVELY, THE "FUTURE BUILDINGS"), AND THAT CERTAIN OF THE COSTS AND
EXPENSES INCURRED IN CONNECTION WITH THE REAL PROPERTY (I.E., CERTAIN OF THE
OPERATING EXPENSES, TAX EXPENSES AND UTILITIES COSTS) SHALL BE SHARED AMONG THE
BUILDING, THE OTHER EXISTING BUILDINGS AND SUCH FUTURE BUILDINGS, BUT COSTS AND
EXPENSES WHICH ARE SOLELY ATTRIBUTABLE OR EXCLUSIVELY PERTAINING TO THE
BUILDING, THE OTHER EXISTING BUILDINGS AND/OR SUCH FUTURE BUILDINGS, AS
APPLICABLE, SHALL BE ALLOCATED DIRECTLY TO THE BUILDING, OTHER EXISTING
BUILDINGS AND/OR SUCH FUTURE BUILDINGS, RESPECTIVELY.
ACCORDINGLY, AS SET FORTH
IN SECTIONS 4.1 AND 4.2 ABOVE, BUT SUBJECT TO THE LIMITATIONS CONTAINED IN THIS
SECTION 4.3.4, OPERATING EXPENSES, TAX EXPENSES AND UTILITIES COSTS ARE
DETERMINED ANNUALLY FOR THE REAL PROPERTY AS A WHOLE (EXCLUDING, HOWEVER, ANY
SUCH COSTS INCURRED SOLELY BY AN OWNER OF ANY EXISTING BUILDING OR OTHER
BUILDING WHICH IS OTHER THAN LANDLORD OR A COMMON AREA ASSOCIATION FOR LNR
WARNER CENTER AND WHICH DO NOT PERTAIN TO SHARED COMMON COSTS FOR THE SHARED
COMMON AREAS OF THE PROJECT), AND A PORTION OF SUCH OPERATING EXPENSES, TAX
EXPENSES AND UTILITIES COSTS, WHICH PORTION SHALL BE REASONABLY DETERMINED BY
LANDLORD ON AN EQUITABLE BASIS (BASED UPON SOUND REAL ESTATE MANAGEMENT
PRINCIPLES), SHALL BE ALLOCATED TO THE BUILDING (AS OPPOSED TO THE OTHER
EXISTING BUILDINGS AND ANY SUCH FUTURE BUILDINGS), AND SUCH PORTION SO
ALLOCATED, TOGETHER WITH THE COSTS AND EXPENSES SOLELY ATTRIBUTABLE OR
EXCLUSIVELY PERTAINING TO THE