prior demand therefor, in advance on
the first day of each calendar month, the amount set forth as "Base Monthly
Rent" in Article 1 (the "Base Monthly Rent").
3.2
Additional Rent.
Commencing on the Lease Commencement Date (as
determined pursuant Article 2 above) and continuing throughout the Lease Term,
in addition to the Base Monthly Rent and to the extent not required by Landlord
to be contracted for and paid directly by Tenant, Tenant shall pay to Landlord
as additional rent (the "Additional Rent") the following amounts:
(A)
AN AMOUNT EQUAL TO ALL PROPERTY OPERATING EXPENSES (AS DEFINED IN
PARAGRAPH 13.12) INCURRED BY LANDLORD. PAYMENT SHALL BE MADE BY WHICHEVER OF THE
FOLLOWING METHODS (OR COMBINATION OF METHODS) IS (ARE) FROM TIME TO TIME
DESIGNATED BY LANDLORD:
(I)
LANDLORD MAY FORWARD INVOICES OR BILLS FOR SUCH EXPENSES TO
TENANT, AND TENANT SHALL, NO LATER THAN TEN (10) DAYS PRIOR TO THE DUE DATE, PAY
SUCH INVOICES OR BILLS AND DELIVER SATISFACTORY EVIDENCE OF SUCH PAYMENT TO
LANDLORD, AND/OR
(II)
LANDLORD MAY BILL TO TENANT, ON A PERIODIC BASIS NOT MORE
FREQUENTLY THAN MONTHLY, THE AMOUNT OF SUCH EXPENSES (OR GROUP OF EXPENSES) AS
PAID OR INCURRED BY LANDLORD, AND TENANT SHALL PAY TO LANDLORD THE AMOUNT OF
SUCH EXPENSES WITHIN TEN DAYS AFTER RECEIPT OF A WRITTEN BILL THEREFOR FROM
LANDLORD, AND/OR
(III)
LANDLORD MAY DELIVER TO TENANT LANDLORD'S REASONABLE ESTIMATE OF
ANY GIVEN EXPENSE (SUCH AS LANDLORD'S INSURANCE COSTS OR REAL PROPERTY TAXES),
OR GROUP OF EXPENSES, WHICH IT ANTICIPATES WILL BE PAID OR INCURRED FOR THE
ENSUING CALENDAR OR FISCAL YEAR, AS LANDLORD MAY DETERMINE, AND TENANT SHALL PAY
TO LANDLORD AN AMOUNT EQUAL TO THE ESTIMATED AMOUNT OF SUCH EXPENSES FOR SUCH
YEAR IN EQUAL MONTHLY INSTALLMENTS DURING SUCH YEAR WITH THE INSTALLMENTS OF
BASE MONTHLY RENT.
(B)
LANDLORD'S SHARE OF THE CONSIDERATION RECEIVED BY TENANT UPON CERTAIN
ASSIGNMENTS AND SUBLETTINGS AS REQUIRED BY ARTICLE 7.
(C)
ANY LEGAL FEES AND COSTS THAT TENANT IS OBLIGATED TO PAY OR REIMBURSE TO
LANDLORD PURSUANT TO ARTICLE 13; AND
(D)
ANY OTHER CHARGES OR REIMBURSEMENTS DUE LANDLORD FROM TENANT PURSUANT TO
THE TERMS OF THIS LEASE.
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Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to
have Tenant pay Real Property Taxes or any portion thereof directly to the
applicable taxing authority, in which case Tenant shall make such payments and
deliver satisfactory evidence of payment to Landlord no later than ten (10) days
before such Real Property Taxes become delinquent.
3.3
Year-End Adjustments; Audits.
If Landlord shall have elected to
bill Tenant for the Property Operating Expenses (or any group of such expenses)
on an estimated basis in accordance with the provisions of Paragraph 3.2(a)(iii)
above, Landlord shall furnish to Tenant within three months following the end of
the applicable calendar or fiscal year, as the case may be, a written statement
setting forth (i) a reasonably detailed description of the Property Operating
Expenses in question, (ii) the amount of such expenses paid or