PARAGRAPH (D) ABOVE TO THE
EXTENT APPLICABLE WHEN SUCH ADDITIONAL PARCEL SHALL BE AVAILABLE FOR THE GENERAL
USE OF THE TENANTS OF THE COMPLEX, (B) THE SQUARE FOOTAGE OF ANY BUILDINGS THEN
OR THEREAFTER CONSTRUCTED ON SUCH ADDITIONAL PARCEL, THE TENANTS OR OCCUPANTS OF
WHICH ARE PERMITTED GENERALLY TO USE THE COMMON AREAS, SHALL, AS OF THE
APPLICABLE TAX SHARE DETERMINATION DATE, BE ADDED TO THE DENOMINATOR OF THE
COMMON AREA TAX SHARE FOR PURPOSES OF CALCULATING THE COMMON AREA TAX SHARE IN
ACCORDANCE WITH PARAGRAPH (E) ABOVE, USING THE SAME STANDARD OF MEASUREMENT TO
COMPUTE THE AREA OF THE NEW OR
11
ADDITIONAL BUILDINGS AS THAT USED TO COMPUTE THE AREA OF THE DEMISED PREMISES
FOR PURPOSES OF THIS LEASE, (C) SUCH ADDITIONAL PARCEL SHALL THEREAFTER BE
DEEMED A PART OF THE COMPLEX LAND FOR ALL PURPOSES OF THIS LEASE AND (D) THE
COMMON AREA TAXES FOR THE BASE TAX YEAR SHALL BE EQUITABLY INCREASED TO REFLECT
THE INCLUSION OF THE TAXES FOR THE ADDITIONAL PARCEL IN COMMON AREA TAXES.
(I)
THE TERM "ESCALATION STATEMENT" SHALL
MEAN A STATEMENT SETTING FORTH THE AMOUNT PAYABLE BY TENANT FOR A SPECIFIED TAX
YEAR OR OPERATING YEAR (AS DEFINED IN SECTION 3.02), AS THE CASE MAY BE, OR FOR
SOME PORTION THEREOF PURSUANT TO THIS ARTICLE 3.
B.
TENANT SHALL PAY TO LANDLORD AS
ADDITIONAL RENT FOR EACH TAX YEAR OR PARTIAL TAX YEAR AN AMOUNT EQUAL TO THE SUM
OF THE FOLLOWING:
(A) TENANT'S TAX SHARE OF THE EXCESS OF THE BUILDING TAXES
FOR SUCH TAX YEAR OVER THE BUILDING TAXES FOR THE BASE TAX YEAR AND (B) THE
COMMON AREA TAX SHARE OF THE EXCESS OF THE COMMON AREA TAXES FOR SUCH TAX YEAR
OVER THE COMMON AREA TAXES FOR THE BASE TAX YEAR (COLLECTIVELY, "TENANT'S TAX
PAYMENT").
LANDLORD SHALL FURNISH TENANT AN ANNUAL ESCALATION STATEMENT
(SUBJECT TO REVISION AS HEREINAFTER PROVIDED) FOR EACH TAX YEAR SETTING FORTH
TENANT'S TAX PAYMENT (OR, IF LANDLORD HAS NOT YET RECEIVED BILLS EVIDENCING THE
FULL AMOUNT OF TAXES PAYABLE DURING SUCH TAX YEAR, LANDLORD'S GOOD FAITH
ESTIMATE OF TENANT'S TAX PAYMENT, WHICH SHALL FOR ALL PURPOSES HEREOF BE DEEMED
TO BE THE TAXES FOR SUCH TAX YEAR PAYABLE HEREUNDER UNTIL SUCH TAXES ARE FINALLY
DETERMINED) FOR SUCH TAX YEAR.
THE ESCALATION STATEMENT SHALL BE ACCOMPANIED BY
A COPY OF THE APPLICABLE TAX BILL AND, WITH RESPECT TO THE FIRST TAX YEAR
FOLLOWING THE BASE TAX YEAR, WITH A COPY OF THE TAX BILL FOR THE BASE TAX YEAR.
TENANT'S TAX PAYMENT (DETERMINED AS ABOVE PROVIDED) SHALL BE PAYABLE MONTHLY,
EACH SUCH INSTALLMENT TO BE IN SUCH AMOUNT AND DUE AT SUCH TIME SUCH THAT
LANDLORD SHALL HAVE RECEIVED TENANT'S TAX SHARE OF (I) ALL INSTALLMENTS OF
BUILDING TAXES AND (II) ALL INSTALLMENTS OF COMMON AREA TAXES PAYABLE, IN EITHER
CASE, TO A GOVERNMENTAL AUTHORITY, OR TO ANY DESIGNATED PARTY UNDER ANY
APPLICABLE RECIPROCAL AGREEMENTS (A "RESPONSIBLE PARTY"), OR AS TAX ESCROW
PAYMENTS TO ANY SUPERIOR GROUND LESSOR OR MORTGAGEE, NOT LESS THAN