WHICH THE LEASE COMMENCES AND THEREAFTER FOR
EACH SUCCESSIVE CALENDAR YEAR (EACH, A "LEASE YEAR"), OR PART THEREOF, LANDLORD
SHALL SEND TO TENANT A STATEMENT OF PROJECTED INCREASES IN RECOGNIZED EXPENSES
IN EXCESS OF THE BASE YEAR AND SHALL INDICATE WHAT TENANT'S PROJECTED SHARE OF
RECOGNIZED EXPENSES SHALL BE, AS CALCULATED PURSUANT TO THE LEASE.
SAID AMOUNT
SHALL BE PAID IN EQUAL MONTHLY INSTALLMENTS IN ADVANCE BY TENANT AS ADDITIONAL
RENT COMMENCING JANUARY 1 OF THE APPLICABLE LEASE YEAR.
(C)
IF DURING THE COURSE OF ANY LEASE YEAR, LANDLORD SHALL HAVE REASON
TO BELIEVE THAT THE RECOGNIZED EXPENSES SHALL BE DIFFERENT THAN THAT UPON WHICH
THE AFORESAID PROJECTIONS WERE ORIGINALLY BASED, THEN LANDLORD, ONE TIME IN ANY
CALENDAR YEAR, SHALL BE ENTITLED TO ADJUST THE AMOUNT BY REALLOCATING THE
REMAINING PAYMENTS FOR SUCH YEAR, FOR THE MONTHS OF THE LEASE YEAR WHICH REMAIN
FOR THE REVISED PROJECTIONS, AND TO ADVISE TENANT OF AN ADJUSTMENT IN FUTURE
MONTHLY AMOUNTS TO THE END RESULT THAT THE RECOGNIZED EXPENSES SHALL BE
COLLECTED ON A REASONABLY CURRENT BASIS EACH LEASE YEAR.
TENANT SHALL HAVE THE
RIGHT TO AUDIT EXPENSES PER ARTICLE 6(D) BELOW.
(D)
LANDLORD SHALL PERMIT TENANT, AT ITS SOLE COST AND EXPENSE UPON AT
LEAST TEN (10) BUSINESS DAYS PRIOR WRITTEN NOTICE TO HAVE AN AUDIT MADE OF
LANDLORD'S BOOKS, RECORDS, AND ACCOUNTS RELATIVE TO THE TAXES AND OPERATING
EXPENSES.
SUCH INSPECTION SHALL BE MADE ON SUCH DATE AND TIME REASONABLY SET BY
THE LANDLORD IN LANDLORD'S OFFICE DURING NORMAL BUSINESS HOURS.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, TENANT OR TENANT'S AUTHORIZED
REPRESENTATIVE MAY CONDUCT AN AUDIT NO MORE THAN ONE (1) TIME DURING ANY LEASE
YEAR AND MAY ONLY AUDIT THE IMMEDIATELY PRECEDING YEAR'S TAXES AND OPERATING
EXPENSES.
IF THE EXAMINATION MADE BY THE TENANT DISCLOSES A DISCREPANCY IN THE
TAXES AND OPERATING EXPENSES CHARGED TO THE TENANT, TENANT SHALL CONTEST SUCH
CHARGE WITHIN THIRTY (30) DAYS AFTER TENANT'S COMPLETION OF ITS EXAMINATION OF
TAXES AND OPERATING EXPENSES.
IN THE EVENT THAT TENANT DOES NOT PROVIDE WRITTEN
NOTICE TO LANDLORD OF TENANT'S INTENT TO DISPUTE OR CONTEST SUCH EXPENSES
9
WITHIN THE THIRTY (30) DAY PERIOD, TENANT WAIVES THE RIGHT TO DISPUTE OR CONTEST
THE TAXES AND OPERATING EXPENSES.
IT IS FURTHER UNDERSTOOD AND AGREED THAT
TENANT, TENANT'S ACCOUNTANT AND TENANT'S OUTSIDE COUNSEL WILL RETAIN AS
CONFIDENTIAL THE INFORMATION CONTAINED IN THE ABOVE DESCRIBED BOOKS, RECORDS AND
ACCOUNTS.
(E)
BY APRIL 30TH OF EACH LEASE YEAR OR AS SOON THEREAFTER AS
ADMINISTRATIVELY AVAILABLE, LANDLORD SHALL SEND TO TENANT A STATEMENT OF ACTUAL
EXPENSES INCURRED FOR RECOGNIZED EXPENSES FOR THE PRIOR LEASE YEAR SHOWING THE
ALLOCATED SHARE DUE FROM TENANT.
LANDLORD SHALL USE ITS BEST EFFORTS AND
DILIGENTLY WORK TO PROVIDE TENANT WITH THE AFORESAID STATEMENTS ON OR BEFORE
APRIL 30 OF EACH LEASE YEAR; PROVIDED, HOWEVER, IF LANDLORD IS UNABLE TO PROVIDE
SUCH STATEMENTS BY APRIL 30, LANDLORD SHALL NOT HAVE BEEN DEEMED TO WAIVE ITS
RIGHT TO COLLECT ANY SUCH AMOUNTS AS ADDITIONAL RENT.
IN THE EVENT THE