OFFICE BUILDING OR BUILDINGS AND/OR ANY PARKING AREAS OR A PARKING
STRUCTURE ALSO OWNED OR OPERATED BY LANDLORD OR ANY OF ITS RELATED ENTITIES, AS
LANDLORD MAY ELECT AT LANDLORD'S SOLE DISCRETION, THEN TENANT'S SHARE SHALL BE
APPROPRIATELY ADJUSTED UPON SUCH INCORPORATION OR SEVERANCE BY LANDLORD OF THE
ADDITIONAL OFFICE OR COMMERCIAL OR PARKING AREA OR AREAS INTO OR WITH OR FROM
THE BUILDING OR THE PROJECT.
FURTHERMORE, IN THE EVENT THAT ONE TENANT
OCCUPYING ALL OR A SUBSTANTIAL PORTION OF THE BUILDING SHOULD BE REQUIRED OR
ELECT (FOR EXAMPLE, IN INSTANCES WHERE GOVERNMENTAL SECURITY CLEARANCES ARE
REQUIRED), WITH LANDLORD'S PERMISSION, TO PERFORM ALL OF ITS OWN JANITORIAL
AND/OR INTERIOR MAINTENANCE SERVICES, AND/OR PAY DIRECTLY ITS OWN UTILITY
CONSUMPTION, THEN THERE MAY BE TWO (2) OR MORE SEPARATE TENANT'S SHARES
APPLICABLE TO TENANT, WHICH LANDLORD SHALL DETERMINE AT LANDLORD'S SOLE
DISCRETION FROM TIME TO TIME BASED UPON ALL FACTS THEN EXISTING, SO THAT ALL
TENANTS SHALL BE OBLIGATED ON A REASONABLE BASIS FOR THEIR RESPECTIVE
11
TENANT'S SHARES OF ALL OPERATING EXPENSES FOR THE BUILDING, AND THE PORTION OF
THE OPERATING EXPENSES FOR THE COMMON AREAS ALLOCATED TO THE BUILDING.
FOR
EXAMPLE, ONE OF SUCH TENANT'S SHARES COULD RELATE TO THE RENTABLE SQUARE FEET OF
ALL TENANTS WHO RECEIVE JANITORIAL, MAINTENANCE AND OTHER SIMILAR SERVICES,
AND/OR WHO PAY DIRECTLY THEIR OWN UTILITIES, AND ONE OF WHICH COULD RELATE TO
THE BALANCE OF INTERIOR SERVICES AND ALL BUILDING COMMON AREA SERVICES
(LANDSCAPING, WINDOW WASHING, EXTERIOR MAINTENANCE, ETC.) AND INSURANCE COSTS
AND REAL PROPERTY TAXES.
LANDLORD SHALL GIVE NOTICE TO TENANT AND OTHER
AFFECTED TENANTS OF LANDLORD'S ELECTION TO USE EITHER ONE OR MORE TENANT'S
SHARES APPLICABLE TO TENANT FROM TIME TO TIME FOR THE BUILDING OR THE PROJECT,
OR BOTH, PROMPTLY AFTER ANY SUCH ELECTION, AND THE RESULTANT CHANGE IN TENANT'S
SHARE THEREAFTER SHALL BE BINDING UPON TENANT.
THE ALLOCATION OF OPERATING
EXPENSES AND COMMON AREAS MAY BE ADJUSTED FROM TIME TO TIME BY LANDLORD, AS THE
FACTS AND CIRCUMSTANCES REASONABLY REQUIRE, WITHOUT PRIOR NOTICE TO TENANT;
PROVIDED, HOWEVER, LANDLORD SHALL THEREAFTER NOTIFY TENANT OF ANY SUCH
ADJUSTMENT AND, FOLLOWING WRITTEN REQUEST FROM TENANT, PROVIDE REASONABLE
DOCUMENTATION OF THE FACTS AND CIRCUMSTANCES PURSUANT TO WHICH SUCH ADJUSTMENT
WAS MADE.
PRORATION OF OPERATING EXPENSES.
SHOULD THIS LEASE COMMENCE OR
TERMINATE AT ANY TIME OTHER THAN THE FIRST OR LAST DAY OF THE CALENDAR YEAR,
RESPECTIVELY, THE AMOUNTS DUE AS ADDITIONAL RENT PURSUANT TO ARTICLE 4 FOR THE
COMMENCEMENT OR TERMINATION YEAR ONLY SHALL BE PRORATED PURSUANT TO THE METHOD
PROVIDED IN ARTICLE 3 OF THIS LEASE.
4.2.5
TAXES.
"TAX EXPENSES" SHALL MEAN ALL FEDERAL, STATE, COUNTY, OR LOCAL
GOVERNMENTAL OR MUNICIPAL TAXES, FEES, CHARGES OR OTHER IMPOSITIONS OF EVERY
KIND AND NATURE, WHETHER GENERAL, SPECIAL, ORDINARY OR EXTRAORDINARY,
(INCLUDING, WITHOUT LIMITATION, REAL ESTATE TAXES, GENERAL AND SPECIAL
ASSESSMENTS, TRANSIT TAXES, LEASEHOLD TAXES OR TAXES BASED UPON THE RECEIPT OF
RENT, INCLUDING GROSS RECEIPTS OR SALES TAXES APPLICABLE TO THE RECEIPT OF RENT,
UNLESS REQUIRED TO BE PAID BY TENANT,