THE EXPENSE YEAR TO WHICH SUCH
ESTIMATE STATEMENT RELATES.
THE FAILURE OF LANDLORD TO TIMELY FURNISH THE
ESTIMATE STATEMENT FOR ANY EXPENSE YEAR SHALL NOT PRECLUDE LANDLORD FROM
ENFORCING ITS RIGHTS TO COLLECT ANY ESTIMATED DIRECT EXPENSES UNDER THIS
ARTICLE 4, NOR SHALL LANDLORD BE PROHIBITED FROM REVISING ANY ESTIMATE STATEMENT
OR ESTIMATED DIRECT EXPENSES THERETOFORE DELIVERED TO THE EXTENT NECESSARY.
THEREAFTER, TENANT SHALL PAY, WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE
ESTIMATE STATEMENT, A FRACTION OF THE ESTIMATED DIRECT EXPENSES FOR THE
THEN-CURRENT EXPENSE YEAR (REDUCED BY ANY AMOUNTS PAID PURSUANT TO THE SECOND TO
LAST SENTENCE OF THIS SECTION 4.4.2).
SUCH FRACTION SHALL HAVE AS ITS NUMERATOR
THE NUMBER OF MONTHS WHICH HAVE ELAPSED IN SUCH CURRENT EXPENSE YEAR, INCLUDING
THE MONTH OF SUCH PAYMENT, AND TWELVE (12) AS ITS DENOMINATOR.
UNTIL A NEW
ESTIMATE STATEMENT IS FURNISHED (WHICH LANDLORD SHALL HAVE THE RIGHT TO DELIVER
TO TENANT AT ANY TIME), TENANT SHALL PAY MONTHLY, WITH THE MONTHLY BASE RENT
INSTALLMENTS, AN AMOUNT EQUAL TO ONE-TWELFTH (1/12) OF THE TOTAL ESTIMATED
DIRECT EXPENSES SET FORTH IN THE PREVIOUS ESTIMATE STATEMENT DELIVERED BY
LANDLORD TO TENANT.
THROUGHOUT THE LEASE TERM LANDLORD SHALL MAINTAIN BOOKS AND
RECORDS WITH RESPECT TO BUILDING DIRECT EXPENSES IN ACCORDANCE WITH GENERALLY
ACCEPTED REAL ESTATE ACCOUNTING AND MANAGEMENT PRACTICES, CONSISTENTLY APPLIED.
4.5
TAXES AND OTHER CHARGES FOR WHICH TENANT IS
DIRECTLY RESPONSIBLE.
4.5.1
TENANT SHALL BE LIABLE FOR AND SHALL PAY TEN
(10) DAYS BEFORE DELINQUENCY, TAXES LEVIED AGAINST TENANT'S EQUIPMENT,
FURNITURE, FIXTURES AND ANY OTHER PERSONAL PROPERTY LOCATED IN OR ABOUT THE
PREMISES.
IF ANY SUCH TAXES ON TENANT'S EQUIPMENT, FURNITURE, FIXTURES AND ANY
OTHER PERSONAL PROPERTY ARE LEVIED AGAINST LANDLORD OR LANDLORD'S PROPERTY OR IF
THE ASSESSED VALUE OF LANDLORD'S PROPERTY IS INCREASED BY THE INCLUSION THEREIN
OF A VALUE PLACED UPON SUCH EQUIPMENT, FURNITURE, FIXTURES OR ANY OTHER PERSONAL
PROPERTY AND IF LANDLORD PAYS THE TAXES BASED UPON SUCH INCREASED ASSESSMENT,
WHICH LANDLORD SHALL HAVE THE RIGHT TO DO REGARDLESS OF THE VALIDITY THEREOF BUT
ONLY UNDER PROPER PROTEST IF REQUESTED BY TENANT, TENANT SHALL UPON DEMAND REPAY
TO LANDLORD THE TAXES SO LEVIED AGAINST LANDLORD OR THE PROPORTION OF SUCH TAXES
RESULTING FROM SUCH INCREASE IN THE ASSESSMENT, AS THE CASE MAY BE.
4.5.2
IF THE TENANT IMPROVEMENTS IN THE PREMISES, WHETHER
INSTALLED AND/OR PAID FOR BY LANDLORD OR TENANT AND WHETHER OR NOT AFFIXED TO
THE REAL PROPERTY SO AS TO BECOME A PART THEREOF, ARE ASSESSED FOR REAL PROPERTY
TAX PURPOSES AT A VALUATION HIGHER THAN THE VALUATION AT WHICH TENANT
IMPROVEMENTS CONFORMING TO LANDLORD'S "BUILDING STANDARD" IN OTHER SPACE IN THE
BUILDING ARE ASSESSED, THEN THE TAX EXPENSES LEVIED AGAINST LANDLORD OR THE
PROPERTY BY REASON
19
OF SUCH EXCESS ASSESSED VALUATION SHALL BE DEEMED TO BE TAXES LEVIED AGAINST
PERSONAL PROPERTY OF TENANT AND SHALL BE GOVERNED BY THE PROVISIONS OF
SECTION 4.5.1, ABOVE.
4.5.3
NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN,
TENANT SHALL PAY PRIOR TO DELINQUENCY ANY (I) RENT TAX OR SALES TAX, SERVICE
TAX,