amount in excess of the amount paid or incurred by Landlord for the items
included in Expenses.
4.05
PAYMENT OF ADDITIONAL RENT.
4.05.1
EXPENSE STATEMENTS.
FOR THE PERIOD BETWEEN THE COMMENCEMENT
DATE AND THE FOLLOWING DECEMBER 31, TENANT SHALL PAY TO LANDLORD ESTIMATED
ADDITIONAL RENT
11
IN AN AMOUNT EQUAL TO $159,177 PER MONTH, IN ADVANCE, ON THE FIRST DAY OF EACH
MONTH.
TENANT SHALL CONTINUE TO MAKE SAID MONTHLY PAYMENTS UNTIL NOTIFIED BY
LANDLORD OF A CHANGE THEREIN.
IF AT ANY TIME OR TIMES LANDLORD DETERMINES THAT
THE AMOUNTS PAYABLE UNDER PARAGRAPH 4.02 FOR THE CURRENT YEAR WILL VARY FROM
LANDLORD'S ESTIMATE GIVEN TO TENANT, LANDLORD, BY NOTICE TO TENANT, MAY REVISE
THE ESTIMATE FOR SUCH YEAR, AND SUBSEQUENT PAYMENTS BY TENANT FOR SUCH YEAR
SHALL BE BASED UPON SUCH REVISED ESTIMATE.
BY APRIL 1 OF EACH CALENDAR YEAR,
LANDLORD SHALL ENDEAVOR TO PROVIDE TO TENANT A STATEMENT (AN "EXPENSE
STATEMENT") SHOWING THE ACTUAL ADDITIONAL RENT DUE TO LANDLORD FOR THE PRIOR
CALENDAR YEAR, TO BE PRORATED DURING THE FIRST YEAR FROM THE COMMENCEMENT DATE.
IF THE TOTAL OF THE MONTHLY PAYMENTS OF ADDITIONAL RENT THAT TENANT HAS MADE FOR
THE PRIOR CALENDAR YEAR IS LESS THAN THE ACTUAL ADDITIONAL RENT CHARGEABLE TO
TENANT FOR SUCH PRIOR CALENDAR YEAR, THEN TENANT SHALL PAY THE DIFFERENCE IN A
LUMP SUM WITHIN THIRTY (30) DAYS AFTER RECEIPT OF SUCH EXPENSE STATEMENT FROM
LANDLORD.
ANY OVERPAYMENT BY TENANT OF ADDITIONAL RENT FOR THE PRIOR CALENDAR
YEAR SHALL BE, AT TENANT'S ELECTION MADE BY WRITTEN NOTICE TO LANDLORD, REFUNDED
TO TENANT WITHIN THIRTY (30) DAYS OF RECEIPT OF SUCH NOTICE OR APPLIED TO RENT
THEREAFTER FALLING DUE.
4.05.2
ADJUSTMENTS; RECONCILIATION.
LANDLORD'S THEN-CURRENT ANNUAL
OPERATING AND CAPITAL BUDGETS FOR THE BUILDINGS AND THE PROJECT OR THE PERTINENT
PART THEREOF SHALL BE USED FOR PURPOSES OF CALCULATING TENANT'S MONTHLY PAYMENT
OF ESTIMATED ADDITIONAL RENT FOR THE CURRENT YEAR, SUBJECT TO ADJUSTMENT AS
PROVIDED ABOVE.
LANDLORD SHALL MAKE THE FINAL DETERMINATION OF ADDITIONAL RENT
FOR THE YEAR IN WHICH THIS LEASE TERMINATES FOLLOWING THE END OF SUCH YEAR IN
THE MANNER PROVIDED IN PARAGRAPH 4.05.1.
EVEN THOUGH THE TERM HAS EXPIRED AND
TENANT HAS VACATED THE PREMISES, TENANT SHALL REMAIN LIABLE FOR PAYMENT OF ANY
AMOUNT DUE TO LANDLORD IN EXCESS OF THE ESTIMATED ADDITIONAL RENT PREVIOUSLY
PAID BY TENANT, AND, CONVERSELY, LANDLORD SHALL PROMPTLY RETURN TO TENANT ANY
OVERPAYMENT.
FAILURE OF LANDLORD TO SUBMIT EXPENSE STATEMENTS AS CALLED FOR
HEREIN SHALL NOT BE DEEMED A WAIVER OF TENANT'S OBLIGATION TO PAY ADDITIONAL
RENT AS HEREIN PROVIDED.
4.05.3
PROPORTIONATE SHARE.
WITH RESPECT TO EXPENSES WHICH LANDLORD
REASONABLY ALLOCATES TO EACH BUILDING AND THE PROJECT, TENANT'S "PROPORTIONATE
SHARE" SHALL BE ONE HUNDRED PERCENT (100%) FOR SO LONG AS THE PREMISES INCLUDE
THE ENTIRETY OF ALL OF THE BUILDINGS.
IF TENANT SHALL NOT OCCUPY ALL OF THE
BUILDINGS, WITH RESPECT TO EXPENSES WHICH LANDLORD REASONABLY ALLOCATES TO THE
PROJECT AS A WHOLE OR TO ONLY A PORTION OF THE PROJECT, TENANT'S "PROPORTIONATE
SHARE" SHALL BE, WITH RESPECT