CIVIC CENTER MEDICAL ARTS 1-2003

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employees park in other than designated parking areas, then Landlord may charge Tenant, as additional rent, Ten Dollars ($10.00) per day for each day or partial day any vehicle is parked in any part of the common facilities other than that designated. Tenant hereby authorizes bandlord to tow away from the ~llllli~ Center any vehicle belonging to Tenant or Tenant's employees p~ked in violation of these provisions, and/or to attach violation stickers or notices to the vehicle. In the event Landlord elects or is required to limit or control parking by customers or invitees of the tllll~center, whether by validation of parking tickets, parking meters or any other method of assessment, or any program for free or reduced cost transportation, Tenant agrees to participate in such validation, assessment or transportation program under reasonable rules and regulations from time to time established by Landlord. SECTION 7.3 TENANT'S SHARE OF EXPENSES Percentage") of all cost and expenses (the "Operatifig Expeffses') incurred by Landlord in the operation, repair and maintenance of the~lll~ Center (including the common facilities) during the Term, regardless said expenses or charges were incurred by Landlord directly in the performance of the work itself or paid by outside contractors. Such expenses shall include, without limitation, the following: (i) expenses incurred by pursuant to Articles V (Taxes and Assessments) but applicable to common facilities, Vll (Common Faci (Maintenance), X (Insurance) and XI (Utilities) of this Lease; (ii) expenses incurred by Landlord in ~Center for general maintenance, gardening, landscaping, repaving, resurfacing, repairs, lighting, cleaning, trash removal, security, fire protection and similar items; (iii) contributions toward one for repairs and replacements of those portions of the~ Center which Landlord is required to under this Lease and the actual cost of any repair or replacement in excess¥ofthe a,.mount of any such: (iv) all charges, surcharges and other levies imposed by, and all costs (whether or i4Ot capital in the requirements of any federal, state or local governmental agency regulating (15%) of all Operating Expenses as reimbursement for Landlord's administrative and overhead IX with the painting, reserves and repair and of compliance with fifteen percent (b) Tenant's Expense Percentage. Tenant's Expense Percentage of the Operating be the product of the sum of such expenses multJphed by a fraction the rlumerator of which shall be the FIc of the Premises and the denominator of which shall be equal to the total floor area of all buildings from time comprising the leased and occupied area in the ~Center or any other fair and equitable manner by Landlord. For purposes of this Section, at Landlord's sole discretion, areas leased by Landlord to tenants freestanding facilities in the ~ Center and areas outside of facilities leased by Landlord under "Space" but utilized by tenants under and in accordance with those leases (other than parking) shall be excluded from Floor Area of the ~ Center. Landlord shall have the right to bill Tenant for Tenant's Expense Percentage provisions of Article Vii. SECTION 7.4 BILLING AND PAYMENT OF EXPENSE (a) Time of Payment. Tenant shall pay to Landlord (without on or before the first (lst) day of each calendar month of the Term, Tenant's Expense Expenses as estimated or at Landlord's option as actually incurred and billed by Landlord, either in advance or from time to time, but not more often than monthly. These items shall be deemed to be additional rent, failure of Tenant to pay any such installment on or before such due date, and without any deduction or offset, shall with it the same consequences as Tenant's failure to pay rent. (b) Estimated Operating Expenses. paragraph (a), Tenant shall pay its monthly Basic Lease Provisions. Until has received its notification from Landlord pursuant to of the estimated Operating Expenses set forth in ltem 6 of the (c) Annual Adjustment. Subset Landlord shall furnish Tenant with a Expenses for the preceding period. Tenant shall pay to Landlord the paid by Tenant over the actual thereafter due from Tenant. (d) Revised Estimates. N~ to time during any Calendar revised bill to the end of each Calendar Year or fiscal year (at Landlord's option), of the actual amount of Tenant's Expense Percentage of Operating amount paid by Tenant is less than the actual amount due from Tenant, within ten (10) days after the date of the statement. Any excess of the amount due from Tenant shall be credited against installments of Operating Expenses contained in this Section shall be construed to limit the right of Landlord from time or fiscal year to revise its estimates of the Operating Expenses and to (i) submit a increased monthly installments to be payable by Tenant for the remainder of such period pursuant to this Section; (ii) to bill Tenant for the difference between the aggregate amount of the monthly installments for the months of the period which would have been payable by Tenant hereunder if based upon the revised estimates and t aggregate amount of the monthly installments for the preceding months payable by Tenant on the due date for each installment. If Landlord elects to proceed pursuant to clause (ii) of the preceding sentence, Tenant shall pay to Landk amount shown on any such bill within ten (10) days of Tenant's r~ceipt thereof. (e) The taxes payable by Tenant to Landlord under this Section and Section 5.1 which are levied or assessed on the fiscal year in which the Term commenced, or which are levied or assessed for the fiscal tax year in which the Term exp' shall be prorated. Landlord shall have the right to notify Tenant of any amount payable by Tenant to taxes payable to Landlord in accordance with this Section. Landlord may notify Tenant prior to Landlord's recei notices and/or tax statements or bills covering any and all taxes. In the event that the amount of any tax fiscal tax year is not known to Landlord at the time of any of Landlord's notices to Tenant, Landlord may the amount and base the notice upon the estimated amount. Landlord and Tenant shall adjust the estimated