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<br />employees park in other than designated parking areas, then Landlord may charge Tenant, as additional rent, Ten Dollars
<br />($10,00) per day for each day or partial day any vehicle is parked in any part of the common facilities other than that
<br />designated. Tenant hereby authorizes Lendlord to tow away !Torn the . Center any vehicle belonging to Tenant or
<br />Tenant's employees parked in violation of these provisions, and/or to attach violation stickers or notices to the vehicle, In
<br />the event Landlord elects or is required to limit or control parking by customers or invitees of the _Center,
<br />whether by validation of parking tickets, parking meters or any other method of assessment, or any program for !Tee or
<br />reduced cost transportation, Tenant agrees to participate in such validation, assessment or transportation program under
<br />reasonable rules and regulations !Torn time to time established by Landlord.
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<br />SECTION 7.3 TENANT'S SHARE OF EXPENSES
<br />
<br />(
<br />Percentage") of all cost and expenses (the "Operati;,g Expeh'ses") incurred by Landlord in the operation, manageme ,
<br />repair and maintenance of the Center (including the common facilities) during the Term, regardless ofwhe er
<br />said expenses or charges were incurred by Landlord directly in the performance of the work itself or paid by Land rd to
<br />outside contractors. Such expenses shall include, without limitation, the following: (i) expenses incurred by ndlord
<br />pursuant to Articles V (Taxes and Assessments) but applicable to common facilities, VII (Common Faci ties), IX
<br />(Maintenance), X (Insurance) and XI (Utilities) of this Lease; (ii) expenses incurred by Landlord in connect' n with the
<br />"'Center for general maintenance, gardening, landscaping, repaving, resurfacing, repairs, replacem ts, painting,
<br />lighting, cleaning, trash removal, security, fire protection and similar items; (iii) contributions toward one more reserves
<br />for repairs and replacements of those portions of the Center which Landlord is required to mtain and repair
<br />under this Lease and the actual cost of any repair or replacement in excess pfthe amount of any such serve therefor; and
<br />(iv) all charges, surcharges and other levies imposed by, and all costs (wh¿iher or not capital in natur of compliance with
<br />the requirements of any federal, state or local governmental agency regulating the Cente , and (v) fifteen percent
<br />(15%) of all Operating Expenses as reimbursement for Landlord's administrative and overhead c sts.
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<br />(b) Tenant's Expense Percentage. Te~ant's E~pense Percentage of the Operating E enses shall be the product of
<br />the sum of such expenses multiplied by a !Taction the tlumerator of which shall be the Flo r Area of the Premises and the
<br />denominator of which shall be equal to the total floor area of all buildings !Torn time time comprising the leased and
<br />occupied area in the _Center or any other fair and equitable manner as dete Ined by Landlord, For purposes of
<br />this Section, at Landlord's sole discretion, areas leased by Landlord to tenants 0 upying !Teestanding facilities in the
<br />Center and areas outside of facilities leased by Landlord under "Space" eases, but utilized by tenants under and
<br />in accordance with those leases (other than parking) shall be excluded !Torn e Floor Area of the Center.
<br />Landlord shall have the right to bill Tenant for Tenant's Expense Percentage i accordance with provisions of Article VII.
<br />
<br />SECTION 7.4 BILLING AND PAYMENT OF EXPENSE P RCENTAGE
<br />(a) Time of Payment. Tenant shall pay to Landlord (without emand), on or before the first (I") day of each
<br />calendar month of the Term, Tenant's Expense Percentage of Ope rat' g Expenses as estimated or at Landlord's option as
<br />actually incurred and billed by Landlord, either in advance or i arrears, !Torn time to time, but not more often than
<br />monthly. These items shall be deemed to be additional rent, an the failure of Tenant to pay any such installment on or
<br />before such due date, and without any deduction or offset, shal arry with it the same consequences as Tenant's failure to
<br />pay rent
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<br />(b) Estimated Operating Expenses. Until
<br />paragraph (a). Tenant shall pay its monthly installm
<br />Basic Lease Provisions,
<br />
<br />
<br />nant has received its notification !Torn Landlord pursuant to
<br />ts of the estimated Operating Expenses set forth in Item 6 of the
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<br />(c) Annual Adjustment. Subsequent 0 the end of each Calendar Year or fiscal year (at Landlord's option),
<br />Landlord shall lumish Tenant with a stat ent of the actual amount of Tenant's Expense Percentage of Operating
<br />Expenses for the preceding period. If th total amount paid by Tenant is less than the actual amount due !Torn Tenant,
<br />Tenant shall pay to Landlord the differe ce within ten (10) days after the date of the statement Any excess of the amount
<br />paid by Tenant over the actual amo t due from Tenant shall be credited against installments of Operating Expenses
<br />thereafter due from Tenant
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<br />(d) Revised Estimates. N 1Ìng contained in this Section shall be construed to limit the right of Landlor~ !Torn time
<br />to time during any Calendar ear or fiscal year to revise its estimates of the Operating Expenses .and to (I) subml.t a
<br />revised bill to Tenant contai ng increased monthly installments to be payable by Tenant for the remamder of such period
<br />pursuant to this Section; d/or (ii) to bill Tenant for the difference between the aggregate amount. of the monthly
<br />installments for the prece ing months of the period which would have been payable by Tenant hereunder tfbased upon the
<br />revised estimates and t aggregate amount of the monthly installments for the preceding months payable by Tenant on the
<br />due date for each su installment If Landlord elects to proceed pursuant to clause (ii) of the preceding sentence, Tenant
<br />shall pay to Landlo tl the amount shown on any such bill within ten (10) days of Tenant's receipt thereof.
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<br />(e) Taxe The taxes payable by Tenant to Landlord under this Section and Section 5, I which are levied or as.'essed
<br />on the fiscal x year in which the Term commenced, or which are levied or assessed for the fiscal tax year m which the
<br />Term expi s, shall be prorated. Landlord shall have the right to notify Tenant of any amount paya~le by Tenant ~o
<br />Landlor or taxes payable to Landlord in accordance with this Section. Landlord may notify Tenant pnor to Landlord s
<br />receipt f assessment notices and/or tax statements or bills covering any and all taxes.. In th~ event ,that the amount of any
<br />tax fi r any fiscal tax year is not known to Landlord at the time of any of Landlord s notices to renant, Landlord may
<br />est' late the amount and base the notice upon the estimated amount Landlord and renant shall adjust the estImated
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