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`h <br />to Tenant an amount equal to the following: <br />Quarters commencing in Lease Year 1 <br />Quarters commencing in Lease Year 2 <br />Quarters commencing in Lease Year 3 <br />Quarters commencing in Lease Year 4 <br />All amounts paid to Tenant pursuant to this <br />deposited by Tenant in a Special Account to be <br />separate and apart from other funds of Tens <br />Special Account may be expended for only the : <br />(i) <br />To pay Actual Operating Costs of 2 <br />Revenue is not available to Tenant for such payment. <br />(ii) To reimburse Landlord for costs incurred by Landlord in <br />the discharge of its maintenance responsibilities <br />pursuant to Section 10(a) of this Agreement. <br />Each disbursement from the Special Account shall require the <br />approval of both Tenant and Landlord, which approval shall not be <br />unreasonably withheld. Moneys deposited in the Special Account <br />shall remain in said account until expended in accordance with the <br />foregoing. All interest or earnings on investment earned on moneys <br />in the Special Account shall accrue to the Special Account and be <br />subject to the same restrictions on expenditure. <br />(d) Preparation of annual budget. <br />Prior to the commencement of any Lease Year, or within sixty <br />days following such commencement, Tenant shall prepare and approve <br />a budget for that Lease Year, setting forth estimated revenues and <br />expenditures, and shall provide a copy of the approved budget to <br />Landlord. <br />(e) Maintenance Reserve Fund. <br />Within sixty (60) days following the end of any Lease Year in <br />which an Operating Surplus occurs, Tenant shall transmit to <br />Landlord from such Operating Surplus an amount equal to twenty -five <br />percent (25 %) thereof'. Landlord shall retain any and all funds <br />received from Tenant pursuant to this subsection in a separate <br />account entitled the "Maintenance Reserve Fund." Landlord shall <br />make no expenditures from the Maintenance Reserve Fund except <br />expenditures incurred by Landlord in the performance of it <br />maintenance obligations under subsection (a) of Section 10 of this <br />Agreement. Any moneys remaining in the Maintenance Reserve Fund <br />upon the termination of this Lease shall be refunded to Tenant. <br />(f) Use of remainder of Operating Surplus. <br />If an operating Surplus occurs in any Lease Year, that portion <br />13 <br />