Common use of Additional Rent and Other Charges Clause in Contracts

Additional Rent and Other Charges. (a) From and after the 1580 Premises Rent Commencement Date, Tenant shall also pay at the times and in the manner provided in this subparagraph (a) and Exhibit "B" attached to the First Amendment, Tenant's Proportionate Share of Total Operating Expenses for the 1580 Premises in accordance with the following: (i) Tenant's Proportionate Share of Total Operating Expenses for the 1580 Premises shall be forty-two and nine-tenths percent (42.9%) (i.e., the Rentable Area of the 1580 Premises/the Rentable Area of the 1580 Building). (ii) Notwithstanding anything to the contrary in Exhibit "B" to the First Amendment, Tenant's Total Operating Expenses for each full year or partial lease year during the initial stated term of the Lease (i.e., through and including August 31, 2001) shall be $0.265 per square foot per month (which amount is not included in the Monthly Basic Rent for the 1580 Premises) and shall be paid at the times and in the manner provided in Exhibit "B" to the First Amendment. Actual Total Operating Expenses for the year immediately preceding any extended or additional term shall be determined and used as the basis for adjustments for future years as described in Section 4 of Exhibit "B" to the First Amendment. (iii) With respect to each full or partial lease year during the initial stated term, Tenant shall pay the amount set forth in clause (ii) above. With respect to each full or partial lease year during any extended or additional term, Tenant shall pay an amount equal to Tenant's Proportionate Share of Landlord's estimate of Total Operating Expenses for such full year or partial lease year. Thereafter, at the end of each lease year during any such extended or additional term, an adjustment shall be made by Landlord, and Tenant shall pay such amount or receive a credit of such amount as is necessary to adjust Tenant's payments to Tenant's actual Proportionate Share of Total Operating Expenses for such lease year during any such extended or additional term. Such payments and adjustments shall be made as provided in Exhibit "B" to the First Amendment. "Total Operating Expenses" and "Tenant's Proportionate Share" are each defined in Exhibit "B" to the First Amendment.

Additional Rent and Other Charges. (a) From and after the 1580 New Premises Rent Commencement Date, Tenant shall also pay at the times and in the manner provided in this subparagraph (a) and Exhibit "B" attached to the First Amendmenthereto, Tenant's Proportionate Share of Total Operating Expenses for the 1580 New Premises in accordance with the following: (i) Tenant's Proportionate Share of Total Operating Expenses for the 1580 New Premises shall be fortyfifty-two and nine-tenths nine percent (42.959%) (i.e., the Rentable Area of the 1580 New Premises/the Rentable Area of the 1580 New Building). (ii) Notwithstanding anything to the contrary in Exhibit "B," to the First Amendment, Tenant's Total Operating Expenses for each full year or partial lease year during the initial stated term of the Lease (i.e., through and including August 31, 2001) shall be $0.265 per square foot per month (which amount is not included in the Monthly Basic Rent for the 1580 New Premises) and shall be paid at the times and in the manner provided in Exhibit "BB." to the First Amendment. Actual Total Operating Expenses for the year immediately preceding any extended or additional term shall be determined and used as the basis for adjustments for future years as described in Section 4 of Exhibit "B" to the First Amendment.B." (iii) With respect to each full or partial lease year during the initial stated term, Tenant shall pay the amount set forth in clause (ii) above. With respect to each full or partial lease year during any extended or additional term, Tenant shall pay an amount equal to Tenant's Proportionate Share of Landlord's estimate of Total Operating Expenses for such full year or partial lease year. Thereafter, at the end of each lease year during any such extended or additional term, an adjustment shall be made by Landlord, and Tenant shall pay such amount or receive a credit of such amount as is necessary to adjust Tenant's payments to Tenant's actual Proportionate Share of Total Operating Expenses for such lease year during any such extended or additional term. Such payments and adjustments shall be made as provided in Exhibit "B" to the First Amendment. B. "Total Operating Expenses" and "Tenant's Proportionate Share" are each defined in Exhibit "B" to the First Amendment.B."

Additional Rent and Other Charges. (a) From All amounts payable by Subtenant to Sublandlord pursuant to this Sublease, including, without limitation, any and all expenses, reimbursements, interest payments, fees, penalties, additional rent, or other charges of every nature whatsoever required by the terms hereof, shall be deemed and constitute "Additional Rent" and, in the event of any non-payment thereof, Sublandlord shall have all of the rights and remedies provided herein, in the Prime Lease or in law or at equity for non-payment of Base Rent. (b) Subtenant's obligation to pay Additional Rent hereunder shall be on account of the period from and after the 1580 Premises Rent Commencement DateDate and shall survive the Expiration Date or sooner termination of the Term. Payment of all Additional Rent shall, Tenant shall also pay at the times and in the manner provided unless otherwise specifically set forth in this subparagraph (a) and Exhibit "B" attached Sublease, be paid by the Subtenant to the First Amendment, Tenant's Proportionate Share Sublandlord within ten (10) days after request therefor. All payments of Total Operating Expenses for the 1580 Premises in accordance with the following: (i) Tenant's Proportionate Share of Total Operating Expenses for the 1580 Premises shall be forty-two and nine-tenths percent (42.9%) (i.e., the Rentable Area of the 1580 Premises/the Rentable Area of the 1580 Building). (ii) Notwithstanding anything to the contrary in Exhibit "B" to the First Amendment, Tenant's Total Operating Expenses for each full year or partial lease year during the initial stated term of the Lease (i.e., through and including August 31, 2001) shall be $0.265 per square foot per month (which amount is not included in the Monthly Basic Additional Rent for the 1580 Premises) and shall be paid at the times and in office of the manner provided in Exhibit "B" to the First Amendment. Actual Total Operating Expenses for the year immediately preceding Sublandlord, or such other place as Sublandlord may designate, without any extended setoff or additional term shall be determined and used as the basis for adjustments for future years as described in Section 4 deduction or diminution of Exhibit "B" to the First Amendmentany kind whatsoever. (iiic) With Subtenant shall pay Sublandlord, as Additional Rent, with respect to each full Lease Year, or partial lease year during portion thereof, included in the initial stated termTerm, Tenant Subtenant's pro rata share of the Real Estate Taxes (as finally determined after deducting any abatements, refunds, or rebates net of any costs, expenses, and charges including reasonable consulting, accounting and attorneys fees) applicable to the Prime Lease Premises. Subtenant's pro rata share shall pay the amount set forth in clause (ii) above. With respect to each full or partial lease year during any extended or additional term, Tenant shall pay be an amount equal to Tenantthat portion of the Real Estate Taxes that the floor area of the Subleased Premises bears to the floor area of the Building. (d) Subtenant shall pay Sublandlord, as Additional Rent, with respect to each Lease Year, or portion thereof, included in the Term, Subtenant's Proportionate Share pro rata share of Landlordthe costs of the services, maintenance, and repairs being provided by the Sublandlord, pursuant to the terms and provisions of this Sublease, specifically including but not limited to those services being provided pursuant to Section 5, and Section 36(a) of this Sublease, to the Subtenant and the Subleased Premises and with respect to the Building or portions thereof (hereinafter collectively referred to as the "Operating Costs"). Operating Costs shall also include insurance costs in connection with insurance required to be carried by the Sublandlord pursuant to this Sublease. Subtenant's pro rata share of the Operating Costs shall be an amount equal to that portion of the Operating Costs that the floor area of the Subleased Premises bears to the floor area of the Building. (e) Sublandlord shall reasonably estimate Subtenant's annual proportionate share of Total Real Estate Taxes and Operating Expenses Costs and other Additional Rent (where applicable), which estimate may be changed by Sublandlord not more than once annually, and Subtenant shall pay to Sublandlord 1/12th of the amount so estimated on the first day of each calendar month in advance, coincidentally with Subtenant's payment of Base Rent. Until Sublandlord shall have delivered a revised estimate to Subtenant, Subtenant shall continue to pay its proportionate share of Additional Rent at the same rate as Subtenant was then paying (i.e. Subtenant shall continue to make the same monthly installment until a revised estimate is delivered). After Sublandlord delivers a revised estimate, Subtenant shall pay to Sublandlord any shortfall between the estimated monthly payments, as revised, and actual payments made to date for such full the calendar year or partial lease yearin question. ThereafterIf the Commencement Date is not the first day of a month, at the Additional Rent for the period commencing on the Commencement Date and ending on the last day of the month in which the Commencement Date occurs shall be apportioned on the basis of the number of days in said month and shall be paid on the first day of the month following the Commencement Date. Within one hundred and twenty (120) days after the end of each lease calendar year during and within one hundred and twenty (120) days after the end of the Term, Sublandlord shall submit to Subtenant a statement in reasonable detail stating Subtenant's proportionate share of the Additional Rent for such calendar year, or partial calendar year in the event the Term shall end on a date other than a December 31st, as the case may be, and stating the total Additional Rent for the period in question and the figures used for computing Subtenant's proportionate share. If Tenant's proportionate share so stated for such period is more or less than the amount paid for such period, Subtenant shall pay to Sublandlord the deficiency within 30 days after submission of such statement of Subtenant's proportionate share, or Sublandlord shall, refund the excess to Subtenant within 30 days after submission of such statement of Subtenant's proportionate share. Subtenant's and Sublandlord's obligation to make any such extended or additional term, an adjustment payment due pursuant to the provision(s) of this Section shall survive the expiration of the Lease. (f) Subtenant shall pay for the following services directly to the provider of same and shall be made by Landlordresponsible for all deposits, payments, fines, penalties and other charges and expenses of every nature and kind whatsoever, with respect thereto: telephone, telecommunications, satellite, electronic and all other manner of communication, security service. (g) Notwithstanding anything contained in this Sublease to the contrary, Subtenant shall pay Sublandlord an "After Hours Charge", as Additional Rent, in the amount of Twenty Dollars ($20.00) per hour with respect to: (i) each and every hour between the hours of 7:00 p.m. and 7:00 a.m. from Monday through Friday, and Tenant (ii) each and every hour during Saturdays and Sundays, when the Building is required to be open, and the heating ventilation and air conditioning (sometimes referred to as "HVAC") and electricity is to be functioning and available, for the use of the Subtenant, including but not limited to its agents, representatives and/or any person employed by, working for, or occupant of the Subtenant. (h) Notwithstanding anything contained in this Sublease to the contrary, Subtenant shall pay such Sublandlord for the costs in connection with providing any extraordinary amount of HVAC, electrical service or receive any other service, in connection with the use of Subleased Premises. "Extraordinary" for the purposes of this section shall be deemed to be the providing of an amount of a credit particular service(s), which is in excess of the amount of such amount as is necessary service(s) generally required with respect to adjust Tenant's payments to Tenant's actual Proportionate Share a majority of Total Operating Expenses other users of space within the Building for such lease year during any such extended or additional term. Such payments and adjustments shall be made as provided in Exhibit "B" to the First Amendment. "Total Operating Expenses" and "Tenant's Proportionate Share" are each defined in Exhibit "B" to the First Amendmentoffice purposes.