Common use of Tenant’s Proportionate Share of Operating Expenses Clause in Contracts

Tenant’s Proportionate Share of Operating Expenses. The parties recognize that the Sublandlord will not render any services in connection with this Sublease and that pursuant to the Master Lease, the Sublandlord is required to pay Tenant’s Proportionate Share of Operating Expenses which is 52.06% required to be paid under the Master Lease. The parties hereby agree that in addition to the Base Rent, on the Commencement Date and on the first day of each month during the Term of this Lease (except for February, 2020 where such payment shall be prorated based on a 28 day month), the Subtenant shall pay to Sublandlord an amount equal to the Tenant’s Proportionate Share of Operating Expenses required to be paid by Sublandlord under the Master Lease. To the extent of any adjustments between Landlord and the Sublandlord with respect to the payment of Tenant’s Proportionate Share of Operating Expenses, the Subtenant shall be promptly responsible for any such increase or adjustment. Upon Sublandlord obtaining knowledge as to the amount of such Tenant’s Proportionate Share of Operating Expenses from time to time, the Sublandlord shall notify Subtenant of such amount and Subtenant shall pay such adjusted sums within thirty (30) days of such notice and thereafter until notified of further adjustments. The Tenant’s Proportionate Share of Operating Expenses presently in effect is presently estimated as $3.89 per square foot for 2018. In addition to such payment, the Subtenant shall be liable for paying all expenses to maintain and operate the Premises, including trash removal and utilities in connection with the Premises. To the extent permitted under the Master ▇▇▇▇▇, the Sublandlord agrees to cooperate with Subtenant to enable the Subtenant to have the right to audit the Tenant’s Proportionate Share of Operating Expenses permitted under the Master Lease.

Tenant’s Proportionate Share of Operating Expenses. The parties recognize that the Sublandlord will not render any services in connection with this Sublease and that pursuant to the Master Lease, the Sublandlord is required to pay Tenant’s Proportionate Share of Operating Expenses which is 52.0627.17% required to be paid under the Master Lease. The parties hereby agree that in addition to the Base Rent, on the Commencement Date and on the first day of each month during the Term of this Lease (except for February, 2020 where such payment shall be prorated based on a 28 day month), the Subtenant shall pay to Sublandlord an amount equal to the Tenant’s Proportionate Share of Operating Expenses required to be paid by Sublandlord under the Master Lease. To the extent of any adjustments between Landlord and the Sublandlord with respect to the payment of Tenant’s Proportionate Share of Operating Expenses, the Subtenant shall be promptly responsible for any such increase or adjustment. Upon Sublandlord obtaining knowledge as to the amount of such Tenant▇▇▇▇▇▇’s Proportionate Share of Operating Expenses from time to time, the Sublandlord shall notify Subtenant of such amount and Subtenant shall pay such adjusted sums within thirty (30) days of such notice and thereafter until notified of further adjustments. The Tenant’s Proportionate Share of Operating Expenses presently in effect is presently estimated as $3.89 per square foot for 2018. In addition to such payment, the Subtenant shall be liable for paying all expenses to maintain and operate the Premises, including trash removal and utilities in connection with the Premises. To the extent permitted under the Master ▇▇▇▇▇, the Sublandlord agrees to cooperate with Subtenant to enable the Subtenant to have the right to audit the Tenant’s Proportionate Share of Operating Expenses permitted under the Master Lease.

Tenant’s Proportionate Share of Operating Expenses. The parties recognize that (a) Landlord hereby agrees to credit for the Sublandlord will not render any services in connection with this Sublease and that pursuant to account of Tenant against the Master next payments of Rent due under the Lease, the Sublandlord is required to pay amount of $245,104.00 (the “Rent Credit”), as a full and complete settlement of Tenant’s claims that it overpaid Tenant’s Proportionate Share of Operating Expenses which for Calendar Year 2003. Such agreement by Landlord is 52.06% required not intended to be, and shall not be paid under the Master Lease. The parties hereby agree construed as being, an admission that in addition to the Base Rent, on the Commencement Date and on the first day of each month during the Term of this Lease (except Landlord overcharged Tenant for February, 2020 where such payment shall be prorated based on a 28 day month), the Subtenant shall pay to Sublandlord an amount equal to the Tenant’s Proportionate Share of Operating Expenses required for Calendar Year 2003 or any other Calendar Year. (b) Tenant, for itself, and for its successors and assigns, in consideration of the Rent Credit and Landlord’s other agreements in this Section 6, hereby waives its right to be paid by Sublandlord under dispute the Master Lease. To the extent accuracy of any adjustments between Landlord and the Sublandlord with respect to the payment of Tenant’s Proportionate Share of Operating Expenses, the Subtenant shall be promptly responsible for any such increase or adjustment. Upon Sublandlord obtaining knowledge as to the amount of such payments made by Tenant toward Tenant’s Proportionate Share of Operating Expenses from time for any period prior to timeJanuary 1, the Sublandlord shall notify Subtenant 2004, including, without limitation, any claim against Landlord as a result of such amount and Subtenant shall pay such adjusted sums within thirty (30) days alleged overcharges of such notice and thereafter until notified of further adjustments. The Tenant’s Proportionate Share share of 2003 Operating Expenses presently in effect is presently estimated as $3.89 per square foot for 2018. In addition to such payment, the Subtenant shall be liable for paying all expenses to maintain and operate the Premises, including trash removal and utilities identified in connection with the Premises. To audit of Landlord’s Operating Expenses for the extent permitted under the Master Calendar Year 2003 conducted by Tenant’s agent, The ▇▇▇▇▇▇ ▇▇▇▇▇▇ Group, as set forth in detail in that certain letter from The ▇▇▇▇▇▇ ▇▇▇▇▇▇ Group dated September 28, 2004 addressed to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, General Manager of MB Real Estate, which is attached to and made a part of this Agreement as Exhibit E (the Sublandlord agrees to cooperate with Subtenant to enable “Audit”). Landlord and Tenant agree that the Subtenant to have the right to audit the Tenant’s Proportionate Share calculation shown on Exhibit F is an accurate “gross up” of Operating Expenses permitted for 2003. (c) Effective as of January 1, 2004, and continuing for the remainder of the Term of the Lease, Operating Expenses under the Master LeaseLease shall be “grossed up” in accordance with the example shown on Exhibit G attached hereto. (d) Tenant shall keep the terms of this Section 6 and the Audit confidential and shall not disclose such terms or the Audit to any other party, except for Tenant’s employees and professional advisors who have a business need to know of such terms or the Audit, and Tenant shall cause its employees and professional advisors to keep such terms and the Audit confidential and to not disclose them to others.