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when such amount is due and payable under this Lease until the date paid. If any amount of Rent is paid more than
<br />five (5) days after its due date, then Landlord shall be entitled to a late payment fee of One Hundred Dollars
<br />($100.00) in addition to the interest charge set forth in this Section 5.3.
<br />5.4. Common Expenses.
<br />a. Pro Rata Share. Tenant's "Pro Rata Share" shall be a fraction: (a) the numerator of which is the Floor
<br />Area, as defined in Section 1.1; and (b) the denominator of which is the square footage of all areas
<br />leasable to tenants in the Building. As of the Effective Date, Tenant's Pro Rata Share is 2,844/2,844 or
<br />one hundred percent (100.00 %). Tenant's Pro Rata Share shall be re- calculated from time to time if
<br />either the numerator or the denominator changes.
<br />b. Payment. Tenant shall pay to Landlord as a portion of the Rent its Pro Rata Share of the Common
<br />Expenses, as hereinafter defined (the "CAM Contribution "), which share shall equal the amount of all
<br />Common Expenses, multiplied by Tenant's Pro Rata Share. The obligations of Tenant under this
<br />Section 5.4 shall survive the Termination Date.
<br />c. Common Expenses. "Common Expenses" shall mean all costs and expenses of every kind or nature
<br />paid or incurred by Landlord during the Term in operating, managing and servicing the Building,
<br />including, without limitation: (i) management fees; (ii) wages, salaries and benefits of maintenance
<br />personnel (not to exceed the amount fairly and equitably allocated to the Building); (iii) charges under
<br />maintenance contracts; (iv) costs and expenses to perform or provide maintenance or repairs and to
<br />satisfy Landlord's obligation to operate, maintain and insure the Common Areas under this Lease; (v)
<br />sewer, water and storm water drainage charges attributable to the Common Areas, and the costs to
<br />maintain any retention and detention ponds and other storm water drainage facilities; (vi) premiums for
<br />customary insurance incurred by the Landowner including insurance, if any, obtained by the Landlord
<br />to satisfy an obligation under this Lease; (vii) costs for signage located in the Common Areas,
<br />including, without limitation, costs for light bulbs and electricity, and costs incurred with respect to any
<br />exterior sign for the Building; (viii) costs and expenses to provide light, heat, air conditioning and
<br />ventilation for the Common Areas; and (ix) depreciation or amortization of capital assets,
<br />improvements, repairs or replacements (the "Amortized Capital Costs "). Tenant shall be responsible
<br />for its Pro Rata Share of the Amortized Capital Costs, together with interest if not paid when due,
<br />notwithstanding that the capital asset, improvement, repair or replacement may have been acquired or
<br />made before the Commencement Date. Common Expenses shall not include: (1) any leasing or rental
<br />commissions; (2) any legal fees in connection with financings or refinancings, preparation or
<br />negotiation of leases, or exercising or enforcing Landlord's rights and remedies under leases; (3) any
<br />costs of tenant improvements or build -outs; (4) any penalties or interest assessed against Landlord for
<br />late payment of its indebtedness; or (5) payments of principal or interest required by any financing or
<br />refinancing. Notwithstanding anything to the contrary set forth herein, amounts separately billed to,
<br />and paid directly by, a tenant of the Building shall be deducted in calculating Common Expenses from
<br />the costs and expenses that Landlord incurs to operate the Building.
<br />5.5. RealEstate Tax Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant's Pro Rata
<br />Share of (collectively, the "Tax Expenses "): (a) all real estate taxes and assessments of any nature levied during the
<br />Term on, against, or with respect to the Building (the "Real Estate Taxes "); (b) any and all costs and expenses
<br />incurred by Landlord in connection with an appeal of the Real Estate Taxes; and (c) all Real Estate Taxes levied
<br />during the Term on, against, or with respect to Tenant's leasehold interest in the Premises. The obligations of
<br />Tenant hereunder with respect to the payment of Real Estate Taxes levied during the final year of the Term shall
<br />survive the Termination Date.
<br />5.6. Insurance Expenses. Tenant shall pay to Landlord, as Additional Rent, its Pro Rata Share of any
<br />and all costs incurred by Landlord in connection with the Casualty Insurance, as defined in Section 8.1, and the
<br />Liability Insurance, as defined in Section 8.1, including, but not limited to, all premiums and deductibles paid by
<br />Landlord (collectively, the "Insurance Expenses ").
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