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maintenance or repairs and to satisfy Landlord's obligation to operate, maintain and insure the
<br />Common Areas under this Lease; (v) sewer, water and storm water drainage charges attributable to the
<br />Common Areas, and the costs to maintain any retention and detention ponds and other storm water
<br />drainage facilities; (vi) premiums for customary insurance incurred by the Landowner including
<br />insurance, if any, obtained by the Landlord to satisfy an obligation under this Lease; (vii) costs for
<br />signage located in the Common Areas, including, without limitation, costs for light bulbs and
<br />electricity, and costs incurred with respect to any exterior sign for the Building; (viii) costs and
<br />expenses to provide light, heat, air conditioning and ventilation for the Common Areas; and (ix)
<br />depreciation or amortization of capital assets, improvements, repairs or replacements (the "Amortized
<br />Capital Costs "). Tenant shall be responsible for its Pro Rata Share of the Amortized Capital Costs,
<br />together with interest if not paid when due, notwithstanding that the capital asset, improvement, repair
<br />or replacement may have been acquired or made before the Commencement Date. Common Expenses
<br />shall not include: (1) any leasing or rental commissions; (2) any legal fees in connection with
<br />financings or refinancings, preparation or negotiation of leases, or exercising or enforcing Landlord's
<br />rights and remedies under leases; (3) any costs of tenant improvements or build -outs; (4) any penalties
<br />or interest assessed against Landlord for late payment of its indebtedness; or (5) payments of principal
<br />or interest required by any financing or refinancing. Notwithstanding anything to the contrary set forth
<br />herein, amounts separately billed to, and paid directly by, a tenant of the Building shall be deducted in
<br />calculating Common Expenses from the costs and expenses that Landlord incurs to operate the
<br />Building. Common Expenses, including Real Estate Tax Expenses and Insurance Expenses are
<br />currently estimated to be four dollars and 32/100 ($4.32) per square foot per year. Any increase in the
<br />Tenant's Pro Rata Share of CAM expenses shall be based on the actual increase incurred by landlord,
<br />not to exceed five percent (5 %) of the CAM expenses for the prior year.
<br />5.5. Real Estate Tax Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant's Pro Rata
<br />Share of (collectively, the "Tax Expenses ")Estimated cost is $1.21 /SF per year: (a) all real estate taxes and
<br />assessments of any nature levied during the Term on, against, or with respect to the Building (the "Real Estate
<br />Taxes "); (b) any and all costs and expenses incurred by Landlord in connection with an appeal of the Real Estate
<br />Taxes; and (c) all Real Estate Taxes levied during the Term on, against, or with respect to Tenant's leasehold interest
<br />in the Premises. The obligations of Tenant hereunder with respect to the payment of Real Estate Taxes levied during
<br />the final year of the Term shall 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 "). Insurance Expenses included in CAM estimate.
<br />5.7. Percentaee Rent. Intentionally Omitted.
<br />(a) Definition of Gross Sales. Intentionally Omitted.
<br />5.8 Estimation.
<br />a-. Estimation. From time to time, Landlord may estimate (or re- estimate) the amount of the Tax
<br />Expenses, Insurance Expenses, and/or CAM Contributions (collectively, the "Center Expenses ")
<br />payable by Tenant for any whole or partial calendar year during the Term. Tenant shall pay, as
<br />Additional Rent, equal monthly installments of its Pro Rata Share of the estimated Center Expenses
<br />during such whole or partial calendar year, subject to the limitation set forth in Section 5.4(c).
<br />b. Statement. Within ninety (90) days after the end of each whole or partial calendar year during the
<br />Term, Landlord shall deliver to Tenant a written statement that shows the computation of the actual
<br />Center Expenses payable by Tenant with respect to such whole or partial calendar year. If the total of
<br />the Center Expenses paid by Tenant for such whole or partial calendar year is more than the actual
<br />Center Expenses payable by Tenant with respect to such whole or partial calendar year, then Landlord
<br />shall credit the excess: first, against any outstanding Rent due from Tenant; and second, against future
<br />Center Expenses, to be paid by Tenant; provided that, if there are no future Center Expenses to be paid
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