eTrade 2000 Annual Report Download - page 123

ownership, operation, repair and/or maintenance of the Phase and (iii) Tenant’ s Project Percentage Share of all Operating Expenses
attributable to the ownership, operation, repair and/or maintenance of the Project, each as determined by Landlord. Landlord shall not
collect any Operating Expense from Tenant more than once.
7.2. Definition of Operating Expenses. The term “Operating Expenses” shall include all expenses and costs of every kind and
nature which Landlord shall pay or become obligated to pay because of or in connection with the ownership, operation, repair and/or
maintenance of the Building, Phase and/or Project, the surrounding property, and the supporting facilities, including, without
limitation, (i) premiums for insurance maintained by Landlord pursuant to this Lease and all costs incidental thereto, (ii) wages,
salaries and related expenses and benefits of all employees engaged in operation, maintenance and security of the Building, Phase
and/or Project; (iii) costs for all supplies, materials and rental equipment used in the operation of the Building, Phase and/or Project;
(iv) all maintenance, janitorial, security and service costs; (v) all management fees ; (vi) legal and accounting expenses, including t he
cost of audits; (vii) costs for repairs, replacements, uninsured damage or deductibles on property insurance, and general maintenance
of the Building, Phase and Project, including service areas, elevators, mechanical rooms, exterior surfaces and all component parts
thereof (but excluding any repairs or replacements paid for out of insurance proceeds or by other parties and alterations attributable
solely to tenants of the Building other than Tenant); (viii) the cost of any capital improvements made to the Building, Phase or Project,
amortized over such reasonable period as Landlord shall determine, together with interest upon the unamortized balance at the or such
other higher rate as may have been paid by Landlord on funds borrowed for the purpose of constructing the capital improvements;
(ix)all charges for heat, water, gas, electricity, sewer, air conditioning, emergency telephone service, trash removal and other utilities
used or supplied to the Building, Phase and/or Project (and not separately meter ed and billed to individual tenants); and (x) all
business license, permit and inspection fees.
7.3. Prorated Expenses. Any Operating Expenses attributable to a period which falls only partially within the Term shall be prorated
between Landlord and Tenant so that Tenant shall pay only that proportion thereof attributable to the period that falls within the Term.
7.4. Payment at End of Term. Any amount payable by Tenant which would not otherwise be due until after the termination of this
Lease, shall, if the exact amount is uncertain at the time that this Lease terminates, be paid by Tenant to Landlord upon such
termination in an amount to be estimated by Landlord with an adjustment to be made once the exact amount is known.
7.5. Estimates of Tenant’s Share of Operating Expense. Prior to the commencement of each calendar year during the Term, or as
soon thereafter as is reasonably practicable, Landlord shall notify Tenant in writing of Landlord’ s estimate of the amount of Operating
Expenses which will be payable by Tenant for the ensuing calendar year. On or before the first day of each month during the ensuing
calendar year Tenant shall pay to Landlord, in advance, one-twelfth (1/12) of the estimated amount; provided however, if Landlord
fails to notify Tenant of the estimated amount of Tenant’ s share of Operating Expenses for the ensuing calendar year prior to the end
of the current calendar year, Tenant shall be required to continue to pay to Landlord each month in advance Tenant’ s estimated share
of Operating Expenses on the basis of the amount due for the immediately prior month until ten (10) days after Landlord not ifies
Tenant of the estimated amount of Tenant’ s share of Operating Expenses for the ensuing calendar year. If at any time it appears to
Landlord that Tenant’ s share of Operating Expenses payable for the current calendar year will vary from Landlord’ s estimate,
Landlord may give notice to Tenant of Landlord’ s revised estimate for the calendar year, and subsequent payments by Tenant for the
calendar year shall be based on the revised estimate.
7.6. Annual Adjustment. Within one hundred twenty (120) days after the close of each calendar year during the Term, or as soon
after the one hundred twenty (120) day period as practicable, Landlord shall deliver to Tenant a statement of the adjustment to the
Operating Expenses for the prior calendar year. If, on the basis of the statement, Tenant owes an amount that is less than the estimated
payments for the prior calendar year previously made by Tenant, Landlord shall apply the excess to the next payment of Operating
Expenses due. If, on the basis of the statement, Tenant owes an amount that is more than the amount of estimated payments made by
the Tenant for
the prior calendar year, Tenant shall pay the deficiency to Landlord within thirty (30) days after delivery of the statement. The year end
statement shall be binding upon Tenant unless Tenant notifies Landlord in writing of any objection thereto within ninety (90) days
after Tenant’ s receipt of the year end statement. In addition, if, after the end of any calendar year or any annual adjustment of
Operating Expenses for a calendar year, Operating Expenses are incurred or billed to Landlord that are attributable to any period
within the Term (e.g., sewer district flow fees), Landlord shall notify Tenant of its share of such additional Operating Expenses and
Tenant shall pay such amount to Landlord within ten (10) days after Landlord’ s written request therefor.
7.7. Less Than Full Occupancy. In the event the Building, Phase or Project are not fully occupied during any year of the Term, an
adjustment shall be made in computing Operating Expenses for such year so that the same shall be computed for such year as though
the Building, Phase and Project had been fully occupied during such year.
7.8. Special Services.
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