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s ' deemed to be rent("Rent"). 4.2 Common Area Operating Expenses. Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share las specified in Paragraph 1.6) of all Common Area Operating Expenses. as hereinafter defl during each calendar year of the term of lhis Lease,in accordance with the following provisions: (a) "Common Area Operating Expenses" are defined.for purposes of this Lease, as all costs incurred by Lessor relating to the ownership and operation of the Project, including, but not limiters to,the following'. .i (i) The operation, repair and maintenance, in neat, clean, good order and condition , and if necessary the replacement,of the following: (aa) The Common Areas and Common Area improvements, including parking areas, loading and unloading areas, trash areas. roadways, parkways, walkways, driveways, landscaped areas, burnpers, irrigation systems, Common Area lighting facilities,fences and gates, elevators, roofs.exterior walls of the buildings,building systems and roof drainage systems. (bb) Exterior signs and any tenant directories. (cc) Any fire sprinkler systems- ' (dd) Ail other areas and improvements that are within the exterior boundaries of the Project but outside of the Premises andlor any other space occupied by a tenant. (ii) The cost of water, gas, electricity and telephone to service the Common Areas and any utilities not separately metered. i� (iii) The cost of trash disposal. pest control services. property management. security services.owners'association dues and fees, the cost to repaint the exterior of any structures and the cost of any environmental inspections, (iv) Reserves set aside for maintenance, repair and/or replacement of Common Area improvements and equipment, (v) Real Property Taxes(as defined in Paragraph 10). (vi) The cost of the premiums for the insurance maintained by Lessor pursuant to Paragraph 8. (vii) Any deductible portion of an insured loss concerning the Building or the Common Areas. (viii} Auditors',accountants'and attorneys'fees and costs related to the operation. maintenance, repair and replacement of the Project. (i x} The cost of any capital improvement to the Building or the Project not covered under the provisions of Paragraph 2.3 provided; however, that Lessor shall allocate the cost of any such capital improvement over a 12 year period and Lessee shall not be required to pay more than Lessee's Share of 11144th of the cost of such capital improvement in any given month. (x) The cost of any other services to be provided by Lessor that are slated elsewhere In this Lease to be a Common Area Operating Expense. (b) Any Common Area Operating Expenses and Real Property Taxes that are specifically altributable to the.Unit. the Building or 10 any other building in the Project or to the operation, repair and maintenance thereof, shall be allocated entirely to such Unit. Building, or other building. However, any Common Area Operating Expenses and Real Property Taxes that are not specifically attributable 10 the Building or to any other building or to the operation, repair and maintenance(hereof, shall be equitably allocated by Lessor to all buildings in the Project, (c) The inclusion of the improvements,facilities and services set forth in Subparagraph 4-2(a)shall not be deemed to impose an obligation upon Lessor to either have said improvements or facilities or to provide those services unless the Project already has the same. Lessor already provides the services.or Lessor has agreed elsewhere in this Lease to provide the same or some of them. (d) Lessee's Share of Common Area Operating Expenses is payable monthly on the same day as the Base Rent is due hereunder. The amount of such payments shall be based on Lessor's estimate of the annual Common Area Operating Expenses. Within 60 days after written request (but not more than once each year) Lessor shalt deliver to Lessee a reasonably detailed statement showing Lessee's Share of the actual Common Area Operating Expenses for the preceding year. If Lessee's payments during such year exceed Lessee's Share. Lessor shall credit the amount cf such over-payment against Lessee's future payments. If Lessee's payments during such year were less than Lessee's Share. Lessee shall pay to Lessor the amount of the deficiency within 10 days after delivery by Lessor to Lessee of the statement. (e) Common Area Operating Expenses shall not include any expenses paid by any tenant directly to third parties, or as to which Lessor is otherwise reimbursed by any third party,other tenant,or insurance proceeds, 4.3 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States, without offset or deduction(except as specifically permitted in this Lease), on or before the day on which it is due.All monetary amounts shall be rounded to the nearest whole dollar. In the event that any invoice prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amount set forth in this Lease. Rent for any period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual number of days of said month. Payment of Rent shall be made to Lessor at its address stated herein or to such other persons or place as Lessor may from time to time designate in writing. Acceptance of a payment which is less than the amount then due shall not be a waiver of Lessor's rights to the balance of such Rent, regardless of Lessor's endorsement of any check so stating. In the event that any check, draft, or other in t ent of payment given by Lessee to Lessor is dishonored for any reason, Lessee agrees to pay to Lessor the sum of$25 in addition to any Late PAGE 5 OF 23 t% u I r INITIALS INITIALS 01999-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM MTN-14-2113E iL _ _