|
<br />06/12l4/03
<br />
<br />11:51
<br />
<br />AMSCOT FINANCIAL CORPORATE ~ 83139291907
<br />
<br />NO, 007
<br />
<br />Gl07
<br />
<br />~
<br />
<br />assessed or charged on or with respect to Landlord or the Demised Premises or the Center by any
<br />Governmental Authority or under any Law or Recorded Agreement; and
<br />
<br />(b) All other charges, imposts or burdens of whatsoever kind and nature, whether or
<br />not particularized by name and whether general or special, ordinary or extraordinary, foreseen or
<br />unforeseen, which at any time during the Term may be created, levied, assessed, imposed or
<br />charged upon or with respect to the Demised Premises, the Center, or any improvements made
<br />thereto, or on any part of the foregoing or any appurtenances thereto, or directly upon this Lease
<br />or the Rent, or amounts 'payable by any subtenant or other occupants of the Demised Premises or
<br />the Center, or upon or with respect to the leasing, operation, use or occupancy of the Demised
<br />Premises or the Center, or upon this transaction or an.y documents to which Tenant is a pany or
<br />successor in interest, or again.st Landlord because of Landlord's estate or interest herein, by any
<br />Governmental Authority, or Wlder any Law, including, among olhers, all special tax bills and
<br />general, special or other assessments and liens or charges made on local or general
<br />improvements or under any governmental or public power or authority whatsoever, and transit
<br />ta.xes, taxes based upon the receipt of Rent including gross receipts or sales taxes applicable to
<br />the receipt of Rent, and personal property taxes imposed upon the fixtures, machinery,
<br />equipment, apparatus, furniture and other personal property used in connection with the Demised
<br />Premi.ses and/or the Center. The term "Taxes" shall not include any net income or excess profits
<br />taxes assessed aga,inst Landlord, or any corporation capital stock and franchise taxes imposed
<br />upon Landlord; provided, however, that, iJ at any time prior to the expiration of the Tenn, any
<br />net income tax, assessment, levy or charge shall be imposed upon Landlord or the Demised
<br />Premises or the Center in lieu of, in place of, or in addition to any other tax or other charge
<br />included in the definition of Taxes set forth above, and shall be measured by or based upon net
<br />income or pr.ofits derived from real estate (as distinguished from net income or profits generally),
<br />then such new tax, assessment, levy or charge shall be included in "Taxes" to the extent that such
<br />new tax, assessment, levy or charge would be payable if the Center were the only property of
<br />Landlord subject thereto and the income and profits received by Landlord from the Center were
<br />the only income and profits of Landlord. Notwithstanding the above, the term "Taxes" shall n.ot
<br />include any assessments paid pursuant to Recorded Agreements that are for the benefit of
<br />Landlord or any su.bsidiary, parent or affiliate of Landlord.
<br />
<br />"Tenant's Pro Rata Share" shall mean a fraction, the numerator ofwhlch shall be the
<br />number of square feet of floor area in the Demised Premises, and the denominator of which shall
<br />be the number of square feet of leasable floor area in all buildings in the Center.
<br />
<br />"Tenant's Pro Rata Share of Common Area Maintenance Expenses" for each Calendar
<br />Year shall be equal to th.e total amount of the Common Area Maintenance Expenses for such
<br />Calendar Year multiplied by Tenant's Pro Rata Share.
<br />
<br />"Tenant's Pro Rata Share of Insurance" for each Calendar Year shall be equal to the total
<br />amount of the Cost of Insurance on the Center for such Calendar Year multiplied by Ten~t's Pro
<br />Rata Share.
<br />
<br />"Tenant's Pro Rata Share ofTaxes"Jor each Calendar Year shall be equal to the total
<br />amount of Taxes for such Calendar Year multiplied by the Tenant's Pro Rata Share.
<br />
<br />I"\O;:(,,'QI~h'" ~/"It{)n<;I,?nn,,~
<br />
<br />- 6 -
<br />
|