PL PACKET 11202001 - Laserfiche WebLink

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governmental or quasi-governmental authority having jurisdiction; provided, any such amortization or S depreciation shall be calculated based on the useful life of such improvement and shall utilize a rate of interest that is not in excess of two percent over the prime rate of interest publicly announced by First Bank National Association as being available to its best corporate customers as of the date of the completion of such improvements or installation. Notwithstanding the foregoing,"Operating Costs"shall not include the following:(i)costs of alterations of tenants'premises;(ii)costs of capital improvements and costs of curing construction defects that are not specifically permitted in the foregoing definition of Operating Costs; (iii) interest and principal payments on mortgages, and other debt costs; (iv) real estate brokers' leasing commissions;(v)attorneys'fees incurred by Landlord in negotiation and enforcement of other leases for the Property; and (vi) any cost or expenditure (or portion thereof) for which Landlord is reimbursed, whether by insurance proceeds or otherwise. (a) Calculation of Proportionate Share. For purposes hereof, Tenant's Proportionate Share shall be equal to the quotient of a fraction,the numerator of which is the total leasable square feet in the Premises, and the denominator,of which is the total number of leasable square feet in the Property. Promptly after the Commencement Date and during December of each year or as soon thereafter as practicable, Landlord shall give Tenant written notice of its reasonable estimate of Tenant's Proportionate Share of Operating Costs for the ensuing calendar year.On or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent one-twelfth(1/12th)of such estimated amounts,provided that if such notice is not given in December.Tenant shall continue to pay on the basis of the prior year's estimate until the first day of the month after the month in which such notice is given. If at any time it reasonably appears to Landlord that the actual amount of • Tenant's Proportionate Share of Operating Costs for the then current calendar year will vary from Landlord's estimate by more than five percent(5%),Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate.Within ninety (90) days after the close of each calendar year or as soon thereafter as practicable,Landlord shall deliver to Tenant a summary of the total Operating Costs for the previous calendar year and Tenant's Proportionate Share thereof. If such summary shows an amount due from Tenant that is less than the estimated payments • previously paid by Tenant, the amount of such excess shall be applied as a credit against the installment payments of Tenant's Proportionate Share of Operating Costs that next become due. If such summary shows an amount due from Tenant that is more than the estimated payments previously paid by Tenant. Tenant shall pay the deficiency to Landlord, as additional rent, within thirty (30) days after delivery of the summary. (b) Books and Records. Tenant shall have the right to examine Landlord's books and records of Operating Costs during normal business hours within sixty (60) days following the furnishing of the summary to Tenant. Unless Tenant takes written exception to any item within sixty (60) days following the furnishing of the summary to Tenant(which item shall be paid in any event),such summary shall be deemed final and accepted by Tenant.If Landlord,in its sole discretion,selects the accrual accounting method rather than the cash accounting method for some operating expense purposes, such Operating Costs shall be deemed to have been • paid when such expenses have accrued. 8