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from the presence of hazardous materials or substances in.on.or under or about the Premises. The annual
<br /> report shall be made available to Tenant for inspection during normal business hours.
<br /> • C. Tenant's "Proportionate Share". For purposes of this Article, Tenant's "Proportionate Share" shall
<br /> be equal to a percentage obtained by multiplying 100 by a fraction, the numerator of which shall be the
<br /> number of square feet of the Premises,and the denominator shall be the total number of rentable square feet
<br /> located upon the Subject Parcel for occupancy by tenants,such designated area being called in this Article the
<br /> "Rentable Area". Changes in Rentable Area or the square footage of the Premises shall, for purposes of
<br /> determining Tenant's Proportionate Share under this Article, be effective on the first day of the month
<br /> coincident with or immediately following such change, and the square footage of the Premises and Rentable
<br /> Area,respectively,in effect for the whole of any accounting period shall be the average of such square footage
<br /> of the Premises and the Rentable Area, respectively,in effect on the first day of each calendar month of such
<br /> accounting period.
<br /> D. Payment of Operating Costs. Tenant shall pay to Landlord during the Term of this Lease Tenant's
<br /> Proportionate Share of the costs and expenses of maintaining and operating the Common Areas. Tenant's
<br /> Proportionate Share thereof shall be paid by Tenant in monthly installments on the first day of each calendar
<br /> month,in advance,in an amount estimated by Landlord from time to time. Within ninety(90) days after the
<br /> end of each calendar year, Landlord shall furnish Tenant with a statement of the actual amount of Tenant's
<br /> Proportionate Share of such costs and expenses for such period. In the event the total of Tenant's monthly
<br /> installments for any calendar year does not equal its Proportionate Share as shown on such statement, then
<br /> Tenant shall promptly pay Landlord any deficiency,or Landlord upon receipt of such annual statement,shall
<br /> issue to Tenant a credit invoice for such excess, as the case may be. Landlord will keep books and records
<br /> of such costs and expenses. Tenant will have the right,at its expense, to inspect and audit Landlord's books
<br /> and records relating to such costs and expenses. If Tenant does not give Landlord written notice within one
<br /> (1)year after receiving Landlord's statement of Tenant's Proportionate Share of actual costs and expenses that
<br /> Tenant disagrees with the statement and specifying the amounts in dispute, Tenant will be deemed to have
<br /> waived the right to contest the statement. If Landlord provides Tenant with such a statement of Tenant's
<br /> • Proportionate Share of actual costs and expenses and Landlord does not give Tenant written notice of any
<br /> corrections or other changes of the statement within one year thereafter, Landlord will be deemed to have
<br /> waived the right to change the statement. For the calendar years in which this Lease commences and
<br /> terminates,the provisions of this Article shall apply,and Tenant's liability for its Proportionate Share of such
<br /> costs and expenses shall be subject to a p;@;ata eta adjustment based on the number of days of said
<br /> calendar year during which the Term of this Lease is in effect.
<br /> E. Parking. Parking for Tenant and its employees, agents, sublessees, licensees, concessionaires,
<br /> contractors,customers and their invitees (collectively"Tenant,et al,")is restricted to only those parking areas
<br /> located on the Subject Parcel, subject to such exclusive parking rights in parking spaces located in the
<br /> southerly 129 feet of the Subject Parcel as Landlord may from time to time designate in favor of the other
<br /> tenant or tenants of the building of which the Premises are a part. Tenant may, at its expense, sign t4a uM
<br /> t_6 parking spaces located in the Northerly 150 feet of the Subiect Parcel for exclusive use of Tenant's
<br /> customers . Such signs shall only be installed if
<br /> in the reasonable judgment of Tenant it is necessary due to parking problems. The size,location and design
<br /> of such signs shall be subject to Landlord's prior written approval. Enforcement of such exclusive parking
<br /> shall be the sole responsibility of Tenant. If Tenant, et al, fail to park their cars in the designated area and
<br /> if the problem continues for three (3) days following written notice by Landlord to Tenant, Landlord shall
<br /> have the right to charge Tenant Ten Dollars ($10) per day per car parked in any areas other than those
<br /> designated. Parking available to Tenant shall conform to the parking ordinances of the City of St. Anthony
<br /> and Tenant shall have no right to parking areas in excess of ordinance requirements. At Landlord's request,
<br /> Tenant shall furnish Landlord with automobile license numbers of Tenant,et al, and, thereafter, shall notify
<br /> Landlord within five (5) days after a change therein.
<br /> F. Deliveries. All deliveries to the Premises shall be limited to the areas located immediately adjacent
<br /> to the Premises on the south side of the building in which the Premises are located. In no event shall said
<br /> deliveries obstruct parking or access to any other part of the Subject Parcel or Shopping Center.
<br /> G. Changes to Shopping.Center/Subject Parcel. Landlord hereby reserves the absolute right,at any time
<br /> and from time to time,with respect to the Shopping Center and/or the Subject Parcel to (1) withdraw from
<br /> the Common Area (on the Shopping Center as a whole and/or on the Subject Parcel) such portions thereof
<br /> as may be necessary to construct or cause to be constructed additions to existing buildings and/or additional
<br /> buildings; (2) construct or cause to be constructed additions to existing buildings and/or additional buildings
<br /> and demolish or cause to be demolished all or a portion of existing buildings on the Shopping Center and/or
<br /> the Subject Parcel; (3) increase or decrease the land size of the Shopping Center, exclusive of the Subject
<br /> Parcel; (4) change the location and arrangement of accesses, entrances, curbs, roads, drives, sidewalks,
<br /> walkways,signs,parking areas,landscaping,drainage facilities,lighting or other improvements in the Common
<br /> Areas (on the Shopping Center as a whole and/or on the Subject Parcel); and (5) change, from time to time,
<br /> the size, location and nature of any Common Area (on the Shopping Center as a whole and/or on the Subject
<br /> Parcel),add to or delete portions thereof or withdraw portions thereof from such use as such,and may make
<br /> 326559.8 Redlined V8 to V7 9.27-6 12
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