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<br /> the address stated herein or to such other persons or at such other places as Lessor may designate
<br /> in writing,
<br /> . 4,2 Operating Expenses, Lessee shall pay to Lessor during the term hereof, in
<br /> addition to the Base Rent, Lessee's Share, as hereinafier defined, of all Operating Expenses, as
<br /> hercinaficr defined, during each calendar year of the term of this Lease, in accordance with the
<br /> following provisions:
<br /> (a) "Lessee's Share" is defined, for purposes of this Lease, as 5.95 percent. Lessee's
<br /> share is subject to periodic review and adjustment by Lessor to accurately reflect Lessee's pro-
<br /> rala share orLhe improvcmcnts Lhell cOlllpri~illg thc Tmlustrial CcnLcr.
<br /> (b) "Operating Expenses" is defined, for the purposes of this Lease, as all costs of
<br /> management, operation, maintenance, and repair of the Building, and to, the extent allocable to
<br /> the Building, the Common Areas and the balance of the Industrial Center, including, without
<br /> limitation, the wages, salaries, and payroll burden of employees, maintenance, landscaping,
<br /> irrigation, parking, and other services, power, water, and other utilities, materials and supplies,
<br /> maintenance and repairs (including repaving of the parking areas and replacement of any roofs),
<br /> insurance, the deductible portion of any insured loss, real property and other taxes and
<br /> assessments (including any increases resulting from a sale or other change in ownership of the
<br /> Building or the Industrial Center), depreciation on personal property, the cost of any capital
<br /> improvements designed to reduce other items of Operating Expenses, plus interest at the rate of
<br /> cleven percent (It "/0) per annum or such higher cost of funds incurred by Lessor to construct
<br /> such improvements, amortized over a reasonable period determined by Lessor, and a
<br /> construction management fee of five percent (5%) of the foregoing amounts, The share of
<br /> Operating Expenses pertaining to the Common Areas and the balance of the Industrial Center
<br /> allocated to the Building shall be determined in the reasonable business judgment of Lessor,
<br /> (c) The inclusion of the improvements, facilities, and services set forth in paragraph .. J'
<br /> 4.2(b) in the definition of Operating Expenses shal1 not be deemed to impose an
<br /> obligation upon Lessor either to have said improvements or facilities or to provide
<br /> those services unless the Industrial Center already has the same.
<br /> . (d) Lessee's Share of Operating Expenses shall be payable by Lessee within ten (10)
<br /> days after a reasonably detailed statement of actual expenses is presented to Lessee by Lessor.
<br /> At Lessor's option, however, an amount may be estimated by Lessor from time to time of
<br /> Lessee's Share of annual Operating Expenses and the same shall be payable monthly or quarterly,
<br /> as Lessor shall designate, during each twelve-month period of the Lease tenn, on the same day as
<br /> the Base Rent is due hereunder. In the event that Lessee pays Lessor's estimate of Lessee's Share
<br /> of Operating Expenses as aforesaid, Lessor shall deliver to Lessee as soon as practical after the
<br /> expiration of each calendar year a reasonably detailed statement showing Lessee's Share of the
<br /> actual Operating Expenses incurred during the preceding year. If Lessee's payments under this
<br /> paragraph 4,2(d) during said preceding year exceed Lessee's Share as indicated on said statement,
<br /> Lessee shall be entitled to credit the amount of such overpayment against Lessee's Share of
<br /> Operating Expenses next falling due, If Lessee's payments under this paragraph during said
<br /> preceding year \vere less than Lessee's Share as indicated on said statement, Lessee shaH pay to
<br /> Lessor the amount of the deficiency within ten (10) days after delivery by Lessor to Lessee of
<br /> said statement.
<br /> S. See" rity Deposit-:- Lessee slull oii:f38sit "'itl1 Lessor u138n el~ee-utieR hereof $>~, 151.1'') as
<br /> seeurity fer Lessee's k:.ithfldI perforA1BRee srits obligations hereunder. IfLessel2l fails Ie J38J' rent
<br /> or ether cAarr;e.s due heretttlfier. or 0th~r'\'is::: H.\?faults "'ith resfJeGH~fo"isioA of this Lease,
<br /> ~r maj US!::'!, afJt~eHltH-aH-fH'-fHl],-fl'O+t+etl 8 r said deposit ["1l-f-l-he-paj'ffi€t1t-oHlI-'lY-feHt--ef
<br /> e+4er el:1arge ill default or wr tRe ~uyment 8f' <lAY other sum to-wh-iBh--bes-seF---H"iay beeome
<br /> ~oated bj' r:.::a$Oll of Lessee's default, or to HHRpensale Lessor ;Oh'lfly-h75S or damage-t4at
<br /> -bess&H"I-aJ'-&H++e~lj'. rr Lessor so liS€S-Br applies all 81' allj' ~nrtil3n of said E1epos.t,bessee
<br /> shtll ".ithin ten (lO) Bays ;lfler "TiUefHjemand therder Eleposit eash "'ith LessoHR an amount /
<br /> sullie-iel't Ie r~stere said iil8flosi., to the.....full amouRt tRen reql;lired Elf Lessee. If the montl:lj' rent /
<br /> im::l'eases, ['rElIll time 1e tirA:::, duriRr; the tUt'll of this LeHse, Lessee shall, at the-4~me of slleh /
<br /> il1€'rease, d:::Jlosit with Lesser Hd~al--tl'loney as R s.;!:::l:Irity deposit sa tllf1t the-te!al amount of /
<br /> / /
<br /> the see',lrity fi"fJosit f'e-lll 8)" Less(}f--5hal1 at all times 8e~r the same f.'mpOHte1-l tB the theR €'.lFreAt
<br /> f.k1se Rent as tl:e iAiti,,1! se€1;Irity rierm;it ~lears te the iA~e~fOFt~ra;raflh 1,
<br /> Less!:]!' shall net 88 r:::E:Jl:lired te--keet}-5flid s€Turity tleflElsit s~paffile-.from its :;eReral REeel;lAts. If
<br /> . Lesse::: perfonlls all--Bf..-tt5---()h~+gatioRs her:::under. said deposit, 8r S8 ['FIlleR tl:1erel3f as has-tlet
<br /> tt':;felelore been l~ppljcd by Lessor. 611;111 812 r:::turned, "'ithoblt f1i:lymenl Elf illierest--e~
<br /> ir,::rement IQr its 1;Ise. to Lessee (or, at Less8r's ol"liorr,--to the last assi.;nee, if aRY, of Lessee's
<br /> \\MINNEAPOUS\ YOLI\SUPPO~l'A"'D'" f "'\"'M&\R.""".\~ouodU\"'GREf),jE,"".;II.I.o1 ~ page 3
<br /> (S:lAADATAtAMS\GENERAL1FORMS1REfT.U+M.DOCJ
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