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9605 EVERGREEN WAY PHO SMILE 2023-09-15
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9605 EVERGREEN WAY PHO SMILE 2023-09-15
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Last modified
9/15/2023 10:52:52 AM
Creation date
8/28/2023 6:59:20 AM
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Address Document
Street Name
EVERGREEN WAY
Street Number
9605
Tenant Name
PHO SMILE
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in this Lease, Lessee's Proportionate Share of all costs shall be the same <br /> percentae <br /> as the square footage of the floor area of the Premises is of the totalsquare footageof the leasable floor area within the Real Property. At the Commenement Date, <br /> Lessee's percentage is <br /> (1140 —Lessor shall <br /> have the right, from time to time, to allocate some or all of the operating costs for <br /> the Real Property among uses within the Real Property ("Cost Pool") in <br /> accordance with generally accepted accounting and management practices. Cost <br /> Pools shall be allocated and charged to the tenants within that Cost Pool based on <br /> the square footage of each tenant's floor area compared to the total square footage <br /> of the leasable floor area withal that Cost Pool. The term floor area means the <br /> aggregate amount of square feet of leasable floor area that is designed for the <br /> exclusive use and occupancy by tenants. <br /> iv. Exclusions from Additional Rent. Notwithstanding any <br /> provision of this Lease to the contrary, the following items shall be excluded from <br /> Additional Rent to be reimbursed or paid by Lessee: <br /> a. Lessor's costs incurred for any structural repairs to the <br /> roof, exterior walls, structural columns, roof penetrations and structural <br /> floors which collectively enclose the Building together with all utilities to <br /> the point they enter the walls, floor, and ceiling enclosing the Building, and <br /> repairs or other work occasioned by fire, windstorm or other casualty of an <br /> insured nature (but not including the deductible portion) or by the exercise <br /> of eminent domain or any expenditures for which Lessor is entitled to and <br /> actually is reimbursed from any source including without limitation, <br /> insurance and condemnation proceeds; <br /> b. All costs and expenses associated with leasing to other <br /> tenants, including marketing and promotion, tenant improvement <br /> allowances, tenant concessions, attorney's fees, brokerage commissions and <br /> architectural fees, if any; <br /> C. All items and services for which Lessee or other <br /> tenants reimburse Lessor or pays thud parties; <br /> d. Depreciation; <br /> e. Income taxes or other taxes personal to the Lessor; <br /> f. Expenses for repairs or maintenance related to the <br /> Building which were reimbursed to Lessor pursuant to warranties or <br /> service contracts; <br /> g. Legal, auditing, consulting, and professional fees paid <br /> or incurred in connection with negotiations for leases, financings, <br />
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