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NEGOTIATING KEY LEASE PROVISIONS A Landlord's Point of View - page 38 / 60

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FORM 13

Tenant's Percentage. "Tenant's Percentage" shall equal a fraction whose numerator is the number of Rentable Square Feet within the Premises as set forth in Section ____ ("Premises Area") and whose denominator is the number of Rentable Square Feet within the Building as set forth in Section ____ ("Building Area"). The term "Rentable Square Feet" as used in this Lease is defined as the Building Owner's and Manager's Association ("BOMA") definition of useable square footage multiplied by a load factor for Common Areas. The initial Tenant's Percentage is as set forth in Section 1.(a). Notwithstanding anything above to the contrary, to the extent any particular Operating Expense benefits only a portion of the Building or certain tenants of the Building, Tenant's Percentage of such Operating Expense(s) may be adjusted by Landlord on an equitable basis so as to be payable only by those tenants benefited by the particular Operating Expense.

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