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, (including, without limitation, salaries, payroll taxes, employee benefits and other costs related to the employment of management personnel and office staff) in excess of the amount speCified in , Section 5.2; the costs of maintaining and operating a management or leasing office; costs associated with operation or maintenance of any food court area, or any information or customer service booth; audit fees and expenses; payments under any mortgages and ground leases; costs of constructing or maintaining any pylon signs for the Center that identify other tenants within the Center rather than only identify the Center itself, except for maintenance costs of signage that expressly and prominently identifies Tenant; merchants' association fees; costs of obtaining financing; debt service payments; costs of lease negotiations, enforcement of leases or disputes with tenants; any costs for services provided to tenant premises, or to Common Areas and tenant premises without separate metering or separately verifiable charges, such as trash refuse service and/or air conditioning, which is not also provided by Landlord to the Premises; and costs of leasehold improvements or other work performed in leasable space in the Center, special services provided to other tenants, costs of any tax abatement or reduction proceeding or non-cash .. expenses such as depreciation or amortization. Section 5.4 Payment of Common Area Expenses. Beginning on the Commencement Date (but subject to Section 3.l(a)), Tenant shall make estimated payments on account of Tenant's CAM Contribution to Landlord, in equal monthly installments, on the first day of each calendar month. For the partial calendar year in which the Commencement Date occurs, such monthly payments shall be based on Landlord's reasonable estimate of the Common Area Expenses to be incurred in such year, as shown on Landlord's budget therefor prepared reasonably and in good faith and provided to Tenant at lcast sixty (60) days prior to the Commencement Date (subject to the limitation set forth in Section 5.1 with respect to Common Area Expenses other than Common Area Special Expenses). On or before November 1 of each year during the Term, Landlord shall provide to Tenant Landlord's proposed budget of Common Area Expenses (including not more than a ten percent contingency for unforeseen expenses) for the next following calendar year giving due consideration to the Common Area Expenses' for the preceding calendar year (if known). Landlord's proposed budgets for Common Area Expenses shall be subject to Tenant's review and approval, which shall not be unreasonably withheld or delayed, and, upon approval by Tenant Tenant's payments on account of Tenant's CAM Contribution shall be based on the approved budget. Until Tenant approves Landlord's proposed budget of Common Area Expenses for a given year, Tenant's monthly payments on account of Tenant's CAM Contribution shall equal to 1/12th of the aggregate amount of Tenant's CAM Contribution for the previous year. Tenant shall respond to Landlord's proposed budget within thirty days after receiving the budget from Landlord. Notwithstanding the foregoing or anything to the contrary contained herein, the Maximum Controllable CAM Amount shall not apply to Common Area Special Expenses. Section 5.5 Statement of Common Area Expenses and Substantiation Rig:hts. Within ninety (90) days after the end of each calendar year, Landlord will send to Tenant an itemized statement of Common Area Expenses for such year (including, without limitation, separate line items for each component of Common Area Special Expenses) and the detailed computation of Tenant's CAM Contribution with respect thereto. To the extent Tenant overpaid, Landlord shall promptly remit with such statement a check in the amount of the overage. To the .' 25 CHG02:3091375.v8 - . _.-... "...