Addendum to Real Estate Lease (For the Benefit of the Tenant)

Addendum to
Real Estate Lease
(For the Benefit of the Tenant)

                                                                        This is an Addendum to that certain [Real Estate Lease] dated _________, 19__ (the “Lease”) between $__________ (“Landlord”) and __________ (“Tenant”).  This Addendum supersedes anything inconsistent in the Lease.  This Addendum relates to the premises leased by the Tenant (the “Premises”) in the building owned by the Landlord (the “Building”).

1.         Exclusions From Operating Costs

                        In the event the Tenant is required to pay a portion of the “operating costs” of the Building, the definition of "operating costs" shall not include:  (i) costs incurred in renovating or otherwise improving, painting or redecorating usable space for tenants; (ii) Landlord's costs of any services sold or provided tenants or other occupants for which Landlord is entitled to be reimbursed by such tenants or other occupants as an additional charge or rental over and above the basic rental and escalations payable under the lease with such tenant or other occupant; (ii) legal fees and other related expenses associated with the negotiation or enforcement of leases; (iv) all items and services for which Tenant reimburses Landlord or pays third persons or which Landlord provides selectively without reimbursement to one or more tenants or occupants of the Building (other than Tenant) which are not customary for normal office use; (v) leasing commissions and other similar payments paid to agents or employees of Landlord, independent brokers and other persons incurred in connection with Landlord's leasing activities; (vi) costs for space planning of tenant space in the Building; (vii) repairs or other work occasioned by fire, windstorm or other casualty or damage to the extent Landlord is reimbursed by insurance; (viii) costs for structural replacements to the steel frame, concrete floors, roof membrane of the Building; (ix) Building depreciation; (x) interest on debt or amortization payments on any mortgages or deeds of trust and rent under any ground leases; (xi) advertising and publicity expenditures; (xii) Landlord's reserve accounts; (xiii) any compensation paid to clerks, attendants or other persons in commercial concessions, if any, operation of any retail space or similar concessions; (xiv) costs of correcting construction defects in the Building; (xv) costs of cleaning up or removing asbestos or hazardous materials; and (xvi) capital improvements, capital repairs, capital equipment, and capital tools, all as determined in accordance with generally accepted accounting principles.  The operating costs shall be normalized to an assumed 100% occupancy of the Building.