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© Commercial Association of Brokers Oregon/SW Washington (2/05) OFFICE LEASE (OR) ALL RIGHTS RESERVED 5 of 18 then the product from the foregoing multiplication shall be multiplied by the percentage of the Operating Year in which 1 Tenant occupied the Premises. Tenant’s Proportionate Share of any Tax increase shall be calculated in the same 2 manner. Tenant’s Proportionate Share shall be changed from time to time to reflect any change in the total rentable 3 square footage in the Building. All calculations of rentable area shall be on the same basis as originally used to 4 determine the rentable area shown in the Lease Terms. During the periods when the Building is not fully occupied, 5 Landlord shall reasonably adjust Operating Expenses to reflect the costs that would normally have been incurred had 6 the Building been fully occupied for the entire period. Taxes shall be adjusted as if the Building had been fully 7 assessed for property tax purposes in the Base Year and each Operating Year. The Building shall be considered 8 fully occupied when occupancy reaches ninety percent (90%). In the event Operating Expenses are decreased as a 9 result of extraordinary changes, then the Base Year Operating Expenses shall be correspondingly reduced (no 10 decrease shall result in a payment to Tenant). An extraordinary change shall mean changes unrelated to the normal 11 inflation and deflation of the cost of goods and services making up the Operating Expenses, such as a change in real 12 estate tax laws or a change in the Building Rentable Area resulting from condemnation, casualty, demolition, 13 alteration or construction of additional improvements. 14 15 3.2.5 Written Statement of Estimate. Prior to the Lease Commencement Date, Landlord shall 16 furnish Tenant with a written statement setting forth Tenant’s Proportionate Share of the Operating Expenses and 17 Taxes for the Base Year. Thereafter, prior to the commencement of each Operating Year after the Base Year or as 18 soon thereafter as reasonably possible, Landlord shall furnish Tenant with a written statement setting forth Tenant’s 19 Proportionate Share of the estimated increase in Operating Expenses and Taxes for the next Operating Year. Tenant 20 shall pay to Landlord as Additional Rent commencing on January 1 of the next Operating Year, and thereafter on the 21 first day of each calendar month, an amount equal to one-twelfth (1/12th) of the amount of Tenant’s Proportionate 22 Share of the estimated increase in Operating Expenses and Taxes, as shown in Landlord’s written statement. In the 23 event Landlord fails to deliver said written estimate, Tenant shall continue to pay to Landlord an amount equal to 24 one-twelfth (1/12th) of Tenant’s Proportionate Share of the estimated Operating Expenses and Taxes for the 25 immediately preceding Operating Year until Landlord does furnish the written estimate. Upon receipt of such written 26 estimate, Tenant shall pay an amount equal to the difference between the Tenant’s Proportionate Share of such 27 estimated Operating Expenses and Taxes for the expired portion of the current Operating Year and the Tenant’s 28 actual payments during such time, and any payments by Tenant in excess of the estimated Operating Expenses and 29 Taxes shall be credited to the next due payment of Rent from Tenant. Landlord reserves the right, from time to time, 30 to adjust the estimated increase in Operating Expenses and Taxes, and Tenant shall commence payment of one-31 twelfth (1/12th) of such revised estimate on the first day of the month following receipt of the revised estimate. 32 33 3.2.6 Final Written Statement. Within one hundred twenty (120) days after the close of each 34 Operating Year during the Term, Landlord shall deliver to Tenant a written statement (the “Operating Statement”) 35 setting forth Tenant’s Proportionate Share of the actual increase in Operating Expenses and Taxes for the preceding 36 Operating Year over the Base Year for each such item. In the event Tenant’s Proportionate Share of the actual 37 increase in Operating Expenses and Taxes is greater than the amount paid by Tenant for such Operating Expenses 38 and Taxes, Tenant shall pay the amount due to Landlord as Additional Rent within thirty (30) days after rec eipt by 39 Tenant of such statement. In the event Tenant’s Proportionate Share of the actual increase in Operating Expenses 40 and Taxes is less than the amount paid by Tenant for such Operating Expenses and Taxes, then Landlord shall, at 41 Landlord’s election, either (i) pay the amount of Tenant’s overpayment to Tenant within thirty (30) days following the 42 date of such statement or (ii) apply such overpayment to Tenant’s next Rent payment, reimbursing only the excess 43 over such next Rent payment, if any. If an Operating Year ends after the expiration or termination of this Lease, any 44 Additional Rent in respect thereof that is payable under this Section shall be paid by Tenant within ten (10) days of its 45 receipt of the Operating Statement for such Operating Year, and any Additional Rent paid by Tenant in excess of the 46 amount due under this Lease for the portion of the Operating Year after expiration or termination of this Lease shall 47 be refunded by Landlord to Tenant within ten (10) days of termination or expiration of this Lease. The late delivery of 48 any written statement by Landlord shall not constitute a waiver of Tenant’s obligation to pay its Proportionate Share of 49 Operating Expenses and Taxes, but Landlord shall use reasonable efforts to deliver such written statements as soon 50 as reasonably possible after the commencement of each Operating Year. 51 52 3.2.7 Tenant Examination. The Operating Statement referred to herein need not be audited but 53 shall contain sufficient detail to enable Tenant to verify the calculation of its Proportionate Share of Operating 54 Expenses and Taxes. In addition, Tenant, upon at least five (5) days’ advance written notice to Landlord and during 55 DocuSign Envelope ID: 58B9EAAB-3323-4198-8EF0-00895196FD5A