Extract to table

Recommendation: We recommend insertion of a 5% cumulative annual increase cap on controllable operating expenses, meaning that for purposes of calculating Tenant's escalation payments, controllable operating expenses in any calendar year shall not exceed 105% of the controllable operating expenses for the immediately preceding calendar year (compounded annually)

We must insist that this standard be revised accordingly

This is a significant deterrent to Tenant's operational flexibility and must be substantially narrowed

The consent standard must be revised from "sole and absolute discretion" to "not to be unreasonably withheld, conditioned, or delayed

Recommendation: We must negotiate a comprehensive carve-out providing that, upon a change of control of Aurelius Media Holdings Inc

Further Recommendation: The Landlord's recapture right must be waived entirely in the case of a change of control assignment