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(viii) Payments by lessees of Developer for past due expenses and <br />common area charges for which Developer makes a prior offset to <br />Gross Operating Revenues. <br />(ix) Rental payments by lessees that are for less than 12 months shall <br />be adjusted to a full year using the gross fixed minimum for the <br />first 12 month period, unless the Lease has been terminated <br />during the 12 month period in which case only the actual rent <br />received will be included. <br />(x) Rentals by lessees that have executed a lease but have not <br />commenced rental payments shall be included in Gross Operating <br />Revenues. The amount to be included shall be the gross fixed <br />minimum rental for the first year of the lease. <br />Excluded from "Gross Operating Revenues" shall be: <br />(i) All sums paid by lessees or other occupants of the Premises as <br />reimbursement of expenses for common area maintenance, taxes, <br />insurance, and capital improvement costs. <br />Any non -cash consideration received for or on account of any of <br />the foregoing (except for promissory notes) shall, for the purposes <br />hereof, be valued at its fair market value when received and <br />included in Gross Operating Revenues at the time it is received. <br />If Agency and Developer, as lessor, are unable to agree on the fair <br />market value of such non -cash consideration within twenty (20) <br />days of Agency and Developer first meeting to determine such fair <br />market value, then the matter shall be resolved by an appraisal by <br />a Big Six Accounting Firm mutually agreeable to Agency and <br />Developer. Any payments under or with respect to any <br />promissory note or an assignment thereof (including, without <br />limitation, assignments for security purposes) shall be included in <br />Gross Operating Revenues at the time received. With respect to <br />any lease made between Developer and an affiliate of Developer, <br />as lessee, if the lessee thereunder does not itself occupy or use all <br />such leased property but instead assigns or subleases all or any <br />portion of, as lessor, those leased premises, then any rental or <br />Disposition and Development Page 14 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />