161223P.pdf   12/08/2016  The Gap, Inc.  v.  GK Development, Inc.
   U.S. Court of Appeals Case No:  16-1223
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Wollman, Circuit 
   Judge] 
   Civil case - Contracts. Defendant waived its argument that the parties' 
   lease required plaintiff to pay HVAC expenses under a particular lease 
   provision; reading ambiguous lease language in conjunction with extrinsic 
   evidence offered by plaintiff a rational factfinder could only conclude 
   that the parties intended that plaintiff not be obligated to pay certain 
   expenses associated with operation of the shopping mall during the life of 
   the lease; however, the district court's determination that plaintiff had 
   no obligation to pay certain common area maintenance or HVAC expenses for 
   the duration of the lease was too broad and on remand the district court 
   should modify the declaratory judgment to state plaintiff had no 
   obligation to pay the expenses except as established under one specific 
   lease provision.