Common Area Expenses as used in this Lease means all costs and expenses incurred by Landlord, in operating, managing, policing, insuring, replacing, repairing and maintaining the Common Area and, if applicable, the security offices and management offices, located in the Entire Premises from time to time (the “Common Facilities”), and operating, insuring, repairing, replacing and maintaining the Common Utility Facilities. “Common Utility Facilities” arc defined to include but are not limited to, sanitary sewer lines and systems, gas lines and systems, water lines and systems, fire protection lines and systems, electric power, telephone and communication lines and systems, and storm drainage and retention facilities not exclusively serving the premises of any tenant or store located in the Entire Premises. Common Area Expenses shall include, without limitation, the following: expenses for maintenance, landscaping, repaying, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items; cost, installation and removal of seasonal decorations; non-refundable contributions toward one or more reserves for replacements other than equipment; rental on equipment; charges, surcharges and other levies related to the requirements of any Federal, State or local governmental agency; costs of any improvements made by Landlord to the Entire Premises for the purpose of reducing recurring expenses or utility costs and from which Tenant can expect a reasonable benefit or that are required by any governmental law, ordinance, regulation or mandate subsequent to the original construction of the Entire Premises; expenses related to the Common Utility Facilities; real and personal property taxes and assessments on the improvements and land comprising the Common Area and Common Facilities; Landlord Carried Insurance (defined in Section 16.02) and any additional coverage obtained by Landlord on the Entire Premises; and a sum payable to Landlord for administration and overhead in an amount equal to ten percent (10%) of the Common Area Expenses for the applicable year.
Common Area Expenses means the total cost and expenses paid or incurred by Landlord in connection with the management, operation and maintenance of the Common Area (as defined in Section 5.2), including without limitation each of those items specified under "Building Expenses" to the extent applicable to the Common Area.
Common Area Expenses means all actual costs and expenses incurred by Landlord in connection with the ownership, operation, management and maintenance of the Common Areas, the Building, Property, and related improvements located thereon (the “Improvements”). Common Area Expenses includes, but is not limited to, all expenses incurred by Landlord as a result of Landlord’s compliance with any and all of its obligations under this Lease (or under similar leases with other tenants) other than the performance of its work under Section 2.3 of this Lease or similar provisions of leases with other tenants. Common Area Expenses do not included Common Area Expenses Exclusions. In explanation of the foregoing, and not in limitation thereof, Common Area Expenses shall include:
Examples of Common Area Expenses in a sentence
Without limiting the generality of the foregoing, any uses for utilities which are in excess of normal operating uses for offices, including, without limitation, those relating to supplemental heating or cooling requirements, may, at Landlord’s option, be sub-metered and billed separately to Tenant and shall not be included as part of Common Area Expenses.
The Basic Annual Rent abated during this period is referred to herein as the “Abated Rent.” Notwithstanding the provisions of this Section 3.2 or Article IV to the contrary, with respect to the first (1st), second (2nd), fourth (4th) and sixth (6th) floors of the Building, Tenant shall pay to Landlord during the Rent Abatement Period an amount equal to six and 75/100 dollars ($6.75) per Rentable Square Foot of the Leased Premises per annum as a reimbursement for Common Area Expenses.
Tenant shall, on its own behalf, provide and pay for as a portion of Common Area Expenses the regular removal and disposal of trash and rubbish located in its approved trash receptacles, the location of which shall be reasonably approved by Landlord.
In no event, however, will Landlord or its property manager be required to keep separate accounting records for the components of Common Area Expenses or to create any ledgers or schedules not already in existence.
If utilities and services are interrupted for more than three (3) consecutive calendar days as a result of Landlord’s or another tenants’ acts or omissions (other than a sublessee or assignee of Tenant), and not a result of Tenant’s acts or omissions, then Tenant shall have the right to cease payment of Basic Annual Rent and Tenant’s Proportionate Share of the Common Area Expenses beginning with the day of interruption pro-rated until such service is reinstated.
More Definitions of Common Area Expenses
Common Area Expenses means the following expenses paid or incurred by Landlord in connection with Landlord's management of the Building and/or the Property and the maintenance, operation and repair of the common areas of the Property: (i) keeping the driveways, parking areas, sidewalks and steps free and clear of ice, snow and debris; (ii) maintaining all grass and landscaping on the Property; (iii) maintaining the common areas of the Building, including the common utility rooms and common security systems, if any, and repair of normal wear and tear of the roof and caulking; (iv) the cost of Insurance; (v) repair of the paving the driveways and parking areas; (vi) monitoring, repairing and payment of all common utilities, including water, sewerage, unmetered or metered sprinkler and exterior electrical utilities on the Property; (vii) management fees; (viii) charges or assessments imposed on or allocated to the Building and/or Property by the Bennington Corporate Center Association, Inc.; (ix) the cost of any capital improvement (amortized or depreciated over the useful life of such improvement as defined by GAAP; with the interest at a fluctuating rate per annum which is at all times equal to 1-1/2% over the prime interest rate as determined from time to time by Citibank, N.A. on the unamortized balance) made to the Building by Landlord which results in more efficient operation of the Building or made to the Building by Landlord after the date of this Lease that is required under any governmental law or regulation that was not applicable to the Building at the time it was constructed; and (x) all other items which would be considered as procured or incurred in maintaining, operating, or repairing the Building or the common areas of the Property under sound management and generally accepted accounting principles. "Common Area Expenses" does not include the cost of work Landlord performs for, and/or at the expense of, any particular tenant (including Tenant), which costs will be billed directly to Tenant or such other tenant, as the case may be. Notwithstanding anything in the Lease to the contrary, Common Area Expenses also shall not mean and shall exclude any and all fees, charges, disbursements, obligations, Base Rent, Additional Rent, costs and expenses not reasonably related to the maintenance, repair, management and/or operation of the Building and the Property, such exclusions, without limitation, including the following:
Common Area Expenses means collectively the “Building Operating Expenses” and the “Project Operating Expenses”.
Common Area Expenses is defined in Section 7.3.
Common Area Expenses means all expenses in connection with the use, ownership (i.e., property taxes), operation, and maintenance of the Common Area, including without limitation, all general maintenance and repairs deemed necessary by Landlord or as may be required by Governmental Authority; work performed by Landlord in accordance with Section 12.2; resurfacing, restriping, and repair of all parking areas; painting; cleaning; trash removal; snow and ice removal; sweeping and janitorial services; seasonal decor; signs; fire protection systems; the cost of Utilities including, without limitation, costs or fees paid to a private utility provider; personnel to implement any of the foregoing services including, if Landlord deems necessary, the cost of security officers and security systems; all taxes, similar assessments, and special assessments levied for any reason on the Common Area and the realty underlying the Common Area and all reasonable costs associated with challenging such taxes and assessments; all personal property taxes levied for any reason on any personalty of the Common Area; the cost to Landlord of the insurance covering the Shopping Center; the Amortization of Capital Items; all on-site costs and personnel expenses of Landlord incurred in managing the Shopping Center; Common Area theming (including, without limitation, live and simulated entertainment) and all maintenance, repair and/or operational expenses associated therewith; all maintenance, repair and/or operational expenses reimbursable by Landlord to Ground Lessor and/or the parties to the REA for areas that are utilized in common by Landlord and Ground Lessor and/or the parties to the REA; all costs associated with shuttle or other transportation services designed to transport Shopping Center customers and/or employees to and from the Shopping Center; and the Administrative Fee with respect to all such expenses. Common Area Expenses shall be reduced (prior to the calculation of Tenant's share) by the contributions required to be made by the Major Tenants thereto, and shall not include any costs in connection with the original construction and installation of the Common Area. Further, Interior Mall Expenses shall be reduced (prior to the calculation of Tenant's share) by the Licensees Contribution. There shall be no duplication to Tenant of the costs for insurance and taxes as provided in Article 5 and this Section. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be requ...
Common Area Expenses means any and all reasonable expenses incurred by the Landlord in connection with Common Areas within the Building and Development, including, but not limited to, snow removal, landscaping, exterior window washing, parking lot, roof, exterior wall, foundation, sidewalk repair and maintenance, cleaning, fire and extended coverage insurance and liability insurance against casualties in such Common Areas, management fees, all other repairs and maintenance, depreciation of any equipment used in maintaining the Common Area and other expenses usually and customarily charged to tenants as Common Area expenses in like industrial developments. LANDLORD SHALL MAINTAIN THE COMMON AREAS IN GOOD ORDER, CONDITION AND REPAIR. Within ninety (90) days following the end of each calendar year during the term. of the Lease, Landlord will furnish Tenant with a Statement of Common Area Expenses prepared and certified to by an independent certified public accountant, which statement shall be binding on Landlord and Tenant UNLESS LANDLORD IS NOTIFIED IN WRITING WITHIN THIRTY (30) DAYS OF TENANT'S OBJECTIONS. Any overpayment made by the Tenant shall be refunded to Tenant and any underpayment shall be billed to and paid by Tenant. In the event of any dispute as to Tenant's Proportionate Share of Common Area Expenses, the Tenant shall have the right once each twelve (12) calendar month period, upon reasonable written notice, at its own expense, to inspect the Landlord's accounting records relative to Common Area Expenses at Landlord's accounting office during normal business hours. Unless Tenant shall take written exception to any item included in Common Area Expenses for any period prior to such inspection within fifteen (15) days following such inspection, all previous statements shall be considered as final and accepted by the Tenant. IN THE EVENT THAT TENANT TAKES EXCEPTION TO ANY ITEMS, LANDLORD AND TENANT SHALL JOINTLY APPOINT A CPA WHOSE DETERMINATION SHALL BE BINDING ON LANDLORD AND TENANT. IN THE EVENT THAT TENANT'S INSPECTION REVEALS AN OVERCHARGE OF MORE THAN TEN (10%) PERCENT IN THE AGGREGATE, LANDLORD SHALL PAY THE COST OF SUCH INSPECTION. Upon the termination of the Lease, by lapse of time or otherwise, the Tenant shall pay Tenant's Proportionate Share based upon the actual amount of Common Area Expenses, if known, or if not known, based on an estimate of 110% of the previous year's actual Common Area Expenses prorated for any partial calendar year. This amount will be...
Common Area Expenses means all actual costs and expenses incurred by Landlord in connection with the ownership, operation, management and maintenance of the Common Areas, the Building, Property, and related improvements located thereon (the “Improvements”). Common Area Expenses include, but are not limited to, all expenses incurred by Landlord as a result of Landlord’s compliance with any and all of its obligations under this Lease (or under similar leases with other tenants) other than the performance of its work under Section 2.3 of this Lease or similar provisions of leases with other tenants. In explanation of the foregoing, and not in limitation thereof, Common Area Expenses shall include:
Common Area Expenses means all costs and expenses incurred in each calendar year in connection with operating, maintaining, repairing and managing the shared Common Areas of the Buildings and the Property. Landlord agrees to act in commercially reasonable manner in incurring Common Area Expenses, taking into consideration the class and quality of the Common Areas of the Buildings and the Property. Common Area Expenses include, without limitation:(a) security for the shared Common Areas of the Buildings; (b) electricity, gas and other utility costs with respect to the shared Common Areas of the Buildings; (c) repairs to the shared Common Areas of the Buildings; and (d) the amortized cost of capital improvements (as distinguished from replacement parts or components installed in the ordinary course of business) made subsequent to the Commencement Date which are: (1) intended to effect economies in the operation or maintenance of the Property, reduce current or future Common Area Expenses, enhance the safety or security of the Property or its occupants, or enhance the environmental sustainability of the Property’s operations, (2) replacements or modifications of nonstructural items located in the Base Building or Common Areas of the Buildings that are required to keep the Base Building or Common Areas of the Buildings in good condition, or (3) required under any Law that is enacted, or first interpreted to apply to the Property, after the date of the Lease. The cost of capital improvements shall be amortized by Landlord over the lesser of the Payback Period (defined in Section 2.01 above) or the useful life of the capital improvement as reasonably determined by Landlord. Common Area Expenses shall not include any costs and expenses incurred with respect to the Common Areas located In the Office Building and the Common Areas located in the Science Building.