Common use of CAM Charges Clause in Contracts

CAM Charges. For the purpose of this paragraph 7, the cost of Common Area Maintenance (the "CAM Charges") shall include (i) Landlord's reasonable and proper direct costs and expenses of operating and maintaining the Common Areas, (ii) Landlord's overhead expenses for administering same (or in lieu thereof a management fee) in an amount not to exceed eight percent (8%) of the total of such costs (specifically excluding from such total the amounts paid by Landlord and Tenant for insurance, capital expenditures and real estate taxes) and (iii) liability and casualty insurance premiums for insuring the Common Areas. Notwithstanding the foregoing, the following shall not be included in the CAM Charges: (1) real estate taxes paid, and maintenance performed, on outparcels or other adjacent tracts not reserved to the benefit of the Shopping Center occupants; (2) any dues or charges for a merchants' or other association of the tenants in the Shopping Center; (3) maintenance, repairs or replacements to the Common Areas (but no other portions of the Shopping Center), necessitated by the negligent or wrongful act of the Landlord or made to correct any construction defect (including, without limitation, repairs necessitated by a change in a code, law or regulation, when such repair is not attributable to a specific use of Tenant or Tenant's assignee or sublessee), to any interior mall space or to any buildings (including exterior walls thereof) or utility systems not part of the Common Areas; (4) repairs or replacements necessitated by any governmental entity or by the negligence or the wrongful action of Landlord (including failure to construct any portion of the Shopping Center in accordance with plans or specifications therefor) or any other tenant or made to correct any initial construction defect in existence prior to the Commencement Date of this Lease or to correct damage caused by subsidence or adverse or substandard soil conditions; (5) amounts paid to entities related to Landlord in excess of the cost of such services from any competitive source; (6) amounts reimbursable from insurance proceeds, under warranty or by Tenant, any other tenant in the Shopping Center or any other third party other than pursuant to a Common Area expense provision similar to this paragraph 7; (7) premiums for Common Area liability insurance for coverage in excess of the limits established in paragraph 14(e) below; (8) replacements of a capital nature, unless the costs of same are amortized over the entire useful life of such replacements and provided that replacements are not the direct result of initial defects in materials or workmanship (such amortization shall be on a straight-line basis, as determined under generally accepted accounting principles in effect when said costs are paid, together with interest at the then current "prime rate" published by the San Xxxxxxxxx xxxxxx of Bank of America, N.T. & S.A., plus one percent (1%) per annum, such interest to be adjusted annually in advance based on the published prime rate of interest on January 1 of each calendar year); provided, however, in no event shall Tenant's share of capital costs for any one CAM Year be in excess of $15,000.00; (9) improvements, repairs or replacements (other than patching and similar minor periodic maintenance) to the parking lot or other paved areas during the first thirty-six (36) full calendar months following the Commencement Date; (10) reserves for anticipated future expenses; (11) interest, late charges or penalties incurred as a result of Landlord's failure to pay bills in a timely manner; (12) Landlord's personnel, overhead, home office or administrative expenses except as set forth in subparagraph (b)(ii) above; (13) amounts incurred to remediate any Hazardous Substances (as defined in the Construction Provisions); or (14) any charges attributable to maintenance, repairs or replacements of the pylon sign so long as Tenant is unable to maintain a "face panel" on such sign; provided, however, any such charges attributable to a pylon sign on which Tenant maintains a "face panel" shall be allocated in equal proportion to Tenant and the other occupants maintaining face panels on such sign. CAM Charges shall be in an amount consistent with the costs incurred by other landlords of similar shopping centers in the City (but not greater than as described in this paragraph 7(b)), and in all events such charges shall be obtained at competitive rates.

CAM Charges. For the purpose of this paragraph 7As used herein, the cost of term "Common Area Maintenance (the Charges" or "CAM Charges") " shall include mean the cost for the operation, repair, replacement and maintenance of the Building and Common Areas, including, but not limited to, the following: (i) Landlord's reasonable operating, maintaining, repairing, lighting, cleaning, sweeping, painting, paving and proper direct costs striping and expenses of operating removing snow, ice and maintaining debris from the Common Areas; (ii) removing garbage and trash from the Common Areas; (iii) landscaping; (iv) electricity and other utilities used with respect to the Common Areas, (ii) Landlord's overhead expenses for administering same (or in lieu thereof a management fee) in an amount not to exceed eight percent (8%) of the total of such costs (specifically excluding from such total the amounts paid by Landlord and Tenant for insurance, capital expenditures and real estate taxes) and (iii) liability and casualty insurance premiums for insuring the Common Areas. Notwithstanding the foregoing, the following shall not be included in the CAM Charges: (1) real estate taxes paid, and maintenance performed, on outparcels or other adjacent tracts not reserved to the benefit of the Shopping Center occupants; (2) any dues or charges for a merchants' or other association of the tenants in the Shopping Center; (3) maintenance, repairs or replacements to the Common Areas (but no other portions of the Shopping Center), necessitated by the negligent or wrongful act of the Landlord or made to correct any construction defect (including, without limitation, repairs necessitated by a change in a code, law or regulation, when such repair is not attributable to a specific use of Tenant or Tenant's assignee or sublessee), to any interior mall space or to any buildings (including exterior walls thereof) or utility systems not part of electricity for lighting the Common Areas; ; (v) insurance premiums and deductibles, Taxes (as hereinafter defined), subject to reduction for Landlord's participation in the Tax Abatement Program pursuant to SECTION 22 below; (vi) the Management Fee, (vii) fees and assessments imposed by any covenants or owners' associations, (viii) access patrols, and (ix) maintaining, repairing and replacing the exterior walls, foundation, structural frame, roof and gutters of the Building. The cost of any CAM Charges that are capital in nature shall be amortized over the useful life of such improvement (as reasonably determined by Landlord), and only the amortized portion shall be included in CAM Charges. For purposes of this Lease, CAM Charges shall not include the following: (1) principal and interest payments on any mortgages, deeds of trust or other financing encumbrances; (2) leasing commission payable by Landlord; (3) depreciation; (4) the cost of initial construction of the Building and Common Areas; (5) the cost of repairs or replacements necessitated by any governmental entity or by the negligence or the wrongful action of Landlord Landlord's negligence; (including failure to construct any portion of the Shopping Center in accordance with plans or specifications therefor6) or any other tenant or made to correct any initial construction defect in existence prior to the Commencement Date of this Lease or to correct damage caused by subsidence or adverse or substandard soil conditions; (5) amounts paid to entities related to Landlord administrative fees, expenses and overhead charges in excess of the cost of such services from any competitive source; (6) amounts reimbursable from insurance proceeds, under warranty or by Tenant, any other tenant in the Shopping Center or any other third party other than pursuant to a Common Area expense provision similar to this paragraph 7; Management Fee; (7) premiums advertising costs; (8) legal fees and expenses, including, without limitation, those relating to leasing and enforcement of other leases, but excluding any legal fees and expenses incurred in connection with any tax contest; (9) the cost of repairs or replacements incurred by reason of fire or other casualty or condemnation for Common Area liability which Landlord is reimbursed or compensated therefor through proceeds of insurance for coverage or condemnation awards; and (10) costs to repair latent defects in excess the Building discovered prior to the fourth (4th) anniversary of the limits established Commencement Date. For purposes hereof, Taxes shall include any form of real estate tax or assessment or service payments in paragraph 14(elieu thereof, and any license fee, commercial rental tax, improvement bond or other similar charge or tax (other than inheritance, personal income or estate taxes) below; imposed upon the Building or the Common Areas (8) replacements or against Landlord's business of a capital nature, unless leasing the costs of same are amortized over Building) by any authority having the entire useful life of such replacements and provided that replacements are not the direct result of initial defects in materials power to so charge or workmanship (such amortization shall be on a straight-line basis, as determined under generally accepted accounting principles in effect when said costs are paidtax, together with interest at costs and expenses of contesting the then current "prime rate" published by the San Xxxxxxxxx xxxxxx of Bank of America, N.T. & S.A., plus one percent (1%) per annum, such interest to be adjusted annually in advance based on the published prime rate of interest on January 1 of each calendar year); provided, however, in no event shall Tenant's share of capital costs for any one CAM Year be in excess of $15,000.00; (9) improvements, repairs validity or replacements (other than patching and similar minor periodic maintenance) to the parking lot or other paved areas during the first thirty-six (36) full calendar months following the Commencement Date; (10) reserves for anticipated future expenses; (11) interest, late charges or penalties incurred as a result of Landlord's failure to pay bills in a timely manner; (12) Landlord's personnel, overhead, home office or administrative expenses except as set forth in subparagraph (b)(ii) above; (13) amounts incurred to remediate any Hazardous Substances (as defined in the Construction Provisions); or (14) any charges attributable to maintenance, repairs or replacements amount of the pylon sign so long as Tenant is unable to maintain a "face panel" on such sign; provided, however, any such charges attributable to a pylon sign on which Tenant maintains a "face panel" shall be allocated in equal proportion to Tenant and the other occupants maintaining face panels on such sign. CAM Charges shall be in an amount consistent with the costs incurred by other landlords of similar shopping centers in the City (but not greater than as described in this paragraph 7(b)), and in all events such charges shall be obtained at competitive ratesTaxes.

CAM Charges. For the purpose of this paragraph 7, the cost of ----------- Common Area Maintenance (the "CAM Charges") shall include (i) Landlord's reasonable and proper direct costs and expenses incurred by Landlord in its reasonable business judgment as appropriate and for the best interest of operating the Shopping Center in operating, equipping, replacing, repairing, securing, insuring and maintaining the Common Areas, Areas consistent with the obligation set forth in paragraph 7(a) above (and all systems related thereto) and (ii) Landlord's overhead expenses for administering same (or in lieu thereof a management fee) in an amount not to exceed eight seven percent (87%) of the total of such costs (specifically excluding from such total the amounts paid by Landlord and Tenant for insurance, capital expenditures expenditures, Real Estate Taxes and real estate taxes) and (iii) liability and casualty insurance premiums for insuring separately metered utilities serving the Common Areas). Notwithstanding anything contained in this Lease to the foregoingcontrary, the following shall not be included in the CAM Charges: (1) real estate taxes paid, and maintenance performed, on separately assessed and/or maintained outparcels or other adjacent tracts not reserved to the benefit of the Shopping Center occupants; (2) any dues or charges for a merchants' or other association of the tenants in the Shopping Center; (3) maintenance, repairs or replacements to the Common Areas (but no not other portions of the Shopping Center), ) necessitated by the negligent or willful wrongful act of the Landlord or made to correct any construction construction, defect (including, without limitation, repairs necessitated by a change in a code, law or regulation, when such repair is not attributable to a specific use of Tenant or Tenant's assignee or sublessee), to any interior mall space or condition to any buildings (including exterior walls thereof) or utility systems not part of the Common Areas; (4) repairs or replacements necessitated by any governmental entity or by the negligence or the willful wrongful action of Landlord (including failure to construct any portion of the Shopping Center in accordance with plans or specifications therefor) or any other tenant or made to correct any initial construction or renovation defect or condition in existence prior to the Rent Commencement Date of this Lease or to correct damage caused by subsidence or adverse or substandard soil conditionsconditions during the first five (5) years of the Lease Term; (5) amounts paid to entities related to Landlord in excess of the cost of such services from any competitive sourcesource for the same quality of service; (6) amounts reimbursable from insurance proceeds, under warranty or by Tenant, any other tenant in the Shopping Center or any other third party other than pursuant to a Common Area expense provision similar to this paragraph 7; (7) premiums for Common Area liability insurance for coverage in excess amounts reimbursable to Landlord under any of the limits established in paragraph 14(eREA's or related agreements (e.g. the Maintenance Agreement dated June 12, 1987 between Mishawaka Retail Associates Limited Partnership and Toys "R" Us, Inc.) below; (8) replacements of a capital nature, unless the costs of same are amortized over the entire useful life of such replacements and provided that replacements are not the direct result of initial defects in materials or workmanship (such amortization shall be on a straight-line basis, as determined under generally accepted accounting principles in effect when said costs are paid, together with interest at the then current "prime rate" published by the San Xxxxxxxxx xxxxxx of Bank of America, N.T. & S.A., plus one percent (1%) per annum, such interest to be adjusted annually in advance based on the published prime rate of interest on January 1 of each calendar year); provided, however, in no event shall Tenant's share of capital costs for any one CAM Year be in excess of $15,000.00; (9) improvements, repairs or replacements (other than patching and similar minor periodic maintenance) relating to the parking lot or other paved areas during Shopping Center, e.g. cost of maintenance of the first thirty-six (36) full calendar months following the Commencement Date; (10) reserves for anticipated future expenses; (11) interest, late charges or penalties incurred as a result of Kids "R" Us sign on Landlord's failure to pay bills in a timely manner; (12) Landlord's personnel, overhead, home office or administrative expenses except as set forth in subparagraph (b)(ii) above; (13) amounts incurred to remediate any Hazardous Substances (as defined pylon sign in the Construction Provisions); or (14) any charges attributable to maintenance, repairs or replacements of the pylon sign so long as Tenant is unable to maintain a "face panel" on such sign; provided, however, any such charges attributable to a pylon sign on which Tenant maintains a "face panel" shall be allocated in equal proportion to Tenant and the other occupants maintaining face panels on such sign. CAM Charges shall be in an amount consistent with the costs incurred by other landlords of similar shopping centers in the City (but not greater than as described in this paragraph 7(b)), and in all events such charges shall be obtained at competitive rates.Shopping Center;