Common use of Common Area Costs Clause in Contracts

Common Area Costs. Tenant shall pay Landlord for Landlord's estimate of all Common Area Costs, as defined in this subparagraph, during the Lease Term. Such payments shall be made on a monthly basis in accordance with Section 4.06, below. All costs incurred by Landlord for the operation and maintenance of the Common Areas located on the Property, or for maintenance of which the owner of the Property is or shall be liable to contribute pursuant to applicable recorded restrictions, are herein referred to as "Common Area Costs." Common Area Costs include, but are not limited to, costs and expenses for paving maintenance for the private common drive providing access to the Premises from various public streets; Project monument signage and landscaping; all real property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing, repaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a reasonable allowance to Landlord for Landlord's supervision of the Common Areas (not to exceed two percent (2%) of the Base Rents of the Premises for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area Costs. Common Area Costs shall not include interest on debt, capital retirement of debt or depreciation of real property which forms part of the Common Areas.

Common Area Costs. Tenant shall pay Landlord for Landlord's estimate For purposes of all calculating Tenant’s Allocable Share of Building and of Project Costs, the term “Common Area Costs” shall mean all costs and expenses of the nature hereinafter described which are incurred in connection with ownership and operation of the Building or the Project in which the Premises are located, as defined the case may be not directly allocable to or payable by a single tenant in this subparagraphthe Building or the Project, during together with such additional facilities as may be determined by Landlord to be reasonably desirable or necessary to the Lease Termownership and operation of the Building and/or Project. Such payments All costs and expenses shall be made on a monthly basis determined in accordance with Section 4.06, below. All costs incurred by Landlord for the operation and maintenance of the Common Areas located on the Property, or for maintenance of generally accepted accounting principles which the owner of the Property is or shall be liable consistently applied (with accruals appropriate to contribute pursuant to applicable recorded restrictionsLandlord’s business), are herein referred to as "Common Area Costs." Common Area Costs include, including but are not limited to, costs the following: (i) common area utilities, including water and expenses for paving power and lighting to the extent not separately metered; (ii) common area maintenance and service agreements for the private Building or the Project and the equipment therein including, without limitation, common drive providing access area janitorial services, alarm and security services, exterior window cleaning, and maintenance of sidewalks, landscaping, waterscape, parking areas, and driveways; (iii) insurance premiums and costs, including without limitation, the premiums and cost of fire, casualty and liability coverage and rental abatement and earthquake (if commercially available) insurance applicable to the Premises from various public streetsBuilding or Project; (iv) repairs, replacements and general maintenance (excluding repairs and general maintenance paid by proceeds of insurance or by Tenant or other third parties, and repairs or alterations attributable solely to tenants of the Building or Project monument signage other than Tenant); and landscaping; (v) all real property taxes estate taxes, special assessments, service payments in lieu of taxes, excises, transit charges, housing fund assessment, levies, fees or charges and assessments levied on including any substitutes or attributable additions thereto which may occur during the Lease Term (and Renewal Terms, if any) of this Lease which are assessed, or imposed by any public authority upon the Building or Project, the act of entering this Lease, the occupancy by Tenant, the rent provided for in this Lease and including real estate tax increases due to the Common Areas and all Common Area improvements; all personal property taxes levied on a sale or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed in the operation or maintenance transfer of the Common Areas; rental Building or lease payments paid by Landlord for rented or leased personal property used the Project, in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing, repaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a reasonable allowance to Landlord for Landlord's supervision of the Common Areas (not to exceed two percent (2%) of the Base Rents of which the Premises for are located, as such taxes are levied or appear on the calendar year). Landlord may cause any or all of such services to be provided by third parties City and the cost of such services shall be included in Common Area CostsCounty tax bills and assessment rolls. Common Area Costs shall not include interest on debtspecifically exclude (i) costs and impact fees resulting from new construction, capital retirement (ii) costs incurred in connection with the presence of debt any Hazardous Material, except to the extent caused by the release or depreciation of real property which forms part emission of the Hazardous Material in question by Tenant, and (iii) costs associated with restoration of any casualty. All special assessments shall be paid over the longest period allowed by the taxing authority. This shall be a Net Lease and the Base Monthly Rent shall be paid to Landlord absolutely net of all costs and expenses. The provision for payment of Common AreasArea Costs by means of periodic payment of Tenant’s Allocable Share of Building and/or Project Costs are intended to pass on to Tenant and reimburse Landlord for all costs of operating and managing the Building and/or Project.

Common Area Costs. Tenant shall pay Landlord for Landlord's estimate of all As used in this Lease, the term “Common Area Costs” shall mean all expenses of Landlord with respect to the maintenance, as defined in this subparagraphservicing, during repairing and operation of the Lease Term. Such payments shall be made on a monthly basis in accordance Property, including, but not limited to the following: maintenance, repair, and replacement costs; electricity, fuel, water, sewer, gas and other utility charges; security; exterior window washing; trash; snow and ice removal; landscaping and pest control; janitorial services for the Premises, HVAC maintenance, repair and replacement for all units servicing the Premises (subject to paragraph 5 above and excluding any charges related to repairs or maintenance due to failure of proper air distribution), management fees payable to Landlord, Landlord’s affiliates or third parties; wages and benefits payable to employees of Landlord whose duties are directly connected with Section 4.06, below. All costs incurred by Landlord for the operation and maintenance of the Common Areas located on Property; all services, supplies, repairs, replacement or other expenses for maintaining and operating the Property; the cost, or for maintenance including interest, amortized over its useful life, of which the owner of any capital improvement made to the Property by Landlord after the date of this Lease which is required under any governmental law or shall be liable to contribute pursuant to regulation that was not applicable recorded restrictions, are herein referred to as "Common Area Costs." Common Area Costs include, but are not limited to, costs and expenses for paving maintenance for the private common drive providing access to the Property at the time it was constructed; the cost, including interest, amortized over its useful life, of installation of any device or other equipment which improves the operating efficiency of any system within the Premises from various public streetsand thereby reduces operating expenses; Project monument signage all other expenses which generally would be regarded as operating and landscapingmaintenance expenses which would reasonably be amortized over a period not to exceed five years; all real property taxes and installments of special assessments, including dues and assessments levied by means of deed restrictions and/or owner’s association which accrue against the Property during the term of this Lease; governmental levies or charges of any kind or nature assessed or imposed on the Property, whether by state, county, city or attributable any political subdivision thereof; and all insurance premiums Landlord is required to pay or deems necessary to pay, including public liability insurance, with respect to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed in the operation or maintenance Property. This Section outlines types of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing, repaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a reasonable allowance to Landlord for Landlord's supervision of the Common Areas (not to exceed two percent (2%) of the Base Rents of the Premises for the calendar year). services Landlord may cause any or all of such services to be provided by third parties provide and the cost of such services shall be included include in Common Area Costs. The term Common Area Costs shall does not include the following: expenses for repairs, restoration or other work occasioned by fire, wind, the elements or other casualty that are covered by insurance; income and franchise taxes of Landlord; expenses incurred in leasing to or procuring of tenants, leasing commissions, advertising expenses and expenses for the renovating of space for new tenants; interest or principal payments on debtany mortgage or other indebtedness of Landlord; compensation paid to any employee of Landlord above the grade of property manager; any depreciation allowance or expenses; or operating expenses which are the responsibility of Tenant, capital retirement of debt or depreciation of real property which forms part of any other Tenant on the Common AreasProperty. Tenant shall have the right to audit Landlord’s Books and Records as set forth in the Addendum.”

Common Area Costs. Tenant shall pay Landlord for Landlord's estimate of all Common Area Costs, as defined in this subparagraph, during the Lease Term. Such payments shall be made on a monthly basis in accordance with Section 4.06, below. All " mean all costs incurred in a manner deemed by Landlord to be reasonable and appropriate and for the operation and maintenance best interests of the Common Areas located on the Property, or for maintenance of which the owner of the Property is or shall be liable to contribute pursuant to applicable recorded restrictions, are herein referred to as "Common Area Costs." Common Area Costs include, but are not limited to, costs and expenses for paving maintenance for the private common drive providing access to the Premises from various public streets; Project monument signage and landscaping; all real property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used Shopping Center in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed in the operation or maintenance management, operation, maintenance, replacement and repair of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacingincluding but not limited to security, repavinglandscaping, maintainingutilities, painting, striping, lighting, cleaningmanagement fee (4% of gross revenues), refuse removal, security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a reasonable allowance to Landlord for Landlord's supervision administration fee of the Common Areas (not to exceed two fifteen percent (215%) of the Base Rents of the Premises for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area CostsCosts and pest control among other items. Common Area Costs shall not include interest on debt, capital retirement of debt or depreciation of real property which forms part costs or expenses in connection with the original construction and installation of the Common AreasAreas or Common Area Costs which are classified as capital expenditures under generally accepted accounting principles, provided, however, that the costs of improvements to the Common Areas intended to reduce Common Area Costs or as may from time to time be required by any newly enacted (after the date of this Lease) laws, ordinances, rules or regulations of any governmental authority or agency having jurisdiction thereof shall be includable in Common Area Costs to the extent of the annual amortization thereof over the useful life of the improvements. Common Area Costs shall not include principal or interest payments on any mortgage or deed of trust or ground rent payments under any ground lease; costs or expenses associated with leasing space in the Shopping Center or the sale of any interest in the Shopping Center, including marketing costs and brokerage commissions; costs of preparing, improving or altering space for a specific tenant; costs relating to maintaining Landlord's legal existence, either as a corporation, partnership or other entity; payments made to any entities that are related to Landlord to the extent such payments exceed the market rate customarily paid to unrelated entities for comparable goods or services; costs incurred because Landlord or any tenant violated the terms of any lease; costs that are reimbursed to Landlord by any source (other than additional rent provisions such as this one) (e.g., by way of warranties, insurance or condemnation proceeds, or payment by any other tenant); and costs incurred to remove or otherwise deal with any Hazardous Materials in, upon or under the Shopping Center that were not introduced by Tenant or any party for which Tenant is responsible. In view of the fact that Tenant is solely bearing the cost of maintaining, repairing, insuring and replacing all elements of its building, Landlord agrees that any share of Common Area Costs allocated to the Premises shall not include any costs associated with the maintenance, repair, insurance or replacement of any other buildings in the Shopping Center or the furnishing to any other premises in the Shopping Center of any work, service or utility the cost of which is being borne by Tenant with respect to the Premises.

Common Area Costs. Tenant shall pay Landlord for Landlord's estimate of all As used in this Lease, the term “Common Area Costs, as defined in this subparagraph, during the Lease Term. Such payments ” shall be made on a monthly basis in accordance with Section 4.06, below. All mean (i) all costs incurred by Landlord for the operation operation, maintenance, cleaning, replacing, repairing and maintenance keeping in good order of the Common Areas located on Area, and (ii) all other costs incurred by Landlord relating to the Property, ownership or for maintenance of which the owner operation of the Property is or shall Project that are permitted to be liable to contribute pursuant to applicable recorded restrictions, are herein referred to billed or charged as "a Common Area Costs." Cost under the provisions of this Lease. Common Area Costs shall include, but are not limited to, costs and expenses for paving maintenance the following: irrigation, gardening, landscaping, and pest control; utilities, water and sewage charges for the private common drive providing access Common Area; maintenance of signs (other than Tenant’s signs which Tenant shall be responsible for paying for and maintaining); costs relating to the Premises from various public streetsservice contracts that Landlord elects to procure under Section 6.4(b) (including fire sprinkler system maintenance, monitoring and testing); Project monument signage premiums for liability, property damage, fire and landscapingother types of casualty and other insurance on the Common Area (however, Landlord may, in Landlord’s discretion, aggregate such insurance coverage on the Common Area with all of the buildings and properties in the Project, and allocate the cost of same as described in Section 4.4(d)); employee costs attributable to employees working on the Project; all real property taxes and assessments levied on or attributable to the Common Areas Area and all Common Area improvementsimprovements (which shall be paid by Tenant in the same proration as the Property’s taxes under Section 4.2(c)); all personal property taxes levied on or attributable to personal property used in connection with the Common AreasArea; straight-line depreciation on personal property owned by Landlord which is consumed used in the operation or maintenance of the Common AreasArea; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common AreasArea; fees for required licenses and permitspermits of the Common Area; repairing, resurfacing, repaving, maintaining, painting, lightingand cleaning the exterior walls of buildings in the Project; striping, cleaningrepairing, refuse removalpaving and maintenance of the parking areas; management fees relating to the operation of the Project (except while Cypress Pointe Simi Valley, security LLC or any of its wholly owned subsidiary entities owns the Property no management fee shall be charged); repair or replacement of Common Area improvements; repairs to the roof membrane and similar itemsany other non-structural element of the roof; and reserves for roof replacement, exterior painting maintenance and other appropriate reserves; repairs of any items that are chargeable to Tenant as Common Area Costs (including for maintenance and a reasonable allowance to Landlord for Landlord's supervision repair of the roof membrane). As to any reserves, Landlord shall not be required to segregate such reserves, pay interest on such reserves or to hold such reserve amounts in a separate account, and Landlord may retain all reserves upon the termination of this Lease, and Tenant is not entitled to be refunded any unused reserves. Landlord may, in Landlord’s sole discretion, have a waste and refuse disposal company service the Project and xxxx same as a Common Areas (not to exceed two percent (2%) of the Base Rents of the Premises for the calendar year)Area Cost. Landlord may cause any or all of such services to be provided by third parties parties, and the cost of such services service shall be included in Common Area Costs. Common Area Costs shall not include interest on debt, capital retirement of debt or depreciation of real property which forms part Lighting of the Common AreasArea may be allocated by Landlord in Landlord’s discretion, by having lights attached or wired to each adjacent property (including Tenant’s Property) to light the Common Area (in which case Tenant shall operate such lights during such hours as Landlord shall direct), and Tenant shall pay for the cost of maintaining and operating such lighting and utilities on Tenant’s separate electrical meter for which that Tenant shall solely pay as a non-Common Area Cost. Landlord may place monitoring and switching devices on all lighting of the Common Area, as Landlord may determine in its discretion.

Common Area Costs. Tenant shall pay Landlord for Landlord's estimate For purposes of all calculating Tenant’s Allocable Share of Building and of Project Costs, the term “Common Area Costs” shall mean all costs and expenses of the nature hereinafter described which are incurred in connection with ownership, maintenance and operation of the Building or the Project in which the Premises are located, as defined the case may be not directly allocable to or payable by a single tenant in this subparagraphthe Building or the Project, during together with such additional facilities as may be determined by Landlord to be reasonably desirable or necessary to the Lease Termownership and operation of the Building and/or Project. Such payments All costs and expenses shall be made on a monthly basis determined in accordance with Section 4.06, below. All costs incurred by Landlord for the operation and maintenance of the Common Areas located on the Property, or for maintenance of generally accepted accounting principles which the owner of the Property is or shall be liable consistently applied (with accruals appropriate to contribute pursuant to applicable recorded restrictionsLandlord’s business), are herein referred to as "Common Area Costs." Common Area Costs include, including but are not limited to, the following: (i) common area utilities, including water and power and lighting to the extent not separately metered; (ii) common area maintenance and service agreements for the Building or the Project and the equipment therein including, without limitation, common area janitorial services, alarm and security services, exterior window cleaning, and maintenance of sidewalks, landscaping, waterscape, parking areas, and driveways; (iii) insurance premiums and costs, including without limitation, the premiums and cost of fire, casualty and liability coverage and rental abatement and earthquake (if commercially available) insurance applicable to the Building or Project; (iv) repairs, replacements and general maintenance (excluding repairs and general maintenance paid by proceeds of insurance or by Tenant or other third parties, and repairs or alterations attributable solely to tenants of the Building or Project other than Tenant); and (v) all real estate taxes, special assessments, service payments in lieu of taxes, excises, transit charges, housing fund assessment, levies, fees or charges and including any substitutes or additions thereto which may occur during the Lease Term (and Renewal Terms, if any) of this Lease which are assessed, or imposed by any public authority upon the Building or Project, the act of entering this Lease, the occupancy by Tenant, the rent provided for in this Lease and including real estate tax increases due to a sale or transfer of the Building or the Project, in which the Premises are located, as such taxes are levied or appear on the City and County tax bills and assessment rolls. All special assessments shall be paid over the longest period allowed by the taxing authority. This shall be a net lease and the Base Monthly Rent shall be paid to Landlord absolutely net of all costs and expenses expenses, except as otherwise specifically provided in this Lease. The provision for paving maintenance for the private common drive providing access to the Premises from various public streets; Project monument signage and landscaping; all real property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed in the operation or maintenance payment of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing, repaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a reasonable allowance to Landlord for Landlord's supervision of the Common Areas (not to exceed two percent (2%) of the Base Rents of the Premises for the calendar year). Landlord may cause any or all of such services to be provided by third parties and the cost of such services shall be included in Common Area Costs. Common Area Costs shall not include interest by means of periodic payment of Tenant’s Allocable Share of Building and/or Project Costs are intended to pass on debt, capital retirement to Tenant and reimburse Landlord for all costs of debt or depreciation of real property which forms part of operating and managing the Common AreasBuilding and/or Project.

Common Area Costs. Tenant shall pay Landlord for Landlord's ’s estimate of all Common Area Costs, as defined in this subparagraph, during the Lease Term. Such payments shall be made on a monthly basis in accordance with Section 4.06, below. All costs incurred by Landlord for the operation and maintenance of the Common Areas located on the Property, or for maintenance of which the owner of the Property is or shall be liable to contribute pursuant to applicable recorded restrictions, are herein referred to as "“Common Area Costs." ”. Common Area Costs include, but are not limited to, costs and expenses for paving maintenance for the private common drive providing access to the Premises from various public streets; Project monument signage and landscaping; : all real property taxes and assessments levied on or attributable to the Common Areas and all Common Area improvements; all personal property taxes levied on or attributable to personal property used in connection with the Common Areas; straight-line depreciation on personal property owned by Landlord which is consumed in the operation or maintenance of the Common Areas; rental or lease payments paid by Landlord for rented or leased personal property used in the operation or maintenance of the Common Areas; fees for required licenses and permits; repairing, resurfacing, repaving, maintaining, painting, lighting, cleaning, refuse removal, security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and a reasonable allowance (not to exceed five percent (5%) of the Common Area Costs) to Landlord for Landlord's ’s supervision of the Common Areas (not to exceed two percent (2%) of the Base Rents of the Premises for the calendar year)Areas. Landlord may cause any or all of such services to be provided by third parties based upon prevailing market rates and the cost of such services shall be included in Common Area Costs. Common Area Costs shall not include interest on debt, capital retirement of debt or depreciation of real property which forms part of the Common AreasProject; legal fees of Landlord incurred in connection with lease negotiations or enforcement; brokerage commissions; expenses for the renovation of space for new tenants; compensation paid to any employee of Landlord or agent above the grade of Building manager; costs associated with correcting any violation of law; costs due to Landlord’s breach of this Lease; costs relating to any art work or the like; political or charitable contributions; entertainment or travel expenses of Landlord or its employees, agents, partners and affiliates; reserves of any kind, including without limitation, replacement reserves and reserves for bad debts or lost rent or any similar charge not involving the payment of money to third parties; costs incurred in connection with the sale, financing or refinancing of the Project; organizational expenses associated with the creation and operation of the entity which constitutes Landlord; or Landlord’s expenses incurred in construction of tenant finish improvements.