Common use of Common Area Costs Clause in Contracts

Common Area Costs. As used in this Lease, the term "Common Area ----------------- Costs" shall mean all expenses of Landlord with respect to the maintenance, servicing, repairing and operation of the Property, including, but not limited to the following: maintenance, repair, and replacement costs; electricity, fuel, water, sewer, gas and other utility charges; security, window washing and janitorial services; trash and snow and ice removal; landscaping and pest control; 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 the operation and maintenance of the Property; all services, supplies, repairs, replacement or other expenses for maintaining and operating the Property; the cost, including interest, amortized over its useful life, of any capital improvement made to the Property by Landlord after the date of this Lease which is required under any governmental law or regulation that was not applicable 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 and thereby reduces operating expenses; all other expenses which generally would be regarded as operating and maintenance expenses which would reasonably be amortized over a period not to exceed five (5) years; all real property taxes and installments of special assessments, including dues and assessments 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 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 Property. The term operating expenses 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 any 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, or any other tenant. Prior to the Commencement Date, and from time to time thereafter, Landlord shall deliver to Tenant its estimate of the Common Area Costs to be incurred during the then-current calendar year. Landlord may adjust the estimate from time to time during the year to which it relates. Tenant shall have the right to audit Landlord's Books and Records as set forth in the Addendum.

Common Area Costs. As used in this Lease, the term "Common Area ----------------- Costs" shall mean all expenses of Landlord with respect to the maintenance, servicing, repairing and operation of the Property, including, but not limited to the following: maintenance, repair, and replacement costs; electricity, fuel, water, sewer, gas and other utility charges; security, window washing and janitorial services; trash and snow and ice removal; landscaping and pest control; 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 the operation and maintenance of the Property; all services, supplies, repairs, replacement or other expenses for maintaining and operating the Property; the cost, including interest, amortized over its useful life, of any capital improvement made to the Property by Landlord Landlord; after the date of this Lease which is required under any governmental law or regulation that was not applicable 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 and thereby reduces operating expenses; all other expenses which generally would be regarded as operating and maintenance expenses which would reasonably be amortized over a period not to exceed five (5) years; all real property taxes and installments of special assessments, including dues and assessments 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 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 Property. The term operating expenses 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 any 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, or any other tenant. Prior to the Commencement Date, and from time to time thereafter, Landlord shall deliver to Tenant its estimate of the Common Area Costs to be incurred during the then-current calendar year. Landlord may adjust the estimate from time to time during the year to which it relates. Tenant All costs shall have be consistent with the right to audit Landlord's Books and Records as set forth in the Addendum▇▇▇▇▇▇▇ ▇▇▇▇▇▇ market.

Common Area Costs. As used in this Lease, the term "Common Area ----------------- Costs" shall mean all expenses costs incurred in a manner deemed by Landlord to be reasonable and appropriate and for the best interests of Landlord the Shopping Center in connection with respect to the management, operation, maintenance, servicing, repairing replacement and operation repair of the PropertyCommon Areas, including, including but not limited to the following: maintenance, repair, and replacement costs; electricity, fuel, water, sewer, gas and other utility charges; security, window washing and janitorial services; trash and snow and ice removal; landscaping landscaping, utilities, painting, striping, lighting, management fee (4% of gross revenues), administration fee of fifteen percent (15%) of Common Area Costs and pest control; management fees payable to Landlord, Landlord's affiliates control among other items. Common Area Costs shall not include depreciation of costs or third parties; wages and benefits payable to employees of Landlord whose duties are directly connected expenses in connection with the operation original construction and maintenance installation of the Property; all servicesCommon Areas or Common Area Costs which are classified as capital expenditures under generally accepted accounting principles, suppliesprovided, repairshowever, replacement or other expenses for maintaining and operating that the Property; the cost, including interest, amortized over its useful life, costs of any capital improvement made improvements to the Property Common Areas intended to reduce Common Area Costs or as may from time to time be required by Landlord any newly enacted (after the date of this Lease which is required under Lease) laws, ordinances, rules or regulations of any governmental law authority or regulation that was not applicable agency having jurisdiction thereof shall be includable in Common Area Costs to the Property at extent of the time it was constructed; annual amortization thereof over the cost, including interest, amortized over its useful life, life of installation of any device or other equipment which improves the operating efficiency of any system within the Premises and thereby reduces operating expenses; all other expenses which generally would be regarded as operating and maintenance expenses which would reasonably be amortized over a period not to exceed five (5) years; all real property taxes and installments of special assessments, including dues and assessments 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 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 Propertyimprovements. The term operating expenses does Common Area Costs shall not include the following: expenses for repairs, restoration principal 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 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 indebtedness of Landlordentity; compensation 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 employee tenant violated the terms of any lease; costs that are reimbursed to Landlord above the grade by any source (other than additional rent provisions such as this one) (e.g., by way of property manager; any depreciation allowance warranties, insurance or expenses; or operating expenses which are the responsibility of Tenantcondemnation 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. Prior to In view of the Commencement Datefact that Tenant is solely bearing the cost of maintaining, repairing, insuring and from time to time thereafterreplacing all elements of its building, Landlord shall deliver to Tenant its estimate agrees that any share of the Common Area Costs allocated to be incurred during the then-current calendar year. Landlord may adjust Premises shall not include any costs associated with the estimate from time to time during the year to which it relates. Tenant shall have the right to audit Landlord's Books and Records as set forth maintenance, repair, insurance or replacement of any other buildings in the AddendumShopping 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. As used in this LeaseTenant shall pay to Landlord, as additional rent, all costs and expenses incurred to operate, manage, equip, police, light, decorate, repair, replace, clean and maintain the term "Common Areas. Such costs and expenses shall include, without limiting the generality of the foregoing, utility costs; costs of repairing, replacing and improving all installations (including gardens and landscaping); costs of public liability, property damage, vandalism, malicious mischief and other insurance; costs of decorating, painting, lighting, ventilating, air conditioning, cleaning, snow, ice and trash removal for the Building; charges for water, electricity, sanitary control, gas, steam, sewage disposal and other services for the Building (but not any service provided directly for the sole benefit of a specific tenant); pest control and extermination; resurfacing, re-striping, installation or replacement of parking areas, curbs, walkways, landscaping, drainage facilities, lighting facilities, pylon signs, other signs, markers or bumpers; depreciation of equipment; and the cost of security and fire protection. Common Area ----------------- Costs" Costs shall mean include (A) all expenses charges, surcharges and other levies of Landlord whatsoever nature imposed by, and all costs (whether or not capital in nature) of compliance with respect orders or requirements of, any federal, state or local governmental authority regulating environmental, health, safety and other aspects of the Building which are enacted or first interpreted to apply to the maintenance, servicing, repairing and operation of Building after the PropertyCommencement Date, including, but without limitation, the Americans With Disabilities Act (42 USC Sec. 12101 et seq.) and regulations and guidelines thereunder, and all amendments thereto (the “ADA”), (B) all costs of capital improvements which are reasonably calculated to help reduce Common Area operating costs, and (C) reasonable and customary roof maintenance (Tenant’s share of which shall not limited exceed $3,000 in any twelve (12) month period), and periodic re-painting of the Building. The cost of capital improvements will be amortized (with interest imputed at an annual rate of interest equal to the followingthen prime rate of interest plus three percent (3%) charged by The Mechanics Bank) by spreading such costs uniformly over an amortization period in conformance with generally accepted property management practices. Common Area costs shall not include: maintenance(a) leasing commissions, repairattorneys’ fees, costs and replacement costs; electricity, fuel, water, sewer, gas disbursements and other utility charges; securityexpenses incurred in connection with leasing, window washing and janitorial services; trash and snow and ice removal; landscaping and pest control; management fees payable to Landlord, Landlord's affiliates renovating or third parties; wages and benefits payable to employees of Landlord whose duties are directly connected with the operation and maintenance improving space for tenants or prospective tenants of the PropertyBuilding; all services(b) costs incurred by Landlord in the discharge of its obligations under Section 17.01 or Exhibit D; (c) costs (including permit, supplieslicense and inspection fees) incurred in renovating, repairsimproving, replacement decorating, painting and/or redecorating space for tenants or other expenses for maintaining and operating the Propertyvacant space; the cost, including interest, amortized over its useful life, (d) costs incurred due to violation by Landlord of any capital improvement made to of the Property by Landlord after the date terms and conditions of this Lease which is required under or any governmental law or regulation that was not applicable other lease relating to the Property at the time it was constructedBuilding; 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 and thereby reduces operating expenses; all other expenses which generally would be regarded as operating and maintenance expenses which would reasonably be amortized over a period not to exceed five (5e) years; all real property taxes and installments of special assessments, including dues and assessments 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 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 Property. The term operating expenses does not include the following: expenses for repairs, restoration repairs or other work occasioned by fire, windwindstorm, earthquake, or other cause paid for through insurance or condemnation proceeds; (f) repairs resulting from any defect in the original design or construction of the Building; (g) overhead and profit increment paid to Landlord or to subsidiaries or affiliates of Landlord for goods and/or services in or to the Building or Common Areas to the extent the same exceeds the costs of such goods and/or services rendered by unaffiliated third parties on a competitive basis for comparable properties; (h) costs of signs in or on the Building or Common Areas identifying other tenants but not Tenant; (i) costs incurred in connection with causing the Building or the Common Areas, to comply with disability, life, fire and safety codes, ordinances, statutes, or other laws in effect prior to the reference date of the Lease, including, without limitation, the elements ADA, including penalties or damages incurred due to such non-compliance; (j) the premiums of any earthquake or flood insurance carried by Landlord and any deductibles under any insurance policies carried by Landlord, to the extent the deductibles under such other casualty that are covered by insuranceinsurance policies exceed commercially reasonable amounts; income (k) if Landlord maintains commercial general liability insurance with coverages in excess of $1,000,000 per occurrence, then the additional premiums related to coverages in excess of $1,000,000 per occurrence; (l) taxes and franchise taxes tax penalties incurred as a result of Landlord’s negligence, inability or unwillingness to make payments and/or to file any tax or informational returns when due; (m) any costs related to the testing, monitoring, removal or remediation of hazardous substances in, under or about the Building or Common Areas unless arising from Tenant’s acts; (n) any entertainment, dining or travel 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 any mortgage or other indebtedness of Landlord; compensation paid to any employee of Landlord above the grade of property manager; for any depreciation allowance or expenses; or operating expenses which are the responsibility of Tenantpurpose, or any other tenant. Prior to the Commencement Date, and from time to time thereafter, Landlord shall deliver to Tenant its estimate of the Common Area Costs to be incurred during the then-current calendar year. Landlord may adjust the estimate from time to time during the year to which it relates. Tenant shall have the right to audit Landlord's Books and Records as set forth in the Addendum.and

Common Area Costs. As used in this Lease, the term "“Common Area ----------------- Costs" ” shall mean all expenses of Landlord with respect to the maintenance, servicing, repairing and operation of the Property, including, but not limited to the following: maintenance, repair, and replacement costs; electricity, fuel, water, sewer, gas and other utility charges; security, window washing and janitorial services; trash and snow and ice removal; landscaping and pest control; management fees payable to Landlord, Landlord's ’s affiliates or third parties; wages and benefits payable to employees of Landlord whose duties are directly connected with the operation and maintenance of the Property; all services, supplies, repairs, replacement or other expenses for maintaining and operating the Property; the cost, including interest, amortized over its useful life, of any capital improvement made to the Property by Landlord after the date of this Lease which is required under any governmental law or regulation that was not applicable 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 and thereby reduces operating expenses; all other expenses which generally would be regarded as operating and maintenance expenses which would reasonably be amortized over a period not to exceed five (5) years; all real property taxes and installments of special assessments, including dues and assessments by means of deed restrictions and/or owner's ’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 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 Property. The term operating expenses 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 any 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, or any other tenant. Prior to the Commencement Date, and from time to time thereafter, Landlord shall deliver to Tenant its estimate of the Common Area Costs to be incurred during the then-current calendar year. Landlord may adjust the estimate from time to time during the year to which it relates. Tenant shall have the right to audit Landlord's ’s Books and Records as set forth in the Addendum.

Common Area Costs. As used in this Lease“Common Area Costs” shall be defined as all costs of operating the Common Areas, and shall include, but not be limited to, the term "Common Area ----------------- Costs" shall mean all costs and expenses of Landlord with respect to the maintenancefollowing: (a) operating, maintaining, repairing, lighting, servicing, painting and removing debris from and cleaning the Common Areas; (b) the compaction and removal of garbage and trash from the Office Component; (c) maintaining and repairing the roofs, walls, and operation other common elements, including common ducts, conduits and similar items, common fire protection systems, utility, sprinkler and security alarm systems, storm and sanitary drainage systems and other utility systems, signs and decorations, directional signs and markers, and on-and off-site traffic regulation and control signs and devices; (d) premiums for plate glass insurance for glass exclusively serving the Common Areas; (e) reasonable reserves for deferred repairs and maintenance; (f) landscaping located on the Common Areas; (g) the repair and maintenance of the Propertyparking areas or sidewalks, includingincluding striping, but not limited to re-striping and paving thereof; (h) pest control; (i) the following: maintenance, repair, and replacement costsinspection of all machinery and equipment used in the operation, maintenance or security of the Common Areas; electricity, fuel, water, sewer, gas and other utility charges; security, window washing and janitorial services; trash and snow and ice removal; landscaping and pest control; (j) 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 the operation and maintenance of the Property; all services, supplies, repairs, replacement or other expenses for maintaining and operating the Property; the cost, including interest, amortized over its useful life, of any capital improvement made to the Property by Landlord after the date of this Lease which is required under any governmental law or regulation that was not applicable 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 and thereby reduces operating expenses; all other expenses which generally would be regarded as operating and maintenance expenses which would reasonably be amortized over a period rates not to exceed five the amount customarily charged by an independent entity providing management services to similar class buildings in the City of Atlanta; (5k) years; all real property taxes security programs and installments of special assessmentsinitiatives, including dues and assessments by means without limitation the cost 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 any political subdivision thereofsecurity personnel; and all insurance premiums (l) any events undertaken by Landlord is required to pay or deems necessary to payfor the tenants of the Office Component. Tenant acknowledges that certain Common Area Costs are shared by tenants of the Project other than tenants of the Office Component, including public liability insurance, with respect and Landlord shall reasonably allocate such Common Area Costs among Project tenants. Notwithstanding anything herein to the Property. The term operating expenses does contrary, “Common Area Costs” will not include the following: expenses for repairs, restoration or other work occasioned (i) costs incurred 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 Landlord for the renovating repair of space for new tenantsdamage to the Common Areas to the extent that Landlord is reimbursed by insurance proceeds, (ii) costs incurred by Landlord due to its violation of any tenant lease or the Governing Instruments, (iii) costs incurred by Landlord to comply with the “CAP” (as those terms are defined in Section 31.14 hereof) or otherwise related to the removal of Hazardous Substances (as hereinafter defined) existing at the Demised Premises as of the date hereof; interest (iv) interest, principal, points and fees on debts or principal payments amortization on any 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, mortgages or any other tenant. Prior to debt instrument encumbering the Commencement Date, and from time to time thereafter, Landlord shall deliver to Tenant its estimate of Office Component or the property on which the Project stands or any ground rents; (v) costs for bringing the Common Area Costs into compliance with any applicable law that exists on the date of this Lease; (vi) operating costs of the parking decks and lots to be incurred during the then-current calendar year. extent of parking fees or charges received by Landlord may adjust from other tenants or visitors; and (vii) cost of repairs necessitated by the estimate from time to time during the year to which it relates. Tenant shall have the right to audit Landlord's Books and Records as set forth in the Addendumnegligence or willful misconduct of Landlord or its agents, contractors or employees.