Common use of Common Area Maintenance Costs Clause in Contracts

Common Area Maintenance Costs. The total of all costs and expenses paid or incurred by Landlord in connection with the operation, maintenance, ownership and repair of the Common Area, and the performance of Landlord's obligations under PARAGRAPHS 17.A, and the exercise of Landlord's rights under PARAGRAPH 17.D. Without limiting the generality of the foregoing, Common Area Maintenance Costs include all costs of and expense for: (i) maintenance and repairs of the Common Area; (ii) resurfacing, resealing, remarking, painting, repainting, striping or restriping the Parking Area; (iii) maintenance and repair of all public or common facilities; (iv) maintenance, repair and replacement of sidewalks, curbs, paving, walkways, Parking Area, Project signs, landscaping, planting and irrigation systems, trash facilities, loading and delivery areas, lighting, drainage and common utility facilities, directional or other signs, markers and bumpers, and any fixtures, equipment and personal property located on the Common Area; (v) wages, salaries, benefits, payroll burden fees and charges of personnel employed by Landlord and the charges of all independent contractors retained by Landlord (to the extent that such personnel and contractors are utilized by Landlord) for the maintenance, repair, management and/or supervision of the Project, and of any security personnel retained by Landlord in connection with the operation and maintenance of the Common Area (although Landlord shall not be required to obtain security services); (vi) maintenance, repair and replacement of security systems and alarms installed by Landlord (if any); (vii) depreciation or amortization (or in lieu thereof, rental payments) on all tools, equipment and machinery used in the operation and maintenance of the Common Area; (viii) premiums for Comprehensive General Liability Insurance or Commercial General Liability Insurance, casualty insurance, workers' compensation insurance or other insurance on the Common Area, or any portion thereof or interest therein, and any deductibles payable with respect to such insurance policies; (ix) all personal property or real property taxes and assessments levied or assessed on the Project, or any portion thereof or interest therein, including without limitation the Real Property Taxes for the Project, if applicable under PARAGRAPH 15 A; (x) cleaning, collection, storage and removal of trash, rubbish, dirt and debris, and sweeping and cleaning the Common Area; (xi) legal, accounting and other professional services for the Project, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating Co the Building, and of contesting, appealing or otherwise attempting to reduce any Real Property Taxes assessed against the Project; (xii) any alterations, additions or improvements required to be made to the Common Area in order to reduce Common Area Maintenance Costs or to protect the health or safety of occupants of the Project, but only to the extent of any actual cost savings realized thereby (provided that if the cost of any such alterations, additions or improvements during any year exceeds the amount of cost savings realized thereby for that year, Landlord may in its sole discretion elect to include such excess amounts in Common Area Maintenance Costs for the following year, but only to the extent of any actual cost savings realized during such year by reason of such alterations, additions or improvements); (xiii) all costs and expenses of providing, creating, maintaining, repairing, managing, operating, and supervising an amenity center for the Project, which may include without limitation a dining facility (provided, however, that Landlord shall not be required to provide or create such an amenity center), which costs and expenses may include without limitation rent charged by Landlord for the space occupied by such amenity center; (xiv) all costs and expenses incurred by Landlord in performing its obligations under PARAGRAPHS 17 A or exercising its rights under PARAGRAPH 17 D, including without limitation all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders (to the extent that such laws, ordinances, rules, regulations and orders are either enacted after, or become applicable to the Building due to an amendment thereto that becomes effective after, the Commencement Date) and all capital improvements required to made in connection with the operation, maintenance and repair of the Building, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; (xv) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Common Area in order to comply with applicable laws, ordinances, rules, regulations and orders and all capital improvements required to made in connection with the operation, maintenance and repair of the Common Area, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; and (xvi) any and all payments due and owing on behalf of the Project or any portion thereof with respect to any CC&Rs, including without limitation any and all assessments and association dues. However, notwithstanding the foregoing or anything to the contrary in this Lease, Common Area Maintenance Costs shall not include the cost of or expenses for the following. (A) leasing commissions, attorneys' fees or other costs or expenses incurred in connection with negotiations or disputes with other tenants of the Project; (B) depreciation of buildings in the Project; (C) payments of principal, interest, late fees, prepayment fees or other charges on any debt secured by a mortgage covering the Project, or rental payments under any ground lease or underlying lease; (D) any penalties incurred due to Landlord's violation of any governmental rule or authority (but not excluding the cost of compliance therewith, if such cost is chargeable to Tenant pursuant to this Lease); (E) any Real Property Taxes or costs for which Landlord is separately and directly reimbursed by Tenant or any other tenant of the Project which are assessed against the Premises or the premises leased by such other tenant(s); (F) items for which Landlord is reimbursed by insurance; (G) all costs associated with the operation of the business of the entity which constitutes "Landlord" (as distinguished from the costs of operations, the costs described in clause (v) of this PARAGRAPH 3.H, and the property management fee described in PARAGRAPH 5.C below), including, but not limited to, costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging, or hypothecating any of the Landlord's interest in the Project and/or Common Area, or any portion thereof, costs of any disputes between Landlord and its employees, costs of disputes of Landlord with Building management or costs paid in connection with disputes with Tenant or any other tenants; (H) all costs (including permit, license and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for other tenants in the Project; (I) the creation of any reserves for equipment or capital replacement (but not the expenditure of any funds from such reserves); (J) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises to the extent that either (1) Landlord (who shall use reasonable efforts to obtain reimbursement) is actually reimbursed by third parties for such costs (but not the costs of collection incurred by Landlord, unless such costs of collection are also reimbursed by third parties), or (2) such release of Hazardous Materials occurred prior to the Commencement Date and did not arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below; (K) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders, to the extent that such laws, ordinances, rules, regulations and orders are enacted before the Commencement Date (unless any such law, ordinance, rule, regulation or order becomes applicable to the Building due to an amendment that becomes effective after the Commencement Date, in which event such costs and expenses shall be includable in Common Area Maintenance Costs); and (L) all costs and expenses incurred in removing asbestos-containing materials from, or encapsulating asbestos-containing materials within, the Premises. Notwithstanding anything to the contrary in the definition of Common Area Maintenance Costs set forth in this Lease, Common Area Maintenance Costs shall not include the following:

Common Area Maintenance Costs. The total of all costs and ----------------------------- expenses paid or incurred by Landlord in connection with the operation, maintenance, ownership and repair of the Common Area, and the performance of Landlord's obligations under PARAGRAPHS 17.A, Paragraphs 17.A and the exercise of Landlord's rights under PARAGRAPH 17.D. 17.E. Without limiting the --------------- ---- generality of the foregoing, Common Area Maintenance Costs include all costs of and expense for: (i) maintenance and repairs of the Common Area; (ii) resurfacing, resealing, remarking, painting, repainting, striping or restriping the Parking Area; (iii) maintenance and repair of all public or common facilities; (iv) maintenance, repair and replacement of sidewalks, curbs, paving, walkways, Parking Area, Project signs, landscaping, planting and irrigation systems, trash facilities, loading and delivery areas, lighting, drainage and common utility facilities, directional or other signs, markers and bumpers, and any fixtures, equipment and personal property located on the Common Area; (v) wages, salaries, benefits, payroll burden fees and charges of personnel employed by Landlord and the charges of all independent contractors retained by Landlord (to the extent that such personnel and contractors are utilized by Landlord) for the maintenance, repair, management and/or supervision of the Project, and of any security personnel retained by Landlord in connection with the operation and maintenance of the Common Area (although Landlord shall not be required to obtain security services); (vi) maintenance, repair and replacement of security systems and alarms installed by Landlord (if any); (vii) depreciation or amortization (or in lieu thereof, rental payments) on all tools, equipment and machinery used in the operation and maintenance of the Common Area; (viii) premiums for Comprehensive General Liability Insurance or Commercial General Liability Insurance, casualty insurance, workers' workers compensation insurance or other insurance on the Common Area, or any portion thereof or interest therein, and any deductibles payable with respect to such insurance policies; (ix) all personal property or real property taxes and assessments levied or assessed on the Project, or any portion thereof or interest therein, including without limitation the Real Property Taxes for the Project, if applicable under PARAGRAPH 15 AParagraph 15.A; (x) cleaning, collection, -------------- storage and removal of trash, rubbish, dirt and debris, and sweeping and cleaning the Common Area; (xi) legal, accounting and other professional services for the Project, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating Co to the Building, and of contesting, appealing or otherwise attempting to reduce any Real Property Taxes assessed against the Project; (xii) any alterations, additions or improvements required to be made to the Common Area in order to reduce Common Area Maintenance Costs or to protect the health or safety of occupants of the Project, but only to the extent of any actual cost savings realized thereby (provided that if the cost of any such alterations, additions additions, improvements or improvements during any year exceeds capital improvements, together with interest at the amount Interest Rate, shall be amortized over the useful life of cost savings realized thereby for that yearthe alteration, Landlord may addition, improvement or capital improvement in its sole discretion elect to include such excess amounts question and included in Common Area Maintenance Costs for the following year, but only to the extent of any actual cost savings realized during each year over which such year by reason of such alterations, additions or improvements)costs are amortized; (xiii) all costs and expenses of providing, creating, maintaining, repairing, managing, operating, and supervising an amenity center for the Project, which may include without limitation a dining facility (provided, however, that Landlord shall not be required to provide or create such an amenity center), which costs and expenses may include without limitation rent charged by Landlord for the space occupied by such amenity center; (xiv) all costs and expenses incurred by Landlord in performing its obligations under PARAGRAPHS 17 A Paragraphs 17.A or exercising its rights under PARAGRAPH 17 D17.E, including ----------------------- without limitation all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders (to the extent that such laws, ordinances, rules, regulations and orders are either enacted after, or become applicable to the Building due to an amendment thereto that becomes effective after, the Commencement Date) and all capital improvements required to made in connection with the operation, maintenance and repair of the Building, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; (xv) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Common Area in order to comply with applicable laws, ordinances, rules, regulations and orders and all capital improvements required to made in connection with the operation, maintenance and repair of the Common Area, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; and (xvi) any and all payments due and owing on behalf of the Project or any portion thereof with respect to any CC&Rs, including without limitation any and all assessments and association dues; (xvii) any other cost or expense which this Lease expressly characterizes as a Common Area Maintenance Cost, and (xviii) all costs and expenses related to the adoption and maintenance of a portion of Highway 101. However, notwithstanding the foregoing or anything to the contrary in this Lease, Common Area Maintenance Costs shall not include the cost of or expenses for the following. : (A) leasing commissions, attorneys' fees or other costs or expenses incurred in connection with negotiations or disputes with other tenants of the Project; (B) depreciation of buildings in the Project; (C) payments of principal, interest, late fees, prepayment fees or other charges on any debt secured by a mortgage covering the Project, or rental payments under any ground lease or underlying lease; (D) any penalties incurred due to Landlord's violation of any governmental rule or authority (but not excluding the cost of compliance therewith, if such cost is chargeable to Tenant pursuant to this Lease); (E) any Real Property Taxes or costs for which Landlord is separately and directly reimbursed by Tenant or any other tenant of the Project which are assessed against the Premises or the premises leased by such other tenant(s); (F) items for which Landlord is reimbursed by insurance; (G) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises that has been specifically identified by Landlord and Tenant in writing as of the date of the Lease; (H) all costs associated with the operation of the business of the entity which constitutes "Landlord" (", as distinguished from the costs of operations, the costs described in clause (v) of this PARAGRAPH 3.H, and the property management fee described in PARAGRAPH 5.C below), including, but not limited to, costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging, or hypothecating any of the Landlord's interest in the Project and/or Common Area, or any portion thereof, costs of any disputes between Landlord and its employees, costs of disputes of Landlord with Building management or costs paid in connection with disputes with Tenant or any other tenants; (HI) all costs (including permit, license and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for other tenants in the Project; (IJ) the creation of any reserves for equipment or capital replacement (but not the expenditure of any funds from such reserves); and (JK) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises to the extent that either (1) Landlord (who shall use reasonable efforts to obtain reimbursement) is actually reimbursed by third parties for such costs (but not the costs of collection incurred by Landlord, unless such costs of collection are also reimbursed by third parties), or (2) such release of Hazardous Materials occurred prior to the Commencement Date and did not arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below; (K) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders, to the extent that such laws, ordinances, rules, regulations and orders are enacted before the Commencement Date (unless any such law, ordinance, rule, regulation or order becomes applicable to the Building due to an amendment that becomes effective after the Commencement Date, in which event such costs and expenses shall be includable in Common Area Maintenance Costs); and (L) all costs and expenses incurred in removing asbestos-containing materials from, or encapsulating asbestos-containing materials within, the Premises. Notwithstanding anything to the contrary in the definition of Common Area Maintenance Costs set forth in this Lease, Common Area Maintenance Costs shall not include the following:.

Common Area Maintenance Costs. The total of Common Area Maintenance Costs mean, without limitation: all costs and expenses paid or incurred sums expended by Landlord in connection with for the operation, maintenance, ownership maintenance and repair operation of the Common Area, and the performance of Landlord's obligations under PARAGRAPHS 17.A, and the exercise of Landlord's rights under PARAGRAPH 17.D. Without limiting the generality of the foregoing, Common Area Maintenance Costs include all costs of and expense for: (i) maintenance and repairs of the Common Area; (ii) resurfacing, resealing, remarking, painting, repainting, striping or restriping the Parking Area; (iii) maintenance and repair of all public or common facilities; (iv) maintenance, repair and replacement of sidewalks, curbs, paving, walkways, Parking Area, Project signs, landscaping, planting and irrigation systems, trash facilities, loading and delivery areas, lighting, drainage and common utility facilities, directional or other signs, markers and bumpers, and any fixtures, equipment and personal property located on the Common Area; (v) wages, salaries, benefits, payroll burden fees and charges of personnel employed by Landlord and the charges of all independent contractors retained by Landlord (to the extent that such personnel and contractors are utilized by Landlord) for the maintenance, repair, management and/or supervision of the Project, and of any security personnel retained by Landlord in connection with the operation and maintenance of the Common Area (although Landlord shall not be required to obtain security services); (vi) maintenance, repair and replacement of security systems and alarms installed by Landlord (if any); (vii) depreciation or amortization (or in lieu thereof, rental payments) on all tools, equipment and machinery used in the operation and maintenance of the Common Area; (viii) premiums for Comprehensive General Liability Insurance or Commercial General Liability Insurance, casualty insurance, workers' compensation insurance or other insurance on the Common Area, or any portion thereof or interest therein, and any deductibles payable with respect to such insurance policies; (ix) all personal property or real property taxes and assessments levied or assessed on the Project, or any portion thereof or interest therein, including without limitation the Real Property Taxes for the Project, if applicable under PARAGRAPH 15 A; (x) cleaning, collection, storage and removal of trash, rubbish, dirt and debris, and sweeping and cleaning the Common Area; (xi) legal, accounting and other professional services for the Project, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating Co the Building, and of contesting, appealing or otherwise attempting to reduce any Real Property Taxes assessed against the Project; (xii) any alterations, additions or improvements required to be made to the Common Area in order to reduce Common Area Maintenance Costs or to protect the health or safety of occupants of the Project, but only to the extent of any actual cost savings realized thereby (provided that if the cost of any such alterations, additions or improvements during any year exceeds the amount of cost savings realized thereby for that year, Landlord may in its sole discretion elect to include such excess amounts in Common Area Maintenance Costs for the following year, but only to the extent of any actual cost savings realized during such year by reason of such alterations, additions or improvements); (xiii) all costs and expenses of providing, creating, maintaining, repairing, managing, operating, and supervising an amenity center for the Project, which may include without limitation a dining facility (provided, however, that Landlord shall not be required to provide or create such an amenity center), which costs and expenses may include without limitation rent charged by Landlord for the space occupied by such amenity center; (xiv) all costs and expenses incurred by Landlord in performing its obligations under PARAGRAPHS 17 A or exercising its rights under PARAGRAPH 17 D, including without limitation all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders (to the extent that such laws, ordinances, rules, regulations and orders are either enacted after, or become applicable to the Building due to an amendment thereto that becomes effective after, the Commencement Date) and all capital improvements required to made in connection with the operation, maintenance and repair of the Building, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; (xv) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Common Area in order to comply with applicable laws, ordinances, rules, regulations and orders and all capital improvements required to made in connection with the operation, maintenance and repair of the Common Area, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; and (xvi) any and all payments due and owing on behalf of the Project or any portion thereof with respect to any CC&Rs, including without limitation any and all assessments and association dues. However, notwithstanding the foregoing or anything to the contrary in this Lease, Common Area Maintenance Costs shall not include the cost of or expenses for the following. (A) leasing commissions, attorneys' fees or other costs or expenses incurred in connection with negotiations or disputes with other tenants of the Project; (B) depreciation of buildings in the Project; (C) payments of principal, interest, late fees, prepayment fees or other charges on any debt secured by a mortgage covering the Project, or rental payments under any ground lease or underlying lease; (D) any penalties incurred due to Landlord's violation of any governmental rule or authority (but not excluding the cost of compliance therewith, if such cost is chargeable to Tenant pursuant to this Lease); (E) any Real Property Taxes or costs for which Landlord is separately and directly reimbursed by Tenant or any other tenant of the Project which are assessed against the Premises or the premises leased by such other tenant(s); (F) items for which Landlord is reimbursed by insurance; (G) all costs associated with the operation of the business of the entity which constitutes "Landlord" (as distinguished from the costs of operations, the costs described in clause (v) of this PARAGRAPH 3.H, and the property management fee described in PARAGRAPH 5.C below), including, but not limited to, salaries, wages, benefits, pension payments, payroll taxes, worker’s compensation insurance, and other costs related to employees engaged in the operation, maintenance and/or repair of the Complex, including the cost for on-site management offices; all items of cost related to the maintenance, operation, security and management of the Complex, including maintenance, repair and replacement of intrabuilding cabling network (ICN), if any, and maintaining and operating the heating, ventilation and air-conditioning equipment and related distribution facilities and controls providing climatic control for the enclosed mall; a management fee; an administrative fee equal to fifteen percent (15%) of the charges for Common Area Maintenance Costs, Insurance Costs and the cost of the license fees related to the Complex; the cost of compliance with all applicable laws now or hereafter put in effect and any governing covenants, conditions or restrictions; reasonable attorneys’ fees and/or consultant fees incurred by Landlord in contracting with a company or companies to provide electricity (or any other utility) to the Complex, any fees for the installation, maintenance, repair or removal of related equipment, and any exit fees or stranded cost charges mandated by the State; the cost and expense for third-party consultants, accountants and attorneys; resurfacing and re-striping the parking area, repainting, cleaning, sweeping, and other janitorial services; purchase, construction, and maintenance of refuse receptacles; planting and landscaping; snow and ice removal; directional signs and other markers, car stops, lighting and other utilities; energy studies and the amortized cost of any energy or other cost saving equipment (including the amortized cost to upgrade the efficiency or capacity of Complex telecommunications lines, as identified and discussed in Section 38. hereof); reasonable depreciation allowance on improvements, machinery, and equipment used in connection with the Common Area; and any other costs necessary in Landlord’s judgment for the maintenance and operation of the Common Area. Notwithstanding the foregoing, the following shall not be included within Common Area Maintenance Costs: (i) costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee capital improvements (except as otherwise set forth hereinabove and except any improvements that might be deemed “capital improvements” related to the actions enhancement or upgrade of Tenant may be in issue), the ICN and related equipment) and costs of sellingcuring design or construction defects; (ii) depreciation; (iii) interest and principal payments on mortgages and other debt costs and ground lease payments, syndicatingif any, financingand any penalties assessed as a result of Landlord’s late payments of such amounts; (iv) real estate broker leasing commissions or compensation; (v) any cost or expenditure (or portion thereof) for which Landlord is reimbursed, mortgagingwhether by insurance proceeds or otherwise; (vi) attorneys’ fees, or hypothecating any costs, disbursements, advertising and marketing and other expenses incurred in connection with the negotiation of leases with prospective tenants of the Building; (vii) rent for space which is not actually used by Landlord in connection with the management and operation of the Building; (viii) all costs or expenses (including fines, penalties and legal fees) incurred due to the violation by Landlord's interest in , its employees, agents, contractors or assigns of the Project and/or Common Areaterms and conditions of the Lease, or any portion thereofvalid, costs of applicable building code, governmental rule, regulation or law; (ix) except for the referenced management compensation, any disputes between Landlord and its employees, costs of disputes overhead or profit increments to any subsidiary or affiliate of Landlord with Building management for services on or costs paid in connection with disputes with Tenant or any other tenants; (H) all costs (including permit, license and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for other tenants in the Project; (I) the creation of any reserves for equipment or capital replacement (but not the expenditure of any funds from such reserves); (J) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises to the extent that either (1) Landlord (who shall use reasonable efforts to obtain reimbursement) is actually reimbursed by third parties for such costs (but not the costs of collection incurred by Landlord, unless such costs of collection are also reimbursed by third parties), or (2) such release of Hazardous Materials occurred prior to the Commencement Date and did not arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below; (K) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and ordersComplex, to the extent that the costs of such laws, ordinances, rules, regulations and orders are enacted before services exceed competitive costs for such services; (x) the Commencement Date cost of constructing tenant improvements for Tenant or any other tenant of the Shopping Center or Complex; (unless any such law, ordinance, rule, regulation or order becomes applicable to the Building due to an amendment that becomes effective after the Commencement Date, in which event such costs and expenses shall be includable in Common Area Maintenance Costs); and (Lxi) all costs and expenses incurred in removing asbestos-containing materials from, or encapsulating asbestos-containing materials within, the Premises. Notwithstanding anything to the contrary in the definition of Common Area Maintenance Costs set forth in this Leasespecially charged to and paid by any other tenant of the Shopping Center or Complex; and (xii) the cost of special services, Common Area Maintenance Costs shall not include goods or materials provided to any other tenant of the following:Shopping Center or Complex.

Common Area Maintenance Costs. The total of all costs and expenses ----------------------------- paid or incurred by Landlord in connection with the operation, maintenance, ownership and repair of the Common Area, the Building, and the performance of Landlord's obligations under PARAGRAPHS 17.A, and the exercise of Landlord's rights under PARAGRAPH 17.D. Paragraph 17.A. Without limiting the generality of -------------- the foregoing, Common Area Maintenance Costs include all costs of and expense expenses for: (i) maintenance and repairs of the Common Area; (ii) resurfacing, resealing, remarking, painting, repainting, striping or restriping the Parking Area; (iii) maintenance and repair of all public or common facilities; (iv) maintenance, repair and replacement of sidewalks, curbs, paving, walkways, Parking Area, Project signs, landscaping, planting and irrigation systems, trash facilities, loading and delivery areas, lighting, drainage and common utility facilities, directional or other signs, markers and bumpers, and any fixtures, equipment and personal property located on the Common Area; (v) wages, salaries, benefits, payroll burden fees and charges of personnel employed by Landlord (excluding personnel having a grade of Vice President or above) and the charges of all independent contractors retained by Landlord (to the extent that such personnel and contractors are utilized by Landlord) for the maintenance, repair, management and/or supervision of the Project, and of any security personnel retained by Landlord in connection with the operation and maintenance of the Common Area (although Landlord shall not be required to obtain security services); (vi) maintenance, repair and replacement of security systems and alarms installed by Landlord (if any)alarms; (vii) depreciation or amortization (or in lieu thereof, rental payments) on all tools, equipment and machinery used in the operation and maintenance of the Common Area; (viii) premiums for Comprehensive General Liability Insurance or Commercial General Liability Insurance, casualty insurance, workers' workers compensation insurance or other insurance on the Common Area, the Project, the buildings located at the Project, or any portion thereof or interest therein, and any deductibles payable with respect to such insurance policies; (ixviii) all personal property or real property taxes and assessments levied or assessed on the Project, or any portion thereof or interest therein, including without limitation Tenant's Percentage Share of the Real Property Taxes for the Project, if applicable under PARAGRAPH 15 AParagraph 15.A; (xix) cleaning, collection, storage and -------------- removal of trash, rubbish, dirt and debris, and sweeping and cleaning the Common Area; (x) any alterations, additions or improvements required to be made to the Common Area in order to comply with applicable governmental laws, ordinances, rules, regulations and orders that become effective after the date of this Lease; (xi) legal, accounting and other professional services for the Project, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating Co to the Building, and of contesting, appealing or otherwise attempting to reduce any Real Property Taxes assessed against the Project; (xii) any alterations, additions or improvements required to be made to the Common Area in order to reduce Common Area Maintenance Costs or to protect the health or safety of occupants of the Project, but only to the extent of any actual cost savings realized thereby (provided that if the cost of any such alterations, additions or improvements during any year exceeds the amount of cost savings realized thereby for that year, Landlord may in its sole discretion elect to include such excess amounts in Common Area Maintenance Costs for the following year, but only to the extent of any actual cost savings realized during such year by reason of such alterations, additions or improvements); (xiii) all costs and expenses of providing, creating, maintaining, repairing, managing, operating, and supervising an amenity center for the Project, which may include without limitation a dining facility (provided, however, that Landlord shall not be required to provide or create such an amenity center), which costs and expenses may include without limitation rent charged by Landlord for the space occupied by such amenity center; (xiv) all costs and expenses incurred by Landlord in performing its obligations under PARAGRAPHS 17 A or exercising its rights under PARAGRAPH 17 DParagraph 17.A, including without -------------- limitation all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders (to that become effective after the extent that such lawsdate of this Lease, ordinances, rules, regulations and orders are either enacted after, or become applicable to the Building due to an amendment thereto that becomes effective after, the Commencement Date) and all capital improvements required to be made in connection with the operation, maintenance and repair of the Building, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; (xvxiii) all costs and expenses incurred in performing any alterations, additions other cost or improvements required to be made to the Common Area in order to comply with applicable laws, ordinances, rules, regulations and orders and all capital improvements required to made in connection with the operation, maintenance and repair of the Common Area, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in expense which this Lease expressly characterizes as a Common Area Maintenance Costs for each year over which such costs are amortizedCost; and (xvixiv) any and all payments due and owing on behalf of the Project or any portion thereof with respect to any CC&Rscovenants, conditions, and restrictions encumbering the Project, including without limitation any and all assessments and association dues. However, notwithstanding the foregoing or anything to the contrary in this Lease, Common Area Maintenance Costs shall not include the cost of or expenses for the following. ; and (A) leasing commissions, attorneys' fees or other costs or expenses incurred in connection with negotiations or disputes with other tenants of the Project; (B) depreciation of buildings in the Project; (C) payments of principal, interest, late fees, prepayment fees or other charges on any debt secured by a mortgage covering the Project, or rental payments under any ground lease or underlying lease; (D) any penalties incurred due to Landlord's violation of any governmental rule or authority (but not excluding the cost of compliance therewith, if such cost is chargeable to Tenant pursuant to this Lease); (E) any Real Property Taxes or costs for which Landlord is separately and directly reimbursed by Tenant or any other tenant of the Project which are assessed against the Premises or the premises leased by such other tenant(s); (F) items for which Landlord is reimbursed by insurance; (G) all costs associated with the operation of the business of the entity which constitutes "Landlord" (as distinguished from the costs of operations, the costs described in clause (v) of this PARAGRAPH 3.H, and the property management fee described in PARAGRAPH 5.C below), including, but not limited to, costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging, or hypothecating any of the Landlord's interest in the Project and/or Common Area, or any portion thereof, costs of any disputes between Landlord and its employees, costs of disputes of Landlord with Building management or costs paid in connection with disputes with Tenant or any other tenants; (H) all costs (including permit, license and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for other tenants in the Project; (I) the creation of any reserves for equipment or capital replacement (but not the expenditure of any funds from such reserves); (J) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises to the extent that either (1) Landlord (who shall use reasonable efforts to obtain reimbursement) is actually reimbursed by third parties for such costs (but not the costs of collection incurred by Landlord, unless such costs of collection are also reimbursed by third parties), or (2) such release of Hazardous Materials occurred prior to the Commencement Date and did not arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below; (Kxv) all costs and expenses incurred in performing any alterationsof providing, additions or improvements required to be made to the Building in order to comply with applicable lawscreating, ordinancesmaintaining, rulesrepairing, regulations managing, operating, and orderssupervising an amenity center, to the extent that such laws, ordinances, rules, regulations and orders are enacted before the Commencement Date (unless any such law, ordinance, rule, regulation or order becomes applicable to the Building due to an amendment that becomes effective after the Commencement Date, in which event such costs and expenses shall be includable in Common Area Maintenance Costs); and (L) all costs and expenses incurred in removing asbestos-containing materials from, or encapsulating asbestos-containing materials within, the Premises. Notwithstanding anything to the contrary in the definition of Common Area Maintenance Costs set forth in this Lease, Common Area Maintenance Costs shall not include the following:including a

Common Area Maintenance Costs. The total of all costs and expenses paid or incurred by Landlord in connection with the operation, maintenance, ownership and repair of the Common Area, and the performance of Landlord's obligations under PARAGRAPHS 17.A, and the exercise of Landlord's rights under PARAGRAPH 17.D. Without limiting the generality of the foregoing, Common Area Maintenance Costs include all costs of and expense for: (i) maintenance and repairs of the Common Area; (ii) resurfacing, resealing, remarking, painting, repainting, striping or restriping the Parking Area; (iii) maintenance and repair of all public or common facilities; (iv) maintenance, repair and replacement of sidewalks, curbs, paving, walkways, Parking Area, Project signs, landscaping, planting and irrigation systems, trash facilities, loading and delivery areas, lighting, drainage and common utility facilities, directional or other signs, markers and bumpers, and any fixtures, equipment and personal property located on the Common Area; (v) wages, salaries, benefits, payroll burden fees and charges of personnel employed by Landlord and the charges of all independent contractors retained by Landlord (to the extent that such personnel and contractors are utilized by Landlord) for the maintenance, repair, management and/or supervision of the Project, and of any security personnel retained by Landlord in connection with the operation and maintenance of the Common Area (although Landlord shall not be required to obtain security services); (vi) maintenance, repair and replacement of security systems and alarms installed by Landlord (if any); (vii) depreciation or amortization (or in lieu thereof, rental payments) on all tools, equipment and machinery used in the operation and maintenance of the Common Area; (viii) premiums for Comprehensive General Liability Insurance or Commercial General Liability Insurance, casualty insurance, workers' compensation insurance or other insurance on the Common Area, or any portion thereof or interest therein, and any deductibles payable with respect to such insurance policies; (ix) all personal property or real property taxes and assessments levied or assessed on the Project, or any portion thereof or interest therein, including without limitation the Real Property Taxes for the Project, if applicable under PARAGRAPH 15 A15.A; (x) cleaning, collection, storage and removal of trash, rubbish, dirt and debris, and sweeping and cleaning the Common Area; (xi) legal, accounting and other professional services for the Project, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating Co to the Building, and of contesting, appealing or otherwise attempting to reduce any Real Property Taxes assessed against the Project; (xii) any alterations, additions or improvements required to be made to the Common Area in order to reduce Common Area Maintenance Costs or to protect the health or safety of occupants of the Project, but only to the extent of any actual cost savings realized thereby (provided that if the cost of any such alterations, additions or improvements during any year exceeds the amount of cost savings realized thereby for that year, Landlord may in its sole discretion elect to include such excess amounts in Common Area Maintenance Costs for the following year, but only to the extent of any actual cost savings realized during such year by reason of such alterations, additions or improvements); (xiii) all costs and expenses of providing, creating, maintaining, repairing, managing, operating, and supervising an amenity center for the Project, which may include without limitation a dining facility (provided, however, that Landlord shall not be required to provide or create such an amenity center), which costs and expenses may include without limitation rent charged by Landlord for the space occupied by such amenity center; (xiv) all costs and expenses incurred by Landlord in performing its obligations under PARAGRAPHS 17 A 17.A or exercising its rights under PARAGRAPH 17 D17.D, including without limitation all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders (to the extent that such laws, ordinances, rules, regulations and orders are either enacted after, or become applicable to the Building due to an amendment thereto that becomes effective after, the Commencement Date) and all capital improvements required to made in connection with the operation, maintenance and repair of the Building, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; (xv) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Common Area in order to comply with applicable laws, ordinances, rules, regulations and orders and all capital improvements required to made in connection with the operation, maintenance and repair of the Common Area, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; and (xvi) any and all payments due and owing on behalf of the Project or any portion thereof with respect to any CC&Rs, including without limitation any and all assessments and association dues. However, notwithstanding the foregoing or anything to the contrary in this Lease, Common Area Maintenance Costs shall not include the cost of or expenses for the following. : (A) leasing commissions, attorneys' fees or other costs or expenses incurred in connection with negotiations or disputes with other tenants of the Project; (B) depreciation of buildings in the Project; (C) payments of principal, interest, late fees, prepayment fees or other charges on any debt secured by a mortgage covering the Project, or rental payments under any ground lease or underlying lease; (D) any penalties incurred due to Landlord's violation of any governmental rule or authority (but not excluding the cost of compliance therewith, if such cost is chargeable to Tenant pursuant to this Lease); (E) any Real Property Taxes or costs for which Landlord is separately and directly reimbursed by Tenant or any other tenant of the Project which are assessed against the Premises or the premises leased by such other tenant(s); (F) items for which Landlord is reimbursed by insurance; (G) all costs associated with the operation of the business of the entity which constitutes "Landlord" (as distinguished from the costs of operations, the costs described in clause (v) of this PARAGRAPH 3.H, and the property management fee described in PARAGRAPH 5.C below), including, but not limited to, costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging, or hypothecating any of the Landlord's interest in the Project and/or Common Area, or any portion thereof, costs of any disputes between Landlord and its employees, costs of disputes of Landlord with Building management or costs paid in connection with disputes with Tenant or any other tenants; (H) all costs (including permit, license and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for other tenants in the Project; (I) the creation of any reserves for equipment or capital replacement (but not the expenditure of any funds from such reserves); (J) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises to the extent that either (1) Landlord (who shall use reasonable efforts to obtain reimbursement) is actually reimbursed by third parties for such costs (but not the costs of collection incurred by Landlord, unless such costs of collection are also reimbursed by third parties), or (2) such release of Hazardous Materials occurred prior to the Commencement Date and did not arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below; (K) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders, to the extent that such laws, ordinances, rules, regulations and orders are enacted before the Commencement Date (unless any such law, ordinance, rule, regulation or order becomes applicable to the Building due to an amendment that becomes effective after the Commencement Date, in which event such costs and expenses shall be includable in Common Area Maintenance Costs); and (L) all costs and expenses incurred in removing asbestos-containing materials from, or encapsulating asbestos-containing materials within, the Premises. Notwithstanding anything to the contrary in the definition of Common Area Maintenance Costs set forth in this Lease, Common Area Maintenance Costs shall not include the following:

Common Area Maintenance Costs. The total of all costs and ----------------------------- expenses paid or incurred by Landlord in connection with the operation, maintenance, ownership and repair of the Common Area, and the performance of Landlord's obligations under PARAGRAPHS 17.A, Paragraphs 17.A and the exercise of Landlord's rights under PARAGRAPH 17.D. 17.E. Without limiting the --------------- ---- generality of the foregoing, Common Area Maintenance Costs include all costs of and expense for: (i) maintenance and repairs of the Common Area; (ii) resurfacing, resealing, remarking, painting, repainting, striping or restriping the Parking Area; (iii) maintenance and repair of all public or common facilities; (iv) maintenance, repair and replacement of sidewalks, curbs, paving, walkways, Parking Area, Project signs, landscaping, planting and irrigation systems, trash facilities, loading and delivery areas, lighting, drainage and common utility facilities, directional or other signs, markers and bumpers, and any fixtures, equipment and personal property located on the Common Area; (v) wages, salaries, benefits, payroll burden fees and charges of personnel employed by Landlord and the charges of all independent contractors retained by Landlord (to the extent that such personnel and contractors are utilized by Landlord) for the maintenance, repair, management and/or supervision of the Project, and of any security personnel retained by Landlord in connection with the operation and maintenance of the Common Area (although Landlord shall not be required to obtain security services); (vi) maintenance, repair and replacement of security systems and alarms installed by Landlord (if any); (vii) depreciation or amortization (or in lieu thereof, rental payments) on all tools, equipment and machinery used in the operation and maintenance of the Common Area; (viii) premiums for Comprehensive General Liability Insurance or Commercial General Liability Insurance, casualty insurance, workers' workers compensation insurance or other insurance on the Common Area, or any portion thereof or interest therein, and any deductibles payable with respect to such insurance policies; (ix) all personal property or real property taxes and assessments levied or assessed on the Project, or any portion thereof or interest therein, including without limitation the Real Property Taxes for the Project, if applicable under PARAGRAPH 15 AParagraph 15.A; (x) cleaning, collection, -------------- storage and removal of trash, rubbish, dirt and debris, and sweeping and cleaning the Common Area; (xi) legal, accounting and other professional services for the Project, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating Co to the Building, and of contesting, appealing or otherwise attempting to reduce any Real Property Taxes assessed against the Project; (xii) any alterations, additions or improvements required to be made to the Common Area in order to reduce Common Area Maintenance Costs or to protect the health or safety of occupants of the Project, but only to the extent of any actual cost savings realized thereby (provided that if the cost of any such alterations, additions additions, improvements or improvements during any year exceeds capital improvements, together with interest at the amount Interest Rate, shall be amortized over the useful life of cost savings realized thereby for that yearthe alteration, Landlord may addition, improvement or capital improvement in its sole discretion elect to include such excess amounts question and included in Common Area Maintenance Costs for the following year, but only to the extent of any actual cost savings realized during each year over which such year by reason of such alterations, additions or improvements)costs are amortized; (xiii) all costs and expenses of providing, creating, maintaining, repairing, managing, operating, and supervising an amenity center for the Project, which may include without limitation a dining facility (provided, however, that Landlord shall not be required to provide or create such an amenity center), which costs and expenses may include without limitation rent charged by Landlord for the space occupied by such amenity center; (xiv) all costs and expenses incurred by Landlord in performing its obligations under PARAGRAPHS 17 A Paragraphs 17.A or exercising its rights under PARAGRAPH 17 D17.E, including --------------- ---- without limitation all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders (to the extent that such laws, ordinances, rules, regulations and orders are either enacted after, or become applicable to the Building due to an amendment thereto that becomes effective after, the Commencement Date) and all capital improvements required to made in connection with the operation, maintenance and repair of the Building, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; (xv) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Common Area in order to comply with applicable laws, ordinances, rules, regulations and orders and all capital improvements required to made in connection with the operation, maintenance and repair of the Common Area, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; and (xvi) any and all payments due and owing on behalf of the Project or any portion thereof with respect to any CC&Rs, including without limitation any and all assessments and association dues; (xvii) any other cost or expense which this Lease expressly characterizes as a Common Area Maintenance Cost, and (xviii) all costs and expenses related to the adoption and maintenance of a portion of Highway 101. However, notwithstanding the foregoing or anything to the contrary in this Lease, Common Area Maintenance Costs shall not include the cost of or expenses for the following. : (A) leasing commissions, attorneys' fees or other costs or expenses incurred in connection with negotiations or disputes with other tenants of the Project; (B) depreciation of buildings in the Project; (C) payments of principal, interest, late fees, prepayment fees or other charges on any debt secured by a mortgage covering the Project, or rental payments under any ground lease or underlying lease; (D) any penalties incurred due to Landlord's violation of any governmental rule or authority (but not excluding the cost of compliance therewith, if such cost is chargeable to Tenant pursuant to this Lease); (E) any Real Property Taxes or costs for which Landlord is separately and directly reimbursed by Tenant or any other tenant of the Project which are assessed against the Premises or the premises leased by such other tenant(s); (F) items for which Landlord is reimbursed by insurance; (G) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises that has been specifically identified by Landlord and Tenant in writing as of the date of the Lease; (H) all costs associated with the operation of the business of the entity which constitutes "Landlord" (", as distinguished from the costs of operations, the costs described in clause (v) of this PARAGRAPH 3.H, and the property management fee described in PARAGRAPH 5.C below), including, but not limited to, costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging, or hypothecating any of the Landlord's interest in the Project and/or Common Area, or any portion thereof, costs of any disputes between Landlord and its employees, costs of disputes of Landlord with Building management or costs paid in connection with disputes with Tenant or any other tenants; (HI) all costs (including permit, license and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for other tenants in the Project; (IJ) the creation of any reserves for equipment or capital replacement (but not the expenditure of any funds from such reserves); and (JK) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises to the extent that either (1) Landlord (who shall use reasonable efforts to obtain reimbursement) is actually reimbursed by third parties for such costs (but not the costs of collection incurred by Landlord, unless such costs of collection are also reimbursed by third parties), or (2) such release of Hazardous Materials occurred prior to the Commencement Date and did not arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below; (K) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders, to the extent that such laws, ordinances, rules, regulations and orders are enacted before the Commencement Date (unless any such law, ordinance, rule, regulation or order becomes applicable to the Building due to an amendment that becomes effective after the Commencement Date, in which event such costs and expenses shall be includable in Common Area Maintenance Costs); and (L) all costs and expenses incurred in removing asbestos-containing materials from, or encapsulating asbestos-containing materials within, the Premises. Notwithstanding anything to the contrary in the definition of Common Area Maintenance Costs set forth in this Lease, Common Area Maintenance Costs shall not include the following:.

Common Area Maintenance Costs. In addition to Annual Base Rent, Tenant shall pay to Landlord in each year, as additional rent, an amount equal to Tenant's Proportionate Share multiplied by the annual total cost incurred by Landlord in operating, maintaining, repairing and replacing the Common Areas, as defined below, (the "CAM Costs") to the extent the Tenant's proportionate allocation of CAM Costs exceed the Base Year costs (such annual amount is hereinafter referred to as the "CAM Payment"). The total CAM Costs are estimated at $2.50 sq. ft. annually or $10,280 total, and shall not exceed $3.50 sq. ft. annually during the term of this agreement without written justification to and acceptance by PGW. The CAM Costs shall include, without limitation: all costs and expenses of every kind and nature paid or incurred by Landlord during the Term in connection operating, equipping, policing (if and to the extent provided by Landlord) protecting, repairing, replacing, maintaining, and insuring the Shopping Center and the Common Areas; the cost of premiums for bodily injury, public liability and property damage insurance; water supply charges; repairs, restriping, patching, paving and repaving the parking area, service area, planted areas and other Common Areas, parking lot lights and signs, and appurtenant structures, supply pipes for utilities, drainage pipes, and access roads in good working order, repair and condition; the costs of keeping the parking area, service area and access roads clean and free and clear of snow, ice and debris, clearly striped and properly lighted; capital expenditures and equipment rentals relating to the Common Areas; utility services for the Common Areas; and an amount equal to fifteen percent (15%) of all of the foregoing costs to cover Landlord's administrative and overhead costs. Tenant shall pay the CAM Payment in equal monthly installments with each installment of Annual Base Rent in an amount equal to 1/12th of Landlord's estimate of the operationCAM Payment for the current year. Within a reasonable time after the end of each year, maintenanceLandlord shall deliver a statement to Tenant setting forth the actual CAM Costs for the previous year and the actual CAM Payment due from Tenant. If Tenant has overpaid the CAM Payment for such year, ownership Tenant shall receive a credit against the next CAM Payments falling due, and repair if Tenant has underpaid the CAM Payment, Tenant shall pay any amounts due within ten (10) days after receipt of Landlord's statement. If any tenant of any part of the Shopping Center, in lieu of paying a share of the CAM Costs shall undertake to maintain any designated part of the Common Area, and the performance of Landlord's obligations under PARAGRAPHS 17.A, and the exercise of Landlord's rights under PARAGRAPH 17.D. Without limiting the generality Areas of the foregoingShopping Center, Common Area Maintenance Costs include all costs the leasable area of and expense for: (i) maintenance and repairs of the Common Area; (ii) resurfacing, resealing, remarking, painting, repainting, striping or restriping the Parking Area; (iii) maintenance and repair of all public or common facilities; (iv) maintenance, repair and replacement of sidewalks, curbs, paving, walkways, Parking Area, Project signs, landscaping, planting and irrigation systems, trash facilities, loading and delivery areas, lighting, drainage and common utility facilities, directional or other signs, markers and bumpers, and any fixtures, equipment and personal property located on the Common Area; (v) wages, salaries, benefits, payroll burden fees and charges of personnel employed by Landlord and the charges of all independent contractors retained by Landlord (to the extent that such personnel and contractors are utilized by Landlord) for the maintenance, repair, management and/or supervision of the Project, and of any security personnel retained by Landlord in connection with the operation and maintenance of the Common Area (although Landlord tenant's leased premises shall not be required to obtain security services); (vi) maintenance, repair and replacement of security systems and alarms installed by Landlord (if any); (vii) depreciation or amortization (or in lieu thereof, rental payments) on all tools, equipment and machinery used included in the operation and maintenance denominator of the Common Area; (viii) premiums for Comprehensive General Liability Insurance or Commercial General Liability Insurance, casualty insurance, workers' compensation insurance or other insurance on the Common Area, or any portion thereof or interest therein, and any deductibles payable with respect to such insurance policies; (ix) all personal property or real property taxes and assessments levied or assessed on the Project, or any portion thereof or interest therein, including without limitation the Real Property Taxes Tenant's Proportionate Share for the Project, if applicable under PARAGRAPH 15 A; (x) cleaning, collection, storage and removal of trash, rubbish, dirt and debris, and sweeping and cleaning the Common Area; (xi) legal, accounting and other professional services for the Project, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating Co the Building, and of contesting, appealing or otherwise attempting to reduce any Real Property Taxes assessed against the Project; (xii) any alterations, additions or improvements required to be made to the Common Area in order to reduce Common Area Maintenance Costs or to protect the health or safety of occupants of the Project, but only to the extent of any actual cost savings realized thereby (provided that if the cost of any such alterations, additions or improvements during any year exceeds the amount of cost savings realized thereby for that year, Landlord may in its sole discretion elect to include such excess amounts in Common Area Maintenance Costs for the following year, but only to the extent of any actual cost savings realized during such year by reason of such alterations, additions or improvements); (xiii) all costs and expenses of providing, creating, maintaining, repairing, managing, operating, and supervising an amenity center for the Project, which may include without limitation a dining facility (provided, however, that Landlord shall not be required to provide or create such an amenity center), which costs and expenses may include without limitation rent charged by Landlord for the space occupied by such amenity center; (xiv) all costs and expenses incurred by Landlord in performing its obligations under PARAGRAPHS 17 A or exercising its rights under PARAGRAPH 17 D, including without limitation all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders (to the extent that such laws, ordinances, rules, regulations and orders are either enacted after, or become applicable to the Building due to an amendment thereto that becomes effective after, the Commencement Date) and all capital improvements required to made in connection with the operation, maintenance and repair of the Building, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; (xv) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Common Area in order to comply with applicable laws, ordinances, rules, regulations and orders and all capital improvements required to made in connection with the operation, maintenance and repair of the Common Area, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; and (xvi) any and all payments due and owing on behalf of the Project or any portion thereof with respect to any CC&Rs, including without limitation any and all assessments and association dues. However, notwithstanding the foregoing or anything to the contrary in this Lease, Common Area Maintenance Costs shall not include the cost of or expenses for the following. (A) leasing commissions, attorneys' fees or other costs or expenses incurred in connection with negotiations or disputes with other tenants of the Project; (B) depreciation of buildings in the Project; (C) payments of principal, interest, late fees, prepayment fees or other charges on any debt secured by a mortgage covering the Project, or rental payments under any ground lease or underlying lease; (D) any penalties incurred due to Landlord's violation of any governmental rule or authority (but not excluding the cost of compliance therewith, if such cost is chargeable to Tenant pursuant to this Lease); (E) any Real Property Taxes or costs for which Landlord is separately and directly reimbursed by Tenant or any other tenant of the Project which are assessed against the Premises or the premises leased by such other tenant(s); (F) items for which Landlord is reimbursed by insurance; (G) all costs associated with the operation of the business of the entity which constitutes "Landlord" (as distinguished from the costs of operations, the costs described in clause (v) purposes of this PARAGRAPH 3.H, and the property management fee described in PARAGRAPH 5.C below), including, but not limited to, costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging, or hypothecating any of the Landlord's interest in the Project and/or Common Area, or any portion thereof, costs of any disputes between Landlord and its employees, costs of disputes of Landlord with Building management or costs paid in connection with disputes with Tenant or any other tenants; (H) all costs (including permit, license and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for other tenants in the Project; (I) the creation of any reserves for equipment or capital replacement (but not the expenditure of any funds from such reserves); (J) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises to the extent that either (1) Landlord (who shall use reasonable efforts to obtain reimbursement) is actually reimbursed by third parties for such costs (but not the costs of collection incurred by Landlord, unless such costs of collection are also reimbursed by third parties), or (2) such release of Hazardous Materials occurred prior to the Commencement Date and did not arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below; (K) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders, to the extent that such laws, ordinances, rules, regulations and orders are enacted before the Commencement Date (unless any such law, ordinance, rule, regulation or order becomes applicable to the Building due to an amendment that becomes effective after the Commencement Date, in which event such costs and expenses shall be includable in Common Area Maintenance Costs); and (L) all costs and expenses incurred in removing asbestos-containing materials from, or encapsulating asbestos-containing materials within, the Premises. Notwithstanding anything to the contrary in the definition of Common Area Maintenance Costs set forth in this Lease, Common Area Maintenance Costs shall not include the following:Section.

Common Area Maintenance Costs. The total Tenant agrees to pay as additional rent, as herein provided and described in subparagraphs 1.1q and 1.1v, its proportionate share of all costs and expenses paid or expense incurred by Landlord in connection with at its discretion for the operation, maintenance, ownership operation and repair maintenance of the Common Areaabove Building, and the performance of Landlord's obligations under PARAGRAPHS 17.A("Operating Expenses"), and the exercise of Landlord's rights under PARAGRAPH 17.D. Without including without limiting the generality of the foregoing, costs, if any, incurred for lighting, painting, cleaning, Quarterly HVAC maintenance, central trash disposal, traffic control, policing, licenses, permits, inspecting, removal of snow and ice, landscaping, activities, management services, administrative services, including, without limitation, labor and personnel, and in general, all costs labor, materials supplies, equipment and tools required for maintaining, repairing and replacing the Common Areas, costs expanded by the Landlord to place and keep the Landlord's property in compliance with all future governmental regulations, or any part thereof together with a reasonable allowance for Landlord's direct overhead, depreciation of maintenance equipment, hazard and public liability insurance and property damage insurance, the costs, expenses and fees of the following real and personal property taxes and assessments (and any tax levied in whole or in part in lieu of or in addition to such taxes and assessments), rent and gross receipts, taxes, or other person under a common maintenance regime (janitorial), all water, electricity, natural gas, sewer use consumed in the Building which is not separately metered to tenants (single or multiple) but excluding depreciation of Landlord's original investment in the Building, legal services, real estate brokerage and lease commissions, Landlord's income taxes, income tax accounting, interest, general corporate overhead or capital improvements to the Building except for capital improvements installed for file purpose of reducing or controlling expenses. If any expense, though paid in one year, relates to more than one calendar year, at option of Landlord, such expense may be proportionately allocated among such related calendar years. Tenant shall have sole responsibility for and shall pay when due all taxes, assessments, charges and fees levied by any governmental or quasi- governmental authority on Tenant's use of the Leased Premises or any leasehold improvements, personal property or fixtures kept or installed in the Leased Premises by Tenant. If any of Tenant's leasehold improvements, personal property or fixtures are assessed and taxed with the Building, Tenant shall within ten (10) days after delivery to Tenant of a written statement setting forth the amount of taxes applicable to Tenant's leasehold improvements, personal property or fixtures, pay such amounts to Landlord, pertaining to the percentage of the premises occupied by the tenant. In addition to the excluded Common Area Maintenance Costs include all costs cited above, the following expense items are also excluded: mortgage payments, expenses incurred to the sole benefit of and expense for(or arising from) other tenants in the complex, including but not limited to: (ia) maintenance and repairs the leasing of other portions of the Common Areacomplex; (iib) resurfacing, resealing, remarking, painting, repainting, striping or restriping the Parking Area; (iii) maintenance and repair of all public or common facilities; (iv) maintenance, repair and replacement of sidewalks, curbs, paving, walkways, Parking Area, Project signs, landscaping, planting and irrigation systems, trash facilities, loading and delivery areas, lighting, drainage and common utility facilities, directional or other signs, markers and bumpers, and any fixtures, equipment and personal property located on the Common Area; (v) wages, salaries, benefits, payroll burden fees and charges of personnel employed by Landlord and the charges of all independent contractors retained by Landlord (to the extent that such personnel and contractors are utilized by Landlord) for the maintenance, repair, management and/or supervision of the Project, and of any security personnel retained by Landlord in connection with the operation and maintenance of the Common Area (although Landlord shall not be required to obtain security services); (vi) maintenance, repair and replacement of security systems and alarms installed by Landlord (if any); (vii) depreciation or amortization (or in lieu thereof, rental payments) on all tools, equipment and machinery used in the operation and maintenance of the Common Area; (viii) premiums for Comprehensive General Liability Insurance or Commercial General Liability Insurance, casualty insurance, workers' compensation insurance or other insurance on the Common Area, or any portion thereof or interest therein, and any deductibles payable with respect to such insurance policies; (ix) all personal property or real property taxes and assessments levied or assessed on the Project, or any portion thereof or interest therein, including without limitation the Real Property Taxes for the Project, if applicable under PARAGRAPH 15 A; (x) cleaning, collection, storage and removal of trash, rubbish, dirt and debris, and sweeping and cleaning the Common Area; (xi) legal, accounting and other professional services for the Project, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating Co the Building, and of contesting, appealing or otherwise attempting to reduce any Real Property Taxes assessed against the Project; (xii) any alterations, additions or improvements required to be made to the Common Area in order to reduce Common Area Maintenance Costs or to protect the health or safety of occupants of the Project, but only to the extent of any actual cost savings realized thereby (provided that if the cost of any such alterations, additions or improvements during any year exceeds the amount of cost savings realized thereby for that year, Landlord may in its sole discretion elect to include such excess amounts in Common Area Maintenance Costs for the following year, but only to the extent of any actual cost savings realized during such year by reason of such alterations, additions or improvements); (xiii) all costs and expenses of providing, creating, maintaining, repairing, managing, operating, and supervising an amenity center for the Project, which may include without limitation a dining facility (provided, however, that Landlord shall not be required to provide or create such an amenity center), which costs and expenses may include without limitation rent charged by Landlord for the space occupied by such amenity center; (xiv) all costs and expenses incurred by Landlord in performing its obligations under PARAGRAPHS 17 A or exercising its rights under PARAGRAPH 17 D, including without limitation all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders (to the extent that such laws, ordinances, rules, regulations and orders are either enacted after, or become applicable to the Building due to an amendment thereto that becomes effective after, the Commencement Date) and all capital improvements required to made in connection with the operation, maintenance and repair of the Building, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; (xv) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Common Area in order to comply with applicable laws, ordinances, rules, regulations and orders and all capital improvements required to made in connection with the operation, maintenance and repair of the Common Area, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; and (xvi) any and all payments due and owing on behalf of the Project or any portion thereof with respect to any CC&Rs, including without limitation any and all assessments and association dues. However, notwithstanding the foregoing or anything to the contrary in this Lease, Common Area Maintenance Costs shall not include the cost of or expenses for the following. (A) leasing commissions, attorneys' fees or other costs or expenses incurred in connection with negotiations or disputes with collection from other tenants of the Projectcomplex; c) litigation, property damage, building additions and/or modifications to the sole benefit (Bor arising from) depreciation of buildings in the Project; (C) payments of principal, interest, late fees, prepayment fees or other charges on any debt secured by a mortgage covering the Project, or rental payments under any ground lease or underlying lease; (D) any penalties incurred due to Landlord's violation of any governmental rule or authority (but not excluding the cost of compliance therewith, if such cost is chargeable to Tenant pursuant to this Lease); (E) any Real Property Taxes or costs for which Landlord is separately and directly reimbursed by Tenant or any other tenant tenants of the Project which are assessed against the Premises or the premises leased by such other tenant(s); (F) items for which complex. Landlord is reimbursed by insurance; (G) all costs associated with the operation of the business of the entity which constitutes "Landlord" (as distinguished from the costs of operations, the costs described in clause (v) of this PARAGRAPH 3.H, and the property management fee described in PARAGRAPH 5.C below), including, but not limited to, costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging, or hypothecating any of the Landlord's interest in the Project and/or Common Area, or any portion thereof, costs of any disputes between Landlord and its employees, costs of disputes of Landlord with Building management or costs paid in connection with disputes with Tenant or any other tenants; (H) all costs (including permit, license and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for other tenants in the Project; (I) the creation of any reserves for equipment or capital replacement (but not the expenditure of any funds from such reserves); (J) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises agrees to the extent that either (1) Landlord (who shall use reasonable best efforts to obtain reimbursement) is actually reimbursed by third parties for such costs (but not minimize the costs of collection incurred by Landlord, unless such costs of collection are also reimbursed by third parties), or (2) such release of Hazardous Materials occurred prior to the Commencement Date and did not arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below; (K) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders, to the extent that such laws, ordinances, rules, regulations and orders are enacted before the Commencement Date (unless any such law, ordinance, rule, regulation or order becomes applicable to the Building due to an amendment that becomes effective after the Commencement Date, in which event such costs and expenses shall be includable in Common Area Maintenance Costs); costs while complying with Landlord's responsibilities in a competent and (L) all costs professional manner. Upon written request by Tenant, Landlord agrees to furnish reasonable documentation of CAM fee calculations. Each of the following words and expenses incurred in removing asbestos-containing materials from, or encapsulating asbestos-containing materials within, phrases shall have the Premises. Notwithstanding anything to the contrary in the definition of Common Area Maintenance Costs meaning set forth in this Lease, Common Area Maintenance Costs shall not include the followingforth:

Common Area Maintenance Costs. The total Tenant agrees to pay as additional rent, as hereinafter provided, its proportionate share of all costs and expenses paid or expense incurred by Landlord in connection with at its discretion for the operation, maintenance, ownership operation and repair maintenance of the Common AreaBuilding, and the performance of Landlord's obligations under PARAGRAPHS 17.A("Operating Expenses"), and the exercise of Landlord's rights under PARAGRAPH 17.D. Without including without limiting the generality of the foregoing, costs, if any, incurred for lighting, painting, cleaning, Quarterly HVAC maintenance, central trash disposal, traffic control, policing, licenses, permits, inspecting, removal of snow and ice, landscaping, activities, management services, administrative services, including, without limitation, labor and personnel, and in general, all costs of labor, materials supplies, equipment and tools required for maintaining, repairing and replacing the Common Areas, costs expended by the Landlord to place and keep the Landlord's property in compliance with all future governmental regulations, or any part thereof together with a reasonable allowance for Landlord's direct overhead, deprecation of maintenance equipment, hazard and public liability insurance and property damage insurance, the costs, expenses and fees of the following real and personal property taxes and assessments (and any tax levied in whole or in part in lieu of or in addition to such taxes and assessments), rent and gross receipts, taxes, or other person under a common maintenance regime (janitorial), all water, electricity, natural gas, sewer use consumed in the Building which is not separately metered to tenants (single or multiple) but excluding depreciation of Landlord's original investment in the Building, legal services, real estate brokerage and lease commissions, Landlord's income taxes, income tax accounting, interest, general corporate overhead or capital improvements to the Building except for capital improvements installed for the purpose of reducing or controlling expenses. If any expense, though paid in one year, relates to more than one calendar year, at option of Landlord, such expense may be proportionately allocated among such related calendar years. Tenant shall have sole responsibility for and shall pay when due all taxes, assessments, charges and fees levied by any governmental or quasi-governmental authority on Tenant's use of the Leased Premises or any leasehold improvements, personal property or fixtures kept or installed in the Leased Premises by Tenant. If any of Tenant's leasehold improvements, personal property or fixtures are assessed and taxed with the Building, Tenant shall within ten (10) days after delivery to Tenant of a written statement setting forth the amount of taxes applicable to Tenant's leasehold improvements, personal property or fixtures, pay such amount to Landlord, pertaining to the percentage of the premises occupied by the tenant. In addition to the excluded Common Area Maintenance Costs include all costs cited above, the following expense items are also excluded: mortgage payments; expenses incurred to the sole benefit of and expense for(or arising from) other tenants in the complex, including but not limited to: (ia) maintenance and repairs the leasing of other portions of the Common Areacomplex; (iib) resurfacing, resealing, remarking, painting, repainting, striping or restriping the Parking Area; (iii) maintenance and repair of all public or common facilities; (iv) maintenance, repair and replacement of sidewalks, curbs, paving, walkways, Parking Area, Project signs, landscaping, planting and irrigation systems, trash facilities, loading and delivery areas, lighting, drainage and common utility facilities, directional or other signs, markers and bumpers, and any fixtures, equipment and personal property located on the Common Area; (v) wages, salaries, benefits, payroll burden fees and charges of personnel employed by Landlord and the charges of all independent contractors retained by Landlord (to the extent that such personnel and contractors are utilized by Landlord) for the maintenance, repair, management and/or supervision of the Project, and of any security personnel retained by Landlord in connection with the operation and maintenance of the Common Area (although Landlord shall not be required to obtain security services); (vi) maintenance, repair and replacement of security systems and alarms installed by Landlord (if any); (vii) depreciation or amortization (or in lieu thereof, rental payments) on all tools, equipment and machinery used in the operation and maintenance of the Common Area; (viii) premiums for Comprehensive General Liability Insurance or Commercial General Liability Insurance, casualty insurance, workers' compensation insurance or other insurance on the Common Area, or any portion thereof or interest therein, and any deductibles payable with respect to such insurance policies; (ix) all personal property or real property taxes and assessments levied or assessed on the Project, or any portion thereof or interest therein, including without limitation the Real Property Taxes for the Project, if applicable under PARAGRAPH 15 A; (x) cleaning, collection, storage and removal of trash, rubbish, dirt and debris, and sweeping and cleaning the Common Area; (xi) legal, accounting and other professional services for the Project, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating Co the Building, and of contesting, appealing or otherwise attempting to reduce any Real Property Taxes assessed against the Project; (xii) any alterations, additions or improvements required to be made to the Common Area in order to reduce Common Area Maintenance Costs or to protect the health or safety of occupants of the Project, but only to the extent of any actual cost savings realized thereby (provided that if the cost of any such alterations, additions or improvements during any year exceeds the amount of cost savings realized thereby for that year, Landlord may in its sole discretion elect to include such excess amounts in Common Area Maintenance Costs for the following year, but only to the extent of any actual cost savings realized during such year by reason of such alterations, additions or improvements); (xiii) all costs and expenses of providing, creating, maintaining, repairing, managing, operating, and supervising an amenity center for the Project, which may include without limitation a dining facility (provided, however, that Landlord shall not be required to provide or create such an amenity center), which costs and expenses may include without limitation rent charged by Landlord for the space occupied by such amenity center; (xiv) all costs and expenses incurred by Landlord in performing its obligations under PARAGRAPHS 17 A or exercising its rights under PARAGRAPH 17 D, including without limitation all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders (to the extent that such laws, ordinances, rules, regulations and orders are either enacted after, or become applicable to the Building due to an amendment thereto that becomes effective after, the Commencement Date) and all capital improvements required to made in connection with the operation, maintenance and repair of the Building, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; (xv) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Common Area in order to comply with applicable laws, ordinances, rules, regulations and orders and all capital improvements required to made in connection with the operation, maintenance and repair of the Common Area, provided that the cost of any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized; and (xvi) any and all payments due and owing on behalf of the Project or any portion thereof with respect to any CC&Rs, including without limitation any and all assessments and association dues. However, notwithstanding the foregoing or anything to the contrary in this Lease, Common Area Maintenance Costs shall not include the cost of or expenses for the following. (A) leasing commissions, attorneys' fees or other costs or expenses incurred in connection with negotiations or disputes with collection from other tenants of the Projectcomplex; c) litigation, property damage, building additions and/or modifications to the sole benefit (Bor arising from) depreciation of buildings in the Project; (C) payments of principal, interest, late fees, prepayment fees or other charges on any debt secured by a mortgage covering the Project, or rental payments under any ground lease or underlying lease; (D) any penalties incurred due to Landlord's violation of any governmental rule or authority (but not excluding the cost of compliance therewith, if such cost is chargeable to Tenant pursuant to this Lease); (E) any Real Property Taxes or costs for which Landlord is separately and directly reimbursed by Tenant or any other tenant tenants of the Project which are assessed against the Premises or the premises leased by such other tenant(s); (F) items for which complex. Landlord is reimbursed by insurance; (G) all costs associated with the operation of the business of the entity which constitutes "Landlord" (as distinguished from the costs of operations, the costs described in clause (v) of this PARAGRAPH 3.H, and the property management fee described in PARAGRAPH 5.C below), including, but not limited to, costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging, or hypothecating any of the Landlord's interest in the Project and/or Common Area, or any portion thereof, costs of any disputes between Landlord and its employees, costs of disputes of Landlord with Building management or costs paid in connection with disputes with Tenant or any other tenants; (H) all costs (including permit, license and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for other tenants in the Project; (I) the creation of any reserves for equipment or capital replacement (but not the expenditure of any funds from such reserves); (J) all costs arising from monitoring, cleaning up and otherwise remediating any release of Hazardous Materials at the Premises agrees to the extent that either (1) Landlord (who shall use reasonable best efforts to obtain reimbursement) is actually reimbursed by third parties for such costs (but not minimize the costs of collection incurred by Landlord, unless such costs of collection are also reimbursed by third parties), or (2) such release of Hazardous Materials occurred prior to the Commencement Date and did not arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below; (K) all costs and expenses incurred in performing any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders, to the extent that such laws, ordinances, rules, regulations and orders are enacted before the Commencement Date (unless any such law, ordinance, rule, regulation or order becomes applicable to the Building due to an amendment that becomes effective after the Commencement Date, in which event such costs and expenses shall be includable in Common Area Maintenance Costs); costs while complying with Landlord's responsibilities in a competent and (L) all costs professional manner. Upon written request by Tenant, Landlord agrees to furnish reasonable documentation of CAM fee calculations. Each of the following words and expenses incurred in removing asbestos-containing materials from, or encapsulating asbestos-containing materials within, phrases shall have the Premises. Notwithstanding anything to the contrary in the definition of Common Area Maintenance Costs meaning set forth in this Lease, Common Area Maintenance Costs shall not include the followingforth: