Common Area Maintenance Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant’s Pro Rata Share of the Common Area Maintenance Expenses. “Common Area Maintenance Expenses” shall mean all expenses of any kind or nature which are necessary, ordinary or customarily incurred with respect to the operation, repair and maintenance of the Building, and the lot on which the Building is situated, as determined in accordance with generally accepted accounting principles and shall include, but not be limited to, all sums expended in connection with Common Areas for all general operation and maintenance and repairs, resurfacing, or painting, restriping, cleaning and sweeping; maintenance and repair of sidewalks, curbs, sprinkler systems, planting and landscaping; water, lighting and other utilities; maintenance and repair of any fire protection systems, lighting systems, storm drainage systems, roof patching and any other utility systems; personnel to implement such services; personal property taxes and assessments on the improvements comprising said Common Areas; and governmental imposition or surcharge imposed against Landlord or assessed against the automobile parking area or any other portion of the Common Areas; depreciation on maintenance and operating machinery and equipment (if owned) and rental paid for such machinery and equipment (if rented). In addition, Tenant shall pay a sum to Landlord for the accounting, bookkeeping and collection of the expenses in connection with said Common Areas in an amount equal to ten percent (10%) of Tenant’s pro rata share of the total of the aforementioned expenses for each calendar year. The amount payable by Tenant for any repair that exceeds $10,000 shall be pro-rated over the useful life of the repair. Tenant shall only be required to pay its pro-rata share of the cost divided by the useful life, as determined in accordance with generally accepted accounting principles, multiplied by the remaining lease term, including the Renewal Period if Tenant has exercised its option to renew the lease. As an example, if a repair costs $20,000 and there are two years remaining on the lease term and the repair has a useful life of ten years, Tenants share would be calculated as follows: Repair cost $20,000 Useful life 10 years Remaining term 2 years $20,000/10 = $2,000 times 2 years = $4,000 Tenant’s share $4,000 times 34.3% = $1,372
Common Area Maintenance Expenses. (a) Tenant agrees to pay to Landlord each Lease Year, in the manner hereinafter provided, Tenant's proportionate share of all costs and expenses (the "Common Area Maintenance Expenses") of every kind and nature paid or incurred by Landlord, or for which Landlord is obligated, during each Lease Year, for operating, equipping, policing and protecting, heating, air conditioning, providing sanitation and sewer and other services, lighting, insuring, repairing, replacing and maintaining (i) the common areas, and (ii) all buildings and roofs within the Retail Development, and (iii) all other areas, facilities and buildings used in connection with the maintenance and/or operation of, and whether located within or outside of, the Retail Development, including without limitation, all roads and driveways serving the Retail Development which are maintained or repaired by Landlord or at Landlord's expense. The Common Area Maintenance Expenses shall include, but are not limited to, costs and expenses of: water, gas, sewage, electricity, refuse disposal, air conditioning, heating and other utilities (without limitation), including all usage, service, hook-up, connection availability and/or standby fees or charges pertaining to same, and the utility costs; illumination and maintenance of signs, whether located on or off the Retail Development property; salaries of all management personnel; maintenance, repair and replacement of directories, electronic or otherwise, cleaning, lighting, snow removal and landscaping; security control and fire protection; uniforms for maintenance, administrative and security personnel for the Retail Development; management fees; maintenance for wooded areas, retention ponds, wetlands, rivers and riverbank areas; premiums for insurance to the extent maintained by Landlord, for liability, casualty and property damage, including, without limitation, insurance against vandalism, plate glass breakage, fire and extended coverage insurance and such other coverage as determined by Landlord, and liability for defamation and claims of false arrest occurring in and about such areas; personal property taxes; maintaining and replacing the equipment, if any; supplying music to such areas; the reasonable depreciation of equipment used in the operation and maintenance of such areas; total compensation and benefits (including premiums for workers' compensation and other insurance) paid to or on behalf of persons involved in the performance or administration ...
Common Area Maintenance Expenses. Except as otherwise provided in this Lease, Landlord agrees to pay all Common Area maintenance expenses.
Common Area Maintenance Expenses. Subtenant shall not be required to pay to Sublandlord any “Common Area Maintenance Expenses” (as defined in the Master Lease) for the Subleased Premises.
Common Area Maintenance Expenses. Tenant shall pay its proportionate share of Operating Expense, Utilities, Janitorial, and Security, as stated in the Lease.
Common Area Maintenance Expenses. (CAM):
(i) interest, amortization or other costs, including legal fees, associated with any mortgage, loan or refinancing of all or any part of the Building or sale of all or any part of the Building;
(ii) amounts reimbursable from insurance proceeds, under warranty or by Tenant, any other tenant in the Building or any other third party other than pursuant to a CAM expense provision similar to this Section;
(iii) interest, late charges or penalties incurred as a result of Landlord’s failure to pay bills in a timely manner (unless such failure is directly related to the failure of Tenant to pay Tenant’s Share of any such xxxx in a timely manner);
(iv) leasing or brokerage fees;
(v) depreciation;
(vi) costs incurred in connection with the transfer or disposition of all or a portion of Landlord’s interest in the Building;
(vii) costs of providing to other tenants services which are not available to Tenant;
(viii) attorneys’ fees and other legal costs incurred as a result of defaults by, or litigation or other disputes with, other tenants of the Building;
(ix) the portion of CAM which relate to more than one building or project to the extent that cost should be allocated to a building or project which is not occupied by Tenant, including, for example, employee costs, office costs, parking lot maintenance and repairs.
(x) expenses for the preparation of space or other work which Landlord performs for any tenant or prospective tenant of the Building;
(xi) accounting and legal fees relating to the ownership, construction, leasing or sale of the Building; and accounting and legal fees paid or imputed to full time employees of Landlord or any management agent;
(xii) any amount paid to an entity or individual related to Landlord which exceeds the amount which would be paid for similar goods or services on an arms-length basis between unrelated parties;
(xiii) the cost of correcting defects in the construction of the Building;
(xiv) management fees to the extent they exceed five percent (5%) of the gross receipts from the Building;
(xv) any ground rent, air space rent or other rent incurred for the Building;
(xvi) the cost of correcting any applicable building or fire code violation(s) or violation(s) of any other applicable law relating to the Building in effect on the Commencement Date;
(xvii) any costs (including any damages or future claims asserted against Landlord in connection with the same) incurred to test, survey, cleanup, contain, xxxxx, remove or otherwis...
Common Area Maintenance Expenses. The following is hereby added to the Lease as Paragraph 6(b)(7):
Common Area Maintenance Expenses. Tenant shall reimburse Landlord for the cost of Common Area Maintenance Expenses (as described in Paragraph 4 of the Lease, "CAM") which shall be $0.80 per rentable square foot and subject to a 4% annual increase each calendar year; and
Common Area Maintenance Expenses. As used herein, “Common Area Maintenance Expenses” means only those out-of-pocket expenses reasonably incurred by Landlord for maintaining, repairing, insuring pursuant to Section 8.2.11 and replacing the Common Area during the term, commencing with the rent commencement date, in accordance with Section 8.2. Common Area Maintenance Expenses will not include (i) the cost of any capital expenditures other than those made for required capital repairs or capital replacements, capital items required to correct or comply with governmental requirements applicable to the Common Area, or capital items intended to result in cost savings (but annual costs of such capital items intended to result in cost savings that may be included in Common Area Maintenance Expenses shall not exceed the amount of such cost savings in such year), (ii) management or administrative fees, (iii) costs associated with assessment and remediation of Hazardous Substances, and (iv) costs for security services in or around the Shopping Center unless approved in advance by Tenant.
Common Area Maintenance Expenses. (a) Purposely omitted.
(b) Purposely omitted.
(c) Purposely omitted.
