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 of the work specified in this Section 5.2; repair, maintenance and cleaning of such areas; costs and expenses for water and sewage usage in the Shopping Center; operation, repair, maintenance and reasonable depreciation of all temporary and permanent utility systems for the Retail Development, including, without limitation, heating, ventilating and air conditioning systems (HVAC systems), gas system(s), plumbing system(s); electrical equipment and irrigational pumping system(s); operation, repair, maintenance and reasonable depreciation of emergency water and sprinkler main system(s) and security alarm system(s); operation, maintenance, repair and replacement of mechanical equipment including any automatic door openers, elevators, escalators, lighting fixtures (including replacement of poles, tubes and bulbs) and all other items of equipment used in connection with such areas; paper supplies in restrooms located in or about such areas; cleaning, lighting, striping and landscaping, curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, pipes and canals serving the Retail Development; and there shall also be added to the foregoing costs and expenses an amount equal to fifteen percent (15%) of the total of all of the ongoing costs and expenses as Landlord's administrative fee. As stated throughout this Lease, whenever Tenant is obligated to pay its "proportionate share", such share shall be based on gross leased and occupied floor area in the Shopping Center, and Tenant's proportionate share shall be that fraction, the numerator of which is the total square footage of floor area in the Leased Premises, and the denominator of which is the total square footage of gross leased and occupied floor area (including the Leased Premises) in the Shopping Center. As used throughout this Lease, the "gross leased and occupied floor area" in effect for the whole of any Lease Year shall be the average of the gross leased and occupied floor area in effect on the first day of each calendar month in such Lease Year.
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Samples: Lease (Play Co Toys & Entertainment Corp), Lease (Play Co Toys & Entertainment Corp)
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 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 administration/technical support of the work specified in this Section 5.2; repair, maintenance and cleaning of such areas; costs and expenses for water and sewage usage in the Shopping Center; operation, repair, maintenance and reasonable depreciation of all temporary and permanent utility systems for the Retail Development, including, without limitation, heating, ventilating and air conditioning systems (HVAC systems), gas system(s), plumbing system(s); , electrical equipment and irrigational pumping system(s); operation, repair, maintenance and reasonable depreciation of emergency water and sprinkler main system(s) and security alarm system(s); operation, operation maintenance, repair and replacement of mechanical equipment including any automatic door openers, elevators, escalators, lighting fixtures (including replacement of poles, tubes and bulbs) and all other items of equipment used in connection with such areas; paper supplies in restrooms located in or about such areas; , cleaning, lighting, striping and landscaping, curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, pipes and canals serving the Retail Development; and there shall also be added to the foregoing costs and expenses an amount equal to fifteen percent (15%) of the total of all of the ongoing costs and expenses as Landlord's administrative fee. As stated throughout this Lease, whenever Tenant is obligated to pay its "proportionate share"" of a cost, expense or Taxes (as hereinafter defined) such share shall be based on gross leased and occupied floor area in the Shopping Center, and Tenant's proportionate share shall be that fraction, the numerator of which is the total square footage of floor area in the Leased Premises, and the denominator of which is the total square footage of gross leased and occupied floor area (including the Leased Premises) in the Shopping Center. As used throughout this Lease, the "gross leased and occupied floor area" in effect for the whole of any Lease Year shall be the average of the gross leased and occupied floor area in effect on the first day of each calendar month in such Lease Year. Notwithstanding anything to the contrary contained herein, Tenant=s share of Common Area Maintenance Expenses from the Commencement Date through December 31, 2000 shall not exceed Nine and 50/100ths Dollars ($9.50) per square foot of floor area of the Leased Premises per Lease Year, proportionately reduced for a partial Lease Year. Prior to the proration of such Common Area Maintenance Expenses to Tenant, there shall be deducted from the total of such Common Area Maintenance Expenses any amounts specifically contributed by the Major Tenants toward such Common Area Maintenance Expenses. It is further agreed that in no event shall Tenant be obligated for the capital costs of initially constructing the Retail Development or the capital costs of subsequent expansion construction for the Retail Development (i.e., adding new Major Tenants to the development or expanding the Shopping Center or the common areas).
Appears in 2 contracts
Samples: Lease (Play Co Toys & Entertainment Corp), Lease (Play Co Toys & Entertainment Corp)
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 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 administration/technical support of the work specified in this Section 5.2; repair, maintenance and cleaning of such areas; costs and expenses for water and sewage usage in the Shopping Center; operation, repair, maintenance and reasonable depreciation of all temporary and permanent utility systems for the Retail Development, including, without limitation, heating, ventilating and air conditioning systems (HVAC systems), gas system(s), plumbing system(s); , electrical equipment and irrigational pumping system(s); operation, repair, maintenance and reasonable depreciation of emergency water and sprinkler main system(s) and security alarm system(s); operation, operation maintenance, repair and replacement of mechanical equipment including any automatic door openers, elevators, escalators, lighting fixtures (including replacement of poles, tubes and bulbs) and all other items of equipment used in connection with such areas; paper supplies in restrooms located in or about such areas; , cleaning, lighting, striping and landscaping, curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, pipes and canals serving the Retail Development; and there shall also be added to the foregoing costs and expenses an amount equal to fifteen percent (15%) of the total of all of the ongoing costs and expenses as Landlord's administrative fee. As stated throughout this Lease, whenever Tenant is obligated to pay its "proportionate share"" of a cost, expense or Taxes (as hereinafter defined) such share shall be based on gross leased and occupied floor area in the Shopping Center, and Tenant's proportionate share shall be that fraction, the numerator of which is the total square footage of floor area in the Leased Premises, and the denominator of which is the total square footage of gross leased and occupied floor area (including the Leased Premises) in the Shopping Center. As used throughout this Lease, the "gross leased and occupied floor area" in effect for the whole of any Lease Year shall be the average of the gross leased and occupied floor area in effect on the first day of each calendar month in such Lease Year. Notwithstanding anything to the contrary contained herein, Tenant's share of Common Area Maintenance Expenses from the Commencement Date through December 31, 1999 shall not exceed seven and 50/100ths Dollars ($7.50) per square foot of floor area of the Leased Premises proportionately reduced for a partial Lease Year. Prior to the proration of such Common Area Maintenance Expenses to Tenant, there shall be deducted from the total of such Common Area Maintenance Expenses any amounts specifically contributed by the Major Tenants toward such Common Area Maintenance Expenses. It is further agreed that in no event shall Tenant be obligated for the capital costs of initially constructing the Retail Development or the capital costs of subsequent expansion construction for the Retail Development (i.e., adding new Major Tenants to the development or expanding the Shopping Center or the common areas).
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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 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 administration/technical support of the work specified in this Section 5.2; repair, maintenance and cleaning of such areas; costs and expenses for water and sewage usage in the Shopping Center; operation, repair, maintenance and reasonable depreciation of all temporary and permanent utility systems for the Retail Development, including, without limitation, heating, ventilating and air conditioning systems Prior to the proration of such Common Area Maintenance Expenses to Tenant, there shall be deducted from the total of such Common Area Maintenance Expenses any amounts specifically contributed by the Major Tenants toward such Common Area Maintenance Expenses. It is further agreed that in no event shall Tenant be obligated for the capital costs of initially constructing the Retail Development or the capital costs of subsequent expansion construction for the Retail Development (HVAC systemsi.e., adding new Major Tenants to the development or expanding the Shopping Center or the common areas). Notwithstanding anything contained in this Lease to the contrary, gas system(s), plumbing system(s); electrical equipment and irrigational pumping system(s); operation, repair, maintenance and reasonable depreciation the following shall be excluded from Common Area Maintenance Expenses in calculating Tenant's proportionate share: (i) the capital costs of emergency water and sprinkler main system(s) and security alarm system(s); operation, maintenance, repair and replacement initially constructing the Retail Development or the capital costs of mechanical equipment including any automatic door openers, elevators, escalators, lighting fixtures (including replacement of poles, tubes and bulbs) and all other items of equipment used in connection with such areas; paper supplies in restrooms located in or about such areas; cleaning, lighting, striping and landscaping, curbs, gutters, sidewalks, drainage and irrigation ditches, conduits, pipes and canals serving subsequent expansion construction for the Retail Development; (ii) executive salaries (employees senior to management personnel); (iii) leasing commissions and there shall also be added the expense of preparing leases; (iv) debt service and amortization under any mortgage encumbering the Shopping Center and charges and fees incurred by Landlord in connection with the procurement and recording of such mortgages or rental under any ground lease or other underlying lease; (v) the costs of Landlord's Work in connection with preparing any tenant's space (vi) any costs for which Landlord is reimbursed by insurance proceeds or condemnation awards; (vii) costs for which Landlord is reimbursed by individual tenants of the Shopping Center (viii) to the foregoing extent that any employee of Landlord performs work or services other than for the Retail Development, the portion of his salary allocable to work not performed in connection with the Retail Development; (ix) the costs and expenses an amount equal to fifteen percent (15%) of correcting defects in or inadequacies of the total of all initial design or construction of the ongoing costs and expenses Shopping Center, or repair and/or replacement of any of the original materials or equipment required as a result of such defects or inadequacies; (x) any expense resulting from the negligence of Landlord, its agents, servants or employees, or any expense incurred as a direct result of Landlord's administrative fee. As stated throughout this Leasefailure to use reasonable efforts to minimize expenses to the extent possible without detracting from the standards of a first class Shopping Center; (xi) the cost of any repair to remedy damage caused by or resulting from the negligence of any other tenant(s) in the Shopping Center, whenever Tenant is obligated including their agents, servants or employees; (xii) repairs or other work occasioned by casualty or the exercise of the right of eminent domain; (xiii) expenses incurred in build out, renovation or other improvement or decoration, painting or redecoration of any leasable area; (xiv) costs incurred due to the violation by Landlord or any tenant or occupant of any term or condition of any lease or rental arrangement covering space in the Shopping Center; (xv) any interest or penalties incurred as a result of Landlord's failure to pay its "proportionate share"any bill xx the same shall become due; (xvi) any and all costs associated with the operation of the business of the entity which constitutes Landlord, such share intending by this exclusion to distinguish the costs of operation of the common areas (excluded items shall specifically include but shall not be based on gross leased limited to formation of the entity, internal accounting and occupied floor area legal matters, including, but not limited to preparation of tax returns and financial statements and gathering of data therefor, costs of defending any lawsuits, except as the actions of Tenant may be an issue, costs of selling, syndication, financing mortgaging or hypothecating any of Landlord's interest in the Shopping Center, and Tenant's proportionate share shall be that fraction, the numerator of which is the total square footage of floor area in the Leased Premises, and the denominator of which is the total square footage of gross leased and occupied floor area (including the Leased Premises) in the Shopping Center. As used throughout this Lease, the "gross leased and occupied floor area" in effect for the whole costs of any Lease Year shall be the average of the gross leased disputes between Landlord and occupied floor area in effect on the first day of each calendar month in such Lease Year.its employees); (xvii) advertising and promotional expenditures or customer services, (xviii) costs, fines, or fees incurred by Landlord
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