Common use of Common Facilities Charges Clause in Contracts

Common Facilities Charges. Tenant covenants and agrees to pay, as Additional Rent, Tenant’s Pro Rata Share of Common Facilities Charges (as herein defined). The term “Common Facilities Charges” shall mean: all costs and expenses of operating, repairing, maintaining, upkeep of the Common Facilities, the Building, the Improvements, the Property and the Project including, without limitation, upkeep and replanting of grass, trees, shrubs and landscaping; removal of dirt, debris, obstructions and litter from the Parking Area, landscaped areas, sidewalks and driveways; 5 day janitorial and trash removal for the Premises and trash and garbage disposal for the Common Facilities and the tenants of the Property or Project; exterior window washing; repairs, resealing, re-striping, sweeping and snow and ice removal from the Parking Area, sidewalks, and driveways; removal of graffiti and repair of vandalism; heating, ventilation and air conditioning units, systems, equipment and facilities (“HVAC”) serving the Demised Premises, other premises leased to other tenants of the Property or the Project, the Building and the Common Facilities including, without limitation, replacement of filters, periodic inspections and any maintenance contracts (provided that Landlord shall not be obligated to carry any maintenance contracts); building signs; stairways; elevators; skylights; gas, electricity, light, heat, power and other utilities for the Common Facilities; extermination services; fire protection systems, monitoring and sprinkler systems; exterior painting; interior painting of the Common Facilities; replacement of interior light bulbs, light fixtures and ballasts in the Common Facilities; maintenance and repairs to roofs; repair, maintenance and replacement of damaged or broken exterior glass or windows; water and sewage disposal systems and charges; storm drainage systems and charges (including, without limitation, any detention, drainage or pond areas located within the Project); irrigation and landscaping sprinkler systems; dues and fees; supplies and the cost of any rental of equipment in implementing such services; wages, salaries, compensation, taxes, medical and other insurance, pension and retirement plans, and all other benefits and costs of personnel engaged in the operation, management, maintenance, service or security of the Property or Project including, without limitation, property managers and all other personnel for the daily supervision and performance thereof; charges for professional management and administration of the Building, not to exceed 3% of revenue, the Common Facilities, the Property and the Project; all deductibles for Landlord’s Insurance; all alterations, additions, improvements and other capital expenditures for the Property or Project (a) in order to conform to changes subsequent to the date of this Lease in any laws, ordinances, rules, regulations or orders of any applicable governmental authority, (b) which are intended as a cost or labor saving device or to effect other economies in the operation of the Property or Project to the extent such costs are reduced or (c) which are reasonably determined by Landlord to be necessary or appropriate for the operation of the Property or Project, subject to amortization of such costs at a market rate of interest over the useful life thereof, as reasonably determined by Landlord’s accountants Collectively “Permitted” Capital Pass Through Costs; and personal property taxes, licenses and permits. The Common Facilities Charges shall not be subject to amortization except as otherwise expressly herein required. Landlord may cause any or all of such services to be provided by independent contractor(s) and sub-contractor(s). The cost of personnel will be prorated, in Landlord’s reasonable discretion, if such personnel provides services for other properties in addition to the Property or Project. Notwithstanding any contrary provision above "Common Facilities Charges" shall not include any of the following: (A) costs for which Landlord actually receives reimbursement by insurance, condemnation awards, warranties, or otherwise; (B) expenses incurred in leasing, including advertising expenses or leasing commissions paid to agents of Landlord or other brokers; (C) costs (other than Permitted Capital Pass Through Costs) of renovating or constructing space in the Project; (D) depreciation of the Building or Landlord's personal property at the Building; (E) interest on debt or amortization payments on any mortgage or deed of trust, rental under any prime lease or similar rental under any other superior lease or sublease; (F) any wages, salaries or other compensation paid to any employee not employed for or on behalf of the Building (to the extent wages, salaries, or other compensation are billed to the Building for any employee not employed by Landlord full-time on behalf of the Building, Landlord shall reasonably prorate such employee's time and xxxx to the Building only such time as the employee reasonably devotes to the Building or Building operations); (G) costs (other than Permitted Capital Pass Through Costs) of alterations and capital improvements which could not be expensed under generally accepted accounting principles, including without limitation resurfacing of any parking lots; (H) the costs incurred to remove or otherwise xxxxx asbestos or asbestos-containing materials or any hazardous or toxic materials from the Building; (K) that portion of any payment made to an affiliate of Landlord that is in excess of the amount which would have been paid in the absence of such relationship; (L) the costs for repairs or maintenance that are reimbursed by others, including, without limitation, reimbursement made on warranty claims; (M) interest, fines, late payment charges or penalties payable due to the failure of Landlord to pay utilities or other charges in a timely manner; (N) costs or expenses of or any special services or equipment rendered or incurred for a tenant if the same are not rendered to Tenant; (O) expenses for correcting structural defects in the construction of the Building or latent defects in the Premises; (P) reserves for Common Facilities Charges; and (Q) political and charitable contributions;

Common Facilities Charges. Tenant covenants and agrees to pay, as Additional Rent, Tenant’s Pro Rata Share of the Common Facilities Charges (as herein defined). The term “Common Facilities Charges” shall mean: mean all reasonable costs and expenses of operating, repairing, maintaining, upkeep and replacing of the Common Facilities, the Building, the Improvements, the Property and the Project including, without limitation, upkeep and replanting of grass, trees, shrubs and landscaping; , removal of dirt, debris, obstructions and litter from the Parking Area, landscaped areas, sidewalks and driveways; 5 day janitorial and trash removal for the Premises and trash and garbage disposal for the Common Facilities and the tenants of the Property or Project; exterior and interior window washing; repairsWashing of the Demised Premises, other premises leased to other tenants, the Building and the Common Facilities, repair, resurfacing resealing, re-striping, sweeping and snow and ice removal from the Parking Area, sidewalks, sidewalks and driveways; removal of graffiti and repair of vandalism; heating, ventilation and air conditioning units, systems, equipment and facilities (“HVAC”) serving the Demised Premises, other premises leased to other tenants of the Property or the Project, the Building and the Common Facilities including, including without limitation, replacement of filters, periodic inspections and any maintenance contracts (provided that Landlord shall not be obligated to carry any maintenance contracts); building signs; stairways; elevators; skylights; gas, electricity, light, heat, power and other utilities utility services for the Property or the Project (including the Demised Premises, other premises leased to other tenants, the Building and the Common Facilities); extermination services; fire protection systems, monitoring and sprinkler systems; exterior painting; interior painting of the Common Facilities; standard basic janitorial services (five times per week); replacement of interior light interior, light, bulbs, light fixtures and ballasts in (including the Demised Premises, other premises leased to other tenants, the Building and the Common Facilities; ), maintenance and repairs to roofs; repair, maintenance and replacement of damaged or broken exterior doors, glass or windows; water and sewage disposal systems and charges; storm drainage systems and charges (including, without limitation, any detention, drainage or pond areas located within the Project); irrigation and landscaping sprinkler systems; , association assessments, dues and fees; supplies and the cost of any rental of equipment in implementing such services; wages, salaries, compensation, taxes, medical and other insurance, pension and retirement plans, and all other reasonable and customary benefits and costs of or personnel engaged in the operation, management, maintenance, service or security of the Property or Project including, without limitation, property managers and all other personnel for the daily supervision and performance thereof; charges for professional management and administration of the Building, not to exceed 3% of revenue, the Common Facilities, the Property and the Project; all deductibles for Landlord’s InsuranceInsurance (subject to the limitations set forth in Section 6); all alterations, additions, improvements and other capital expenditures for the Property or Project (a) in order to conform to changes subsequent to the date of this Lease in any laws, ordinances, rules, regulations or orders of any applicable governmental authorityauthority enacted or first applicable to the Demised Premises by reason of a change of condition occurring after the date of this Lease, or (b) which are intended as a cost or labor saving device or to effect other economies in the operation of the Property or Project Project, but limited to the extent such costs are reduced or (c) which are reasonably determined by Landlord to be necessary or appropriate for the operation amount of the Property or Projectany actual savings, subject to amortization of such costs at a reasonable market rate of interest over the reasonably estimated useful life thereof, as reasonably determined by Landlord’s accountants Collectively “Permitted” Capital Pass Through Costs; and personal property taxes, licenses and permits. The Common Facilities Charges shall not be subject to amortization except as otherwise expressly herein required. Landlord may cause any or all of such services to be provided by independent contractor(s) and sub-contractor(s). The cost of personnel will shall be prorated, in Landlord’s reasonable discretion, if such personnel provides services for other properties in addition to the Property or Project. Notwithstanding any contrary provision above "Common Facilities Charges" Charges shall not include any be-deemed to exclude: (i) Taxes; (ii) Landlord’s Insurance costs; (iii) leasing commissions; (iv) management fees in excess of four percent (4%) of the following: (A) costs for which Landlord actually receives reimbursement by insurance, condemnation awards, warranties, or otherwiseBasic Rent and Additional Rent; (Bv) expenses incurred in leasing, including advertising expenses or leasing commissions paid to agents executive salaries above the grade of Landlord or other brokersbuilding manager; (Cvi) costs rent paid under Ground Leases (other than Permitted Capital Pass Through Costsin the nature of additional rent consisting of Common Facilities Charges or Taxes); (vii) payments of renovating interest or constructing space principal in respect of debt that is secured by a Mortgage and any other financing costs with respect to the Project; (D) depreciation of the Building or Landlord's personal property at the Building; (E) interest on debt or amortization payments on any mortgage or deed of trust, rental under any prime lease or similar rental under any other superior lease or sublease; (Fviii) any wages, salaries fee or other compensation paid to any employee not employed for or on behalf of the Building (to the extent wages, salaries, or other compensation are billed to the Building for any employee not employed by Landlord full-time on behalf of the Building, Landlord shall reasonably prorate such employee's time and xxxx to the Building only such time as the employee reasonably devotes to the Building or Building operations); (G) costs expenditure (other than Permitted Capital Pass Through Costs) of alterations and capital improvements which could not be expensed under generally accepted accounting principles, including without limitation resurfacing of any parking lots; (H) the costs incurred to remove or otherwise xxxxx asbestos or asbestos-containing materials or any hazardous or toxic materials from the Building; (Kmanagement fee provided in Section 7.2(iv)) that portion of any payment made is paid or payable to an affiliate of Landlord to the extent that is in excess of such fee or expenditure exceeds the amount which that would have been be reasonably expected to be paid in the absence of such relationship; (Lix) the costs cost of any capital improvements to the Project (except as otherwise expressly provided in Section 7.2 of this Lease); (x) amounts received by Landlord through proceeds of insurance to the extent the proceeds are compensation for expenses which were previously included in Common Facilities Charges hereunder; (xi) cost of repairs or maintenance that are reimbursed replacements incurred by othersreason of fire or other casualty, includingexcept for any uninsured minor casualties occurring in the general course of business, without limitation, reimbursement made on warranty claimsor caused by the exercise of the right of eminent domain; (Mxii) advertising expenditures; (xiii) interest, finespenalties and late charges that in any such case are paid or incurred as a result of late payments made by Landlord, late payment charges or penalties payable unless due to the failure of Landlord to pay utilities or other charges in a timely mannerTenant’s late payment; (Nxiv) charitable or political contributions made by Landlord, (xv) costs and expenses incurred for the handling, removal, treatment, disposal or replacement of asbestos or asbestos containing materials in the Building or Project, and costs and expense incurred for the handling, removal, treatment, disposal or replacement of asbestos or asbestos containing materials in the Building or Project, and costs and expense incurred for the handling; removal, treatment, disposal or replacement of other Hazardous Substances in the Building or Project to the extent any such Hazardous Substances violate applicable requirements as of the date of this Lease; (xvi) the costs or expenses of a management office located at the Property and any corporate or any special overhead costs of Landlord not attributable to services or equipment rendered or incurred for a tenant if provided by Landlord to the same are not rendered to TenantProperty; (Oxvii) expenses legal fees for correcting structural defects disputes with tenants and legal and auditing fees, other than legal and auditing fees reasonably incurred in connection with the construction maintenance and operation of the Project or in connection with the preparation of statements required pursuant to additional rent or lease escalation provisions; (xviii) costs and expenses to cure violations (including the cost of penalties and fines in connection therewith) existing against the Project, Building or latent defects in Property prior to the Premisesdate of this Lease; (Pxix) reserves costs for Common Facilities Chargesservices furnished to a particular tenant or tenants and not generally available to all tenants of the Project; and (Qxx) political cost of operating the exercise facility to the extent of any charges received by the operator thereof (other than Common Facilities Charges for other tenants of Lafayette Corporate Campus) and charitable contributions;if available to users other than occupants of Lafayette Corporate Campus, then the pro rata portion of the costs related to such additional users shall be excluded.

Common Facilities Charges. Tenant covenants and agrees to pay, as ------------------------------ Additional Rent, Tenant’s 's Pro Rata Share of Common Facilities Charges (as herein defined). The term “Common Facilities Charges” shall mean: all costs and expenses of operating, repairing, maintaining, maintaining and upkeep of the Common Facilities, the Building, the Improvements, the Property and the Project Facilities including, without limitation, upkeep and replanting of grass, trees, shrubs and landscaping; removal of dirt, debris, obstructions and litter from the Parking AreaAreas, landscaped areas, sidewalks and driveways; 5 day janitorial and trash removal for the Premises and trash and garbage disposal for the Common Facilities and the tenants of the Property or Project; exterior window washing; repairs, resurfacing, resealing, re-stripingrestriping, sweeping and snow and ice removal from the Parking AreaAreas, sidewalks, sidewalks and driveways; removal of graffiti and repair of vandalismsprinkler systems; building signs; stairways; heating, ventilation and air conditioning units, systems, equipment and facilities (“HVAC”) serving the Demised Premises, other premises leased to other tenants of the Property or the Project, the Building and the Common Facilities including, without limitation, replacement of filters, periodic inspections and any maintenance contracts (provided that Landlord shall not be obligated to carry any maintenance contracts); building signs; stairways; elevators; skylights; gas, electricity, light, heat, power and other utilities for the Common Facilities; extermination services; fire protection systems, monitoring systems and sprinkler systems; exterior painting; interior painting of the Common Facilities; replacement of interior light bulbs, light fixtures and ballasts in the Common Facilities; maintenance and repairs to roofs; repair, maintenance and replacement of damaged or broken exterior glass or windows; water and sewage disposal systems and chargessystems; storm drainage systems and charges (including, without limitation, any detention, drainage or pond areas located within the Project); irrigation and landscaping sprinkler systems; dues and fees; supplies supplies, personnel, and the cost of any rental of equipment in implementing such services; charges for professional management of the Property and Common Facilities, including wages, salaries, compensation, taxes, medical and other insurance, pension and retirement plans, and all other benefits and costs of personnel engaged in the operation, management, maintenance, service or security of the Property or Project including, without limitation, property managers and all other personnel payroll taxes paid by Landlord with respect to its employees for the daily supervision and performance thereof; charges for professional management and administration of the Building, not to exceed 3% of revenue, the Common Facilities, the Property and the Project; all deductibles for Landlord’s Insuranceproviding such services; all alterations, additions, improvements and other capital expenditures for changes made to the Property or Project (a) Improvements in order to conform to changes subsequent to the date of this Lease in any laws, ordinances, rules, regulations or orders of any applicable governmental authority, (b) which are intended as a cost or labor saving device or to effect other economies in the operation of the Property or Project to the extent such costs are reduced or (c) which are reasonably determined by Landlord to be necessary or appropriate for the operation of the Property or Project, subject to amortization of such costs at a market rate of interest over the useful life thereof, as reasonably determined by Landlord’s accountants Collectively “Permitted” Capital Pass Through Costs's accountants; and personal property taxes, licenses and permits. The Common Facilities Charges shall not be subject to amortization except as otherwise expressly herein required. Landlord may cause any or all of such services to be provided by employees of Landlord or by independent contractor(s) and sub-contractor(ssubcontractor(s). The cost of personnel will be proratedTenant shall pay to Landlord, monthly in Landlord’s reasonable discretion, if such personnel provides services for other properties in addition to the Property or Project. Notwithstanding any contrary provision above "Common Facilities Charges" shall not include any of the following: (A) costs for which Landlord actually receives reimbursement by insurance, condemnation awards, warranties, or otherwise; (B) expenses incurred in leasing, including advertising expenses or leasing commissions paid to agents of Landlord or other brokers; (C) costs (other than Permitted Capital Pass Through Costs) of renovating or constructing space in the Project; (D) depreciation of the Building or Landlord's personal property at the Building; (E) interest on debt or amortization payments on any mortgage or deed of trust, rental under any prime lease or similar rental under any other superior lease or sublease; (F) any wages, salaries or other compensation paid to any employee not employed for or on behalf of the Building (to the extent wages, salaries, or other compensation are billed to the Building for any employee not employed by Landlord full-time on behalf of the Building, Landlord shall reasonably prorate such employee's time and xxxx to the Building only such time as the employee reasonably devotes to the Building or Building operations); (G) costs (other than Permitted Capital Pass Through Costs) of alterations and capital improvements which could not be expensed under generally accepted accounting principles, including without limitation resurfacing of any parking lots; (H) the costs incurred to remove or otherwise xxxxx asbestos or asbestos-containing materials or any hazardous or toxic materials from the Building; (K) that portion of any payment made to an affiliate of Landlord that is in excess of the amount which would have been paid in the absence of such relationship; (L) the costs for repairs or maintenance that are reimbursed by others, includingadvance, without limitationnotice, reimbursement made on warranty claims; (M) interesteach day that payment of Monthly Rental is due, finesthe estimated monthly charge for the Common Facilities, late payment charges or penalties payable due as determined and redetermined from time to the failure of Landlord to pay utilities or other charges in a timely manner; (N) costs or expenses of or any special services or equipment rendered or incurred for a tenant if the same are not rendered to Tenant; (O) expenses for correcting structural defects in the construction of the Building or latent defects in the Premises; (P) reserves time by Landlord. The initial monthly charge for Common Facilities Charges; and is set forth in the Summary of Basic Lease Terms attached hereto. If the total monthly charges paid by Tenant are less than the Tenant's Pro Rata Share of the actual charges for Common Facilities, Tenant shall pay the difference to Landlord within ten (Q10) political and charitable contributions;days after demand by Landlord. If Tenant's Pro Rata Share of such actual charges is less than the total monthly charges paid by Tenant, the difference shall, at Landlord's option, except as may be otherwise required by law, either be paid to Tenant or credited against future monthly charges on the next applicable invoice for Basic Rent, Additional Rent or other amounts payable by Tenant under this Lease.