Common Operating Expenses Defined. The term “Common Operating Expenses” shall mean the following:
Common Operating Expenses Defined. The term “Common Operating Expenses” shall mean the total amounts paid or payable, whether by Landlord or others on behalf of Landlord, in connection with the ownership, maintenance, repair, and operations of the Building, the Common Areas and the Project, including without limitation, the following:
Common Operating Expenses Defined. The term “Common Operating Expenses” shall be determined as if the Project were one hundred percent (100%) occupied and shall mean the following:
A. All costs and expenses paid or incurred by Landlord in doing the following (including payments to independent contractors providing services related to the performance of the following): (i) maintaining, cleaning, repairing and resurfacing the roof (including repair of leaks) and the exterior surfaces of all buildings located on the Project; (ii) maintenance of the liability, fire, property damage and any other insurance covering the Project carried by Landlord pursuant to Section 9.2 or otherwise (including the prepayment of premiums for coverage of up to one (1) year); (iii) maintaining, repairing when necessary HVAC equipment, utility facilities and other building service equipment; (iv) providing utilities to the Project (including lighting, trash removal and water for landscaping irrigation); (v) complying with all applicable Laws and Private Restrictions; (vi) operating, maintaining, repairing, cleaning, painting the Common Area; (vii) replacement or installation of lighting fixtures, directional or other signs and signals, irrigation systems, trees, shrubs, ground cover and other plant materials, and all landscaping in the Common Area; (viii) providing the utilities and services described on Exhibit F, if any, other than those which are described herein as being separately chargeable to Tenant; and (ix) providing security services (if any);
B. The following costs: (i) Real Property Taxes as defined in Section 8.3; (ii) the amount of any deductible paid by Landlord under any insurance maintained by Landlord; (iii) the cost to repair damage caused by an Uninsured Peril up to a maximum amount in any twelve (12) month period equal to four percent (4%) of the replacement cost of the Project; and (iv) that portion of all compensation (including benefits and premiums for workers’ compensation and other insurance) paid to or on behalf of employees of Landlord but only to the extent they are involved in the performance of the work described by Sections 8.2A or 8.2D that is fairly allocable to the Project;
C. Fees for management services rendered by either Landlord or a third party manager engaged by Landlord (which may be a party affiliated with Landlord); and
D. All additional costs and expenses incurred by Landlord with respect to the operation, protection, maintenance of the Project which would be considered ...
Common Operating Expenses Defined. The term "Common Operating --------------------------------- Expenses" shall mean the following:
A. All costs and expenses paid or incurred by Landlord in doing the following (including payments to independent contractors providing services related to the performance of the following): (i) maintaining, cleaning, repairing and resurfacing the roof (including repair of leaks) and the exterior surfaces (including painting) of all buildings located on the Project; (ii) maintenance of the liability, fire, property damage, earthquake and other insurance covering the Project carried by Landlord pursuant to (P)9.2 (including the prepayment of premiums for coverage of up to one year); (iii) maintaining, repairing, operating and replacing when necessary HVAC equipment, utility facilities and other building service equipment; (iv) providing utilities to the Common Area (including lighting, trash removal and water for landscaping irrigation); (v) complying with all applicable Laws and Private Restrictions; (vi) operating, maintaining, repairing, cleaning, painting, restriping and resurfacing the Common Area;
Common Operating Expenses Defined. The term “
Common Operating Expenses Defined. Subject to the exclusions set forth in Section 8.4, the term “Common Operating Expenses” shall be determined as if the Project were one hundred percent (100%) occupied and shall mean the following:
Common Operating Expenses Defined. The term "Common Operating --------------------------------- Expenses" shall mean the following:
A. All costs and expenses paid or incurred by Landlord in doing the following (including payments to independent contractors providing services related to the performance of the following): (i) maintaining, cleaning, repairing and resurfacing the roof (including repair of leaks) and the exterior surfaces (including painting) of all buildings located on the Project, (ii) maintenance of the liability, fire and property damage insurance covering the Project carried by Landlord pursuant to Paragraph 9.2 (including the prepayment of premiums for coverage of up to one year); (iii) maintaining, repairing, operating and replacing when necessary HVAC equipment, utility facilities and other building service equipment; (iv) providing utilities to the Common Area (including lighting, trash removal and water for landscaping irrigation); (v) complying with all applicable Laws and Private Restrictions: (vi) operating, maintaining, repairing, cleaning, painting, restriping and resurfacing the Common Area;
Common Operating Expenses Defined. Additional exclusions to Common ---------------------------------- Operating Expenses shall include: (vi) costs occasioned by the act, emission or violation of Law by Landlord, or any of its Agents; (vii) costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain, except as provided elsewhere in this Lease; (viii)
(a) for which Landlord has a right of reimbursement from others, or (b) which Tenant reimburses Landlord directly or which Tenant pays directly to a third person, and (ix) insurance costs for coverage not customarily paid by tenants of similar projects in the vicinity of the Premises or co-insurance payments, unless required by law, or reasonably required by Landlord's Lender Tenant acknowledges that insurance costs at commercially reasonable rates relating to earthquake coverage shall not be excluded from the definition of Common Operating Expenses.
Common Operating Expenses Defined. Notwithstanding anything to the contrary in the Lease, Common Operating Expenses (and any terms of similar meaning in the Lease) shall not include, and Tenant shall have no liability for, the following expense items:
a. The construction costs, purchase price or depreciation of the Building or Project.
b. Costs incurred for the repair, maintenance or replacement of the structural components of the Building or Project, including, without limitation the structural portions of the beams, columns, foundations, footings, load bearing and exterior walls, structural slabs, and the roof, but excluding utility systems within such structural components and excluding the roof membrane.
c. Costs incurred for the repair, maintenance or replacement of the Building or Project, or any portion thereof, to the extent: (a) of the proceeds of insurance which Landlord is required to maintain under the Lease or actually maintains (whichever is greater), (b) of any reimbursement which Landlord is entitled to receive under any warranties or from any third party (other than on account of a tenant's proportionate share of Common Operating Expenses), (c) caused by the active neglect or misconduct of Landlord or Landlord's Agents; or (d) caused by other tenants or occupants of the Project or their Agents.
d. Rentals and other payments by Landlord under any ground lease or other lease underlying this Lease, and interest, principal, points, penalties and fees on any Security Instrument encumbering all or any portion of the Building or Project.
e. Expenses and penalties (including, without limitation, attorneys fees) incurred due to Landlord's violation of any lease, Security Instrument, Law or Private Restriction.
f. Leasing commissions, attorney's fees, tenant improvement costs and other costs and expenses incurred in connection with the leasing, or the improvement for leasing, of any premises.
g. Any cost incurred in furnishing items or services not made available to Tenant.
h. Advertising, marketing, media and promotional expenditures regarding the Building or Project, and costs of signs in or on the Project or Building identifying the owner, lender or any contractor thereof.
i. Salaries, wages and benefits paid or provided to persons not employed full-time in the management and operation of the Project; costs of automobiles and travel expenses; professional, civic or recreational membershp; costs of seminars, conventions, educational programs and the like; charitable and political c...
Common Operating Expenses Defined the term “Common Operating Expenses” shall mean all costs and expenses incurred by Landlord with respect to the operation, protection, improvement, maintenance, repair, replacement, and restoration of the Project including, without limitation, the following: (i) the operation, repair, maintenance and replacement of the roof, the exterior surfaces and interior improvements of all buildings located on the Project, the HVAC equipment, utility facilities and other building service equipment, and the Common Areas; (ii) Real Property Taxes as defined in 8.3; (iii) the amounts of any “deductible” and “coinsurance” paid by Landlord with respect to damage caused by an “Insurance Peril” (as hereinafter defined) or amounts incurred in connection with an “Uninsured Peril” (as hereinafter defined) up to a maximum amount in any twelve-month period equal to 2% of the replacement cost of the buildings or other improvements damaged; (v) maintenance of insurance carried by Landlord in connection with the Project; and (vi) management fees not exceeding the monthly rate of 5% of the gross revenues from the Project. If the Project is less than ninety-five percent (95%) occupied during all or a portion of any calendar year during the Lease Term, the variable components of the Common Operating Expenses as determined by Landlord shall be calculated as if the Project had been 95% occupied for the full calendar year.
