COSTS OF OPERATION - EXCLUSIONS Sample Clauses

COSTS OF OPERATION - EXCLUSIONS. Costs of Operation shall exclude the following (determined in accordance with GAAP): (i) Costs of capital improvements and replacements (and all tools and equipment relating thereto), except to the extent specifically permitted to be included in Costs of Operation pursuant to Section 4.1(a)(1v); (ii) Repair costs to the extent that Sublandlord is reimbursed for such costs by insurance proceeds or condemnation proceeds; (iii) Costs arising from Sublandlord's political or charitable contributions; (iv) Costs (including "lease takeover" expenses, leasing commissions, brokerage fees, legal fees, and space planning fees) incurred in connection with the leasing of space in the Building and the renewal of existing leases; (v) Costs (including permit, license and inspection costs) incurred for installation of tenant improvements made for tenants or other occupants of the Building or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Building; (vi) Depreciation (other than on personal property, tools and moveable equipment described in clause (ii) of 4.1(a) above), debt service on mortgages encumbering the Building, reserves for capital replacements, bad debts or other purposes, or other similar charges not involving the payment of money to third parties (except as otherwise provided herein), and any ground lease rental; conventional decoration); (vii) Costs of purchasing fine art works (not including graphics, signs and (viii) Costs and expenses otherwise includable in Costs of Operation, to the extent that Sublandlord is directly reimbursed (or is required to be reimbursed under the terms of a binding lease or other agreement) for such costs and expenses by tenants (i.e., other than by paying a share of Costs of Operation), or other sources; (ix) Costs incurred by Sublandlord in providing services, utilities, or other benefits to other tenants or occupants of the Building which are not offered to Subtenant or for which Subtenant is charged directly but which are provided to one or more other tenants or occupants of the Building without charge (other than inclusion of the cost thereof in Costs of Operation), such as premises (as opposed to Common Area) janitorial services, HVAC services and electricity; (x) Advertising and promotional expenses; (xi) Electric power costs or other utility costs for which any tenant or occupant of the Building directly contracts with the local public ...
Sample 1
AutoNDA by SimpleDocs
COSTS OF OPERATION - EXCLUSIONS. Costs of Operation shall exclude: (i) income, franchise, gift, estate, inheritance, transfer, excise or excess profits taxes to the extent not levied in whole or partial substitution for any taxes described in clause (vi) of Subsection 3.06(a); (ii) costs of goods and services (including utilities) supplied to lessees and occupants of the Building to the extent directly reimbursed Landlord other than as provided in this Article 3; (iii) costs reimbursed by insurance proceeds; costs of installation of tenant improvements made only for specific tenants in the Building; (v) depreciation (other than as described in clause (ii) of Subsection 3.06(a)) and interest and principal on mortgages encumbering the Building; (vi) costs of leasing space in the Building and renewal or enforcement of existing leases, including leasing commissions and brokerage fees, legal fees, tenant improvement costs and allowances and advertising expenses; and (vii) costs and expenses otherwise includable in Costs of Operation, to the extent that the Landlord is reimbursed from other sources.
Sample 1

Related to COSTS OF OPERATION - EXCLUSIONS

  • Hours of Operation You can access automated account information through the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.

  • Statement of Operations Statement of Changes in Net Assets.

  • Payment of Operating Expenses Subject to the provisions of Section 6.08(c), Borrower will (i) pay the expenses of operating, managing, maintaining and repairing the Mortgaged Property (including utilities, Repairs and Capital Replacements) before the last date upon which each such payment may be made without any penalty or interest charge being added, and (ii) pay Insurance premiums at least 30 days prior to the expiration date of each policy of Insurance, unless applicable law specifies some lesser period.

  • Definition of Operating Expenses Operating Expenses" shall mean and include all expenses incurred and payable in connection with the ownership, operation, maintenance, repair and management of the Premises and the improvements thereon and, without restricting the generality of the foregoing, shall include:

  • Continuity of Operations Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.

  • CONTINUITY OF OPERATION Section 1: No Strikes, Work Stoppages or Lockouts

  • Commencement of Operations The Partnership shall not begin operations on its Leases unless the Managing General Partner is satisfied that necessary title requirements have been satisfied.

  • PERIOD OF OPERATION Subject to certification, this Agreement shall come into force from the first pay period commencing on or after 1st December 2002 and shall remain in force until 31 October 2005.

  • Duration of Operating Expense Limit The Operating Expense Limit with respect to the Fund shall remain in effect during the term of this Agreement.

  • Date of Operation 3.1 This Agreement remains in force until 2/7/2027. The agreement will continue to apply beyond its expiration date until it is replaced in accordance with the FW Act.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!