Common use of Definition of Operating Expenses Clause in Contracts

Definition of Operating Expenses. (a) When used in this Lease, “Operating Expenses” shall mean all expenses and costs of ownership, operation, management, maintenance, repair, replacement and safety of the Building and the Common Areas, including without limitation: (1) Real Estate Taxes (as hereafter defined); (2) premiums for insurance maintained by Landlord; (3) costs of repairs and maintenance to the Building, including periodic maintenance of the heating, ventilating and cooling systems; (4) charges for heat, water, sewer, gas, electricity and other utility services not otherwise separately metered to tenants; (5) janitorial and sanitation services, extermination, window washing, and trash removal (including any fines assessed to Landlord for recyclables not properly sorted); (6) costs of snow removal, lawn maintenance and landscaping; (7) costs for fire and security alarm systems and other security measures including policing of parking areas; (8) management fees payable to the managing agent for the Building and the Campus (provided, however, that if the management fees are paid to any affiliate of Landlord, then the amount thereof to be included in Operating Expenses shall not exceed such amount as is customarily being charged for similar services rendered to comparable buildings in the geographical market within which the Campus is located); (9) Essential Capital Improvements (as hereafter provided in Subsection d); (10) cost of elevator operation and maintenance, if any; (11) personal property taxes levied on or attributable to personal property used in connection with the operation, management, maintenance or repair of the Common Areas or the Building; (12) costs of licenses, permits and similar fees and charges related to operation, maintenance, repair, replacement or registration of the Building or the Campus (including with respect to any underground or above-ground storage tanks; (13) wages, salaries, bonuses and like expenses for management and security personnel; (14) costs of supplies, materials and equipment (including rental fees) used in connection with the operation, management, maintenance or repair of the Common Areas or the Building; and (15) without limiting any of the foregoing, such other expenses or charges which, in accordance with sound accounting and management principles generally accepted with respect to a first-class building or corporate park, would be construed as an Operating Expense. (The foregoing list is intended as an illustration of items which might be included as Operating Expenses and shall not be construed as Landlord’s commitment or obligation to provide same.) All Operating Expenses contained herein are prorated on a square foot basis with the exception of (8), Management Fees, which are prorated based upon the rent billed.

Definition of Operating Expenses. (a) When As used in this Lease, the term “Operating Expenses” shall mean consist of all reasonable costs and expenses and costs of ownership, operation, management, maintenance, repair, replacement maintenance and safety repair of the Building Project and the Common Areas as determined by standard accounting practices. Operating Expenses include the following costs by way of illustration but not limitation: (a) any and all assessments imposed with respect to the Project, Common Areas, including and/or Site pursuant to any covenants, conditions and restrictions affecting the Site, Common Areas or Project (“Private Restrictions”) as of the Effective Date, and any other Private Restrictions subsequently encumbering the Site that are approved by Tenant; (b) costs, levies or assessments arising after the date of this Lease resulting from statutes or regulations promulgated by any government authority in connection with the use or occupancy of the Site, Project or the Premises or the parking facilities serving the Site, Project or the Premises, if any; (c) the cost of window cleaning, window glass replacement and repair for the Site, Project, Premises and Common Areas; (d) security for the Site, Project, Premises and Common Areas; (e) costs incurred in the management of the Site, Project, Premises and Common Areas, including, without limitation: (1) Real Estate Taxes (as hereafter defined)supplies; (2) premiums wages, salaries, benefits, pension payments, fringe benefits, uniforms and dry-cleaning thereof (and payroll taxes, insurance and similar governmental charges related thereto) of employees up to the level of manager used in the operation and maintenance of the Site, Project and Common Areas (pro-rated for insurance maintained by Landlordthe time such employees provide services to the Project); (3) costs the rental of repairs personal property used by Landlord’s personnel in the maintenance, repair and maintenance to the Building, including periodic maintenance operation of the heating, ventilating and cooling systemsProject; (4) charges for heatmanagement office expenses including rent and operating costs to be spread across the manager’s entire portfolio, water, sewer, gas, electricity and other utility services not otherwise separately metered to tenantsprorata; (5) janitorial accounting fees, reasonable legal fees and sanitation services, extermination, window washingreal estate consultant’s fees directly and solely related to the operation of the Project, and trash removal (including 6) a management/administrative fee of 3% of Rent for the initial term of the Lease then to the then market rate for management fees for any fines extended term; (f) supplies, materials, equipment and the cost of maintenance, depreciation and replacement of machinery, tools and equipment owned by Landlord used in connection with the operation or maintenance of the Project; (g) customary and routine repair and maintenance of the roof membrane and structural portions and drainage of the Building (h) maintenance, costs and upkeep of all parking drainage and Common Areas and other costs levied, assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations thereof, promulgated by any governmental authority or insurer in connection with the use or occupancy of the Project, and the cost of maintaining any public transit system, transportation management program, vanpool, or other public or semi-public transportation requirements imposed in connection with Landlord’s ownership and operation of the Project; (i) any equipment, improvements, repairs or replacement that constitute a capital expenditure under customary real estate accounting practices of the Common Areas, (A) which is required under any governmental law or regulation (or any judicial interpretation thereof) or any insurance requirement that was not applicable to, and enforced against, the Building, Project or Site as of the Effective Date, (B) that are designed or reasonably anticipated to Landlord reduce the consumption of utility services to the Common Areas (but only to the extent of any anticipated savings in Operating Expenses during the amortization period for recyclables not properly sortedsuch capital improvement), (C) that are designed or reasonably anticipated to improve the operating efficiency of any system within the Common Areas or which is reasonably intended to reduce Operating Expenses, or (D) which, Landlord’s reasonably determines, are replacements or modifications of items to maintain the Project Common Areas in good order and condition (“Approved Capital Expenditures”); provided however, such costs shall be amortized on a straight-line basis over the useful life determined in accordance with standard accounting principles used by the commercial real estate industry in Santa Xxxxx County, CA, consistently applied, together with interest at seven percent (7%) per year on the unamortized balance of all costs of a capital nature (including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools); (6j) costs and expenses of snow removal, lawn maintenance gardening and landscaping; (7k) costs for fire and security alarm systems and maintenance of signs (other security measures including policing than signs of parking areas; (8) management fees payable to tenants of the managing agent for the Building and the Campus (provided, however, that if the management fees are paid to any affiliate of Landlord, then the amount thereof to be included in Operating Expenses shall not exceed such amount as is customarily being charged for similar services rendered to comparable buildings in the geographical market within which the Campus is locatedSite); (9) Essential Capital Improvements (as hereafter provided in Subsection d); (10) cost of elevator operation and maintenance, if any; (11l) personal property taxes levied on or attributable to personal property used in connection with the operationProject, management, maintenance or repair of the Common Areas or and/or the BuildingSite; and (12m) costs and expenses of licensesrepairs, permits and similar fees and charges related to operationresurfacing, repairing, maintenance, repairpainting, replacement or registration lighting, cleaning, refuse removal, security and similar items for the Project. Each of the Building or the Campus (including with respect to categories of Expenses shall be separately accounted for and in no event shall any underground or above-ground storage tanks; (13) wages, salaries, bonuses and like expenses for management and security personnel; (14) costs item of supplies, materials and equipment (including rental fees) used in connection with the operation, management, maintenance or repair of the Common Areas or the Building; and (15) without limiting any of the foregoing, such other expenses or charges which, in accordance with sound accounting and management principles generally accepted with respect to a first-class building or corporate park, would expense be construed counted more than once either as an Operating Expenseinclusion in or an exclusion from Expenses. (The foregoing list is intended as an illustration Nothing in the definition of items which might be included as Operating Expenses and shall not be construed as imply any obligation on the part of Landlord’s commitment or obligation to provide same.) All Operating Expenses contained herein are prorated on a square foot basis with the exception of (8), Management Fees, which are prorated based upon the rent billed.

Definition of Operating Expenses. (a) When used in this Lease, “Operating Expenses” shall mean all expenses and costs of ownership, operation, management, maintenance, repair, replacement and safety of the Building and the Common Areas, including without limitation: (1) Real Estate Taxes (as hereafter defined); (2) premiums for insurance maintained by Landlord; (3) costs of repairs and maintenance to the Building, including periodic maintenance of the heating, ventilating and cooling systems; (4) charges for heat, water, sewer, gas, electricity and other utility services not otherwise separately metered metered-to tenants; (5) janitorial and sanitation services, extermination, window washing, and trash removal (including any fines assessed to Landlord for recyclables not properly sorted); (6) costs of snow removal, lawn maintenance and landscaping; (7) costs for fire and security security-alarm systems and other security measures including policing of parking areas; (8) management fees payable to the managing agent for the Building and the Campus (provided, however, that if the management fees are paid to any affiliate of Landlord, then the amount thereof to be included in Operating Expenses shall not exceed such amount as is customarily being charged for similar services rendered to comparable buildings in the geographical market within which the Campus is located); (9) Essential Capital Improvements (as hereafter provided in Subsection d); (10) cost of elevator operation and maintenance, if any; (11) personal property taxes levied on or attributable to personal property used in connection with the operation, management, maintenance or repair of the Common Areas or the Building; (12) costs of licenses, permits and similar fees and charges related to to-operation, maintenance, repair, replacement or registration of the Building or the Campus (including with respect to any underground or above-ground storage tanks), other than any of the foregoing related to tenant improvements; (13) wages, salaries, bonuses and like expenses for management and security personnel; (14) costs of supplies, materials and equipment (including rental fees) used in connection with the operation, management, maintenance or repair of the Common Areas or the Building; and (15) without limiting any of the foregoing, such other expenses or charges which, in accordance with sound accounting and management principles generally accepted with respect to a first-class building or corporate park, would be construed as an Operating Expense. (The foregoing list is intended as an illustration of items which might be included as Operating Expenses and shall not be construed as Landlord’s commitment or obligation to provide same.) All Operating Expenses contained herein are prorated on a square foot basis with the exception of (8), Management Fees, which are prorated based upon the rent billed.)

Definition of Operating Expenses. (a) When used in this Lease, “"Operating Expenses” " shall mean all expenses and costs of ownership, operation, management, maintenance, repair, replacement and safety of the Building and the Common Areas, including without limitation: (1) Real Estate Taxes (as hereafter defined); (2) premiums for insurance maintained by Landlord; (3) costs of repairs and maintenance to the Building, including periodic maintenance of the heating, ventilating and cooling systems; (4) charges for heat, water, sewer, gas, electricity and other utility services not otherwise separately metered to tenants; (5) janitorial and sanitation services, extermination, window washing, and trash removal (including any fines assessed to Landlord for recyclables not properly sorted); (6) costs of snow removal, lawn maintenance and landscaping; (7) costs for fire and security alarm systems and other security measures including policing of parking areas; (8) management fees payable to the managing agent for the Building and the Campus (provided, however, that if the management fees are paid to any affiliate of Landlord, then the amount thereof to be included in Operating Expenses shall not exceed such amount amounts as is customarily being charged for similar services rendered to comparable buildings in the geographical market within which the Campus is located); (9) Essential Capital Improvements improvements (as hereafter provided in Subsection d); (10) cost of elevator operation and maintenance, if any; (11) personal property taxes levied on or attributable to personal property used uses in connection with the operation, management, maintenance or repair of the Common Areas or the Building; (12) costs of licenses, permits and similar fees and charges related to operation, maintenance, repair, replacement or registration of the Building or the Campus (including with respect to any underground or above-ground storage tanks), other than any of the foregoing related to tenant improvements; (13) wages, salaries, bonuses and like expenses for management and security personnel; (14) costs of supplies, materials and equipment (including rental fees) used in connection with the operation, management, maintenance or repair of the Common Areas or the Building; and (15) without limiting any of the foregoing, such other expenses or charges which, in accordance with sound accounting and management principles generally accepted with respect to a first-class building or corporate park, would be construed constructed as an Operating Expense. (The foregoing list is intended as an illustration of items which might be included as Operating Expenses and shall not be construed as Landlord’s 's commitment or obligation to provide same).) All Operating Expenses contained herein are prorated on a square foot basis with the exception of (8), Management Fees, which are prorated based upon the rent billed.