Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rent, if any; (g) management fees in excess of the greater of (A) 3% of the gross rentals collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class properties; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Manager; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials existing in the Premises as of the date hereof, (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, (t) political and charitable contributions and (u) costs of selling, syndicating, financing or mortgaging the Real Property.
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Excluded Expenses. (a) TaxesNotwithstanding anything to the contrary set forth in this Lease, Tenant shall in no manner be liable for any of the following obligations, and such shall not be included in any calculation of Minimum Rent, nor shall such be an Imposition or other Additional Charge to be paid by Tenant, and Landlord shall pay, or cause to be paid, the following: any costs occurred by Landlord’s breach of any covenants or obligations under this Lease; (b) franchise costs resulting from violation of any environmental or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) Hazardous Materials Laws during construction of the Premises or the cost to purchase environmental insurance; any expenses for overhead, office costs, staff salary, benefits or other compensation of any Landlord or affiliated entity or employee; any fines Landlord must pay as a result of a failure to comply with laws, ordinances or municipal codes and the like during acquisition of the Land and construction of the Building and/or Premises; any costs incurred because of Landlord’s negligence; any fees and expenses paid to affiliates of Landlord in excess of market rates; advertising and promotional expenses, financing costs including interest and principal amortization of debts; costs of any items for which Landlord is or is entitled to be paid or reimbursed by insurance; increased insurance or taxes assessed specifically to any tenant installations of the Building other than Tenant or for which Landlord is entitled to full reimbursement from any other tenant; charges for electricity, water or other utilities and decorations applicable taxes for which Landlord is entitled to full reimbursement from any other tenant; cost of any HVAC, janitorial or other services provided to tenants other than Tenant on an extra cost basis after regular business hours; cost of any work or service performed on an extra cost basis for any tenant in the Building other than Tenant to a materially greater extent or in a materially more favorable manner than furnished generally to tenants and other occupants; any mitigation or impact fees or subsidies (however characterized), imposed or incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rent, if any; (g) management fees in excess of undertaking the greater of (A) 3% of the gross rentals collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class properties; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Manager; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing construction of the Building; attorneys’ fees and accounting and other professional fees (p) except to the extent provided in the Final Project Budget); leasing commissions; management fees of any kind except as provided for under Section 2.2; any cost associated with operating an on-or off-site management office for the Building; charitable or political contributions; tenant improvement work for any tenant other than Tenant; costs of installingany alterations, operating and maintaining a specialty improvementadditions, including a cafeteriachanges, lodging or private dining facilityrepairs, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation replacements or other treatment of asbestos or any other Hazardous Materials existing in items which, under generally accepted accounting principles, are properly classified as capital expenses, except to the Premises as of the date hereof, (s) the cost of capital improvements other than those extent that Landlord is expressly included in Operating Expenses allowed to recover such costs pursuant to Section 8.1 7.1(a) hereof; late fees or charges incurred by Landlord due to late payment of this Leaseexpenses; cost of acquiring sculptures, paintings and other art objects, except to the extent requested by Tenant; and taxes on Landlord’s business (t) political and charitable contributions and (u) costs such as income, excess profits, franchise, capital stock, estate, inheritance, etc.). In no event shall Landlord recover any item of selling, syndicating, financing or mortgaging the Real Propertycost more than once.
Appears in 2 contracts
Samples: Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.), Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rentfixed rent under Superior Leases, if any; (g) management fees to the extent in excess of the greater of (A) 3% five percent (5%) of the gross rentals and other revenues collected for the Building Real Property (plus reimbursable expenses payable in connection with property management services), and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiesproperties in the area of the Building; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Managerproperty manager or chief engineer and their immediate supervisor; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "“rent-inclusion" ” basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable reimbursed by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of such facility without additional cost (other than payments for key deposits, use of towels, or other incidental items) or on a subsidized basis consistent with other users; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises in violation of applicable Requirements as of the date hereof, ; and (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, (t) political and charitable contributions and (u) costs of selling, syndicating, financing or mortgaging the Real Property7.1.
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Samples: Lease (Marchex Inc), Lease (Marchex Inc)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rentrent under Superior Leases, if anyany (except to the extent that any such rent constitutes a pass-through of expenses that would otherwise qualify as Operating Expenses under the Lease); (g) management fees to the extent in excess of the greater of (A) 35% of the gross rentals and other revenues collected for the Building and Real Property (B) provided, however, that to the extent that management fees charged by Landlord or related entities in any Comparison Year exceed as a percentage of revenues the percentage of revenues used to determine management fees in the Base Year, then, for purposes of determining the amount of Tenant’s Operating Payment for such Comparison Year, Base Operating Expenses shall be retroactively adjusted to reflect the amount of Base Operating Expenses that would have been incurred had the increased percentage of management by any of them of other first class propertiesfee been applicable in the Base Expense Year); (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Managerbuilding manager (or comparable designation); (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "“rent-inclusion" ” basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs (other than management fees) paid to any Related Entity related entity in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) fees arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (rq) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises Real Property as of the date hereof, hereof or subsequently released on the Real Property by any person; (sr) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 7.1; (s) costs relating to the repair, maintenance and operation of this Lease, the Garage; and (t) political and charitable contributions and any ground or underlying lease rental; (u) bad debt expenses and interest, principal, points and fees on debts or amortization on any mortgage or other debt instrument encumbering the Building or the Real Property; (v) rentals for items which if purchased, rather than rented, would constitute a capital cost, except to the extent such capital cost can be included in Operating Expenses pursuant to the terms of Section 7.1(e) of the Lease; (w) depreciation, amortization and interest payments, except on equipment, materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party’s services, all as determined in accordance with generally accepted accounting principles, consistently applied, and when depreciation or amortization is permitted or required, the item shall be amortized over its reasonably anticipated useful life; (x) expenses in connection with services or other benefits which are not offered to Tenant or for which Tenant is charged for directly; (y) Landlord’s general corporate overhead and general and administrative expenses, except to the extent included in the management fee; (z) any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (aa) services provided, taxes, attributable to, and costs incurred in connection with the operation of any retail, restaurant and garage operations for the Building, and any replacement garages or parking facilities and any shuttle services; (bb) costs incurred in connection with upgrading the Building to comply with laws, rules, regulations and codes in effect prior to the Commencement Date; (cc) costs arising from the negligence or willful misconduct of Landlord or other tenants or occupants of the Building or their respective agents, employees, licensees, vendors, contractors or providers of materials or services; (dd) Landlord’s charitable or political contributions; (ee) costs associated with the operation of the business of the entity which constitutes Landlord as the same are distinguished from the costs of operation of the Building, including accounting and legal matters; (ff) costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue); (gg) costs of selling, syndicating, financing financing, mortgaging or mortgaging hypothecating any of Landlord’s interest in the Real PropertyBuilding; and (hh) costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants.
Appears in 2 contracts
Excluded Expenses. Notwithstanding anything to the contrary set forth in this Lease, Tenant shall in no manner be liable for any of the following obligations, and such shall not be included in any calculation of Minimum Rent, nor shall such be an Imposition to be paid by Tenant, and Landlord shall pay, or cause to be paid, the following: (ai) Taxesany costs occurred by Landlord’s breach of any covenants or obligations under this Lease; (bii) franchise costs resulting from violation of any environmental laws or income taxes imposed upon Hazardous Materials Laws by Landlord or any third party (except that Tenant remains liable for any violation of environmental laws or Hazardous Materials Laws by Tenant and its agents, employees, contractors, subcontractors, visitors, suppliers and vendors); (iii) costs necessary to correct faulty design or defective construction of the Leased Property; (iv) any expenses for Landlord’s overhead, office costs, staff salary, benefits or other compensation of any Landlord or affiliated entity or employee; (v) any costs incurred because of Landlord’s negligence; (vi) any fines Landlord must pay as a result of Landlord’s failure to comply with laws, ordinances or municipal codes and the like during acquisition of the Land and construction of the Improvements; (vii) any fees and expenses paid to affiliates of Landlord in excess of market rates; (viii) Landlord’s advertising and promotional expenses; (ix) interest on financing incurred by Landlord (except as specifically included in the Final Project Budget) and any and all principal amortization of debts incurred by Landlord; (cx) mortgage amortization and interestrental on ground leases or other underlying leases; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rent, if any; (g) management fees in excess of the greater of (A) 3% of the gross rentals collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class properties; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Manager; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (jxi) costs of services provided to any items for which Landlord is reimbursed by any insurance; (xii) attorneys fees and accounting and professional fees (except as specifically included in the Final Project Budget), other tenants of the Building on a "rent-inclusion" basis than attorneys fees which are not expressly provided to Tenant on such basisfor elsewhere in this Lease; (kxiii) costs that are reimbursed out of insurance, warranty charitable or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clausepolitical contributions; and (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club; (qxiv) any costs or expenses (including fines, interest, penalties and legal fees) arising out management fees of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment any kind. In no event shall Landlord recover any item of asbestos or any other Hazardous Materials existing in the Premises as of the date hereof, (s) the cost of capital improvements other more than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, (t) political and charitable contributions and (u) costs of selling, syndicating, financing or mortgaging the Real Propertyonce.
Appears in 2 contracts
Samples: Lease Agreement, And Restated Lease Agreement (Global Medical REIT Inc.)
Excluded Expenses. The term “Operating Expenses” shall not include the following, to the extent applicable to this Building: (ai) Taxesrepairs, restoration, or other work occasioned by fire, windstorm, or other casualty or condemnation to the extent covered by insurance or condemnation proceeds; (bii) franchise expenses incurred in leasing or income taxes imposed upon Landlordprocuring tenants; (c) mortgage amortization and interest; (diii) leasing commissions; (eiv) the cost of tenant installations advertising and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessionspromotional expenses; (fv) ground rent, if anylegal expenses incident to enforcement by Landlord of the terms of any lease; (gvi) management fees in excess of the greater of (A) 3% of the gross rentals collected for the Building and (B) fees charged by Landlord depreciation or related entities for the management by any of them of other first class propertiesamortization allowance or expense; (hvii) wages, salaries and benefits paid painting or decorating in space to any persons (other than project accountants) above the grade of Building Managerbe leased to tenants; (iviii) legal and accounting fees relating any tenant work performed or alterations of space leased to (A) disputes with tenants, prospective tenants or other occupants of the Building, whether such work or alterations are performed for the initial occupancy by such tenant or occupant or thereafter; (Bix) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees utilities for which Landlord is reimbursed by Tenant (other than as a proportionate share of the Building or the Real Property Operating Expenses); (x) any ground rent; (xi) interest on indebtedness or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty financing or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in refinancing the Building; (oxii) appraisalexcept as set forth in subsection (xxviii) below, advertising and promotional expenses in connection with leasing compensation paid to all employees of Landlord; (xiii) overtime HVAC costs or electricity costs if charged separately to other tenants or occupants of the Building; (pxiv) cost of any special service provided to a tenant or occupant of the costs Building which is not provided generally to all tenants of installingthe Building; (xv) any cost representing an amount paid for services or materials to a person, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facilityfirm, or entity related to Landlord to the extent such amount exceeds the amount that would be paid for such services or materials at the then-existing market rates to an athleticunrelated person, luncheon firm, or recreational clubentity; (qxvi) acquisition of art work; (xvii) late fees or penalties; (xviii) any costs income received by Landlord for the use of an eating establishment, conference center, athletic facilities, broadcasting facilities, or expenses other similar facilities within the Building; (including finesxix) capital stock, interestsuccession, penalties and legal fees) arising out transfer, gift, estate or inheritance taxes of Landlord's failure to timely pay Operating Expenses or Taxes; (rxx) costs any expense incurred by Landlord from the operation of its own commercial space in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials existing in the Premises as of the date hereof, (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, (t) political and charitable contributions and (u) costs of selling, syndicating, financing or mortgaging the Real Property.the
Appears in 1 contract
Samples: Purchase and Sale Agreement (Physicians Realty Trust)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters permits, inspections, allowances, Work Letters and concessions; (f) ground rentfixed rent under Superior Leases, if any; (g) management fees to the extent in excess of the greater of (A) 3% of the gross rentals and other revenues collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiesReal Property; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Manager; Manager and their immediate supervisor (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "“rent-inclusion" ” basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant (including, without limitation, Tenant’s Excess Electrical Usage) or other tenants other than pursuant to an expense escalation clause; (l1) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of such facility without additional cost or on a subsidized basis consistent with other users; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (r) I costs incurred in connection with the testing, surveying, containing, removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises as of the date hereof, (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease7.1, (t) political and charitable contributions and mortgage payments or other financing costs; (u) depreciation (except as to tools and equipment used exclusively in the maintenance of the Building); (v) Landlord’s general corporate overhead and general and administrative expenses related to personnel above the level of the immediate supervisor of the property manager for the Building; (w) advertising and promotional expenditures; (x) charitable or political contributions; (y) reserves for expenses beyond current year anticipated expenses; (z) any compensation paid or costs incurred in connection with commercial concessions operated by Landlord; (aa) costs incurred in connection with the sale or transfer of selling, syndicating, financing or mortgaging the Real Property, including, without limitation, transfer taxes, recording fees, title insurance premiums, appraisal costs and escrow fees; (bb) expenses for replacements arising from the initial defective or improper construction of the Building regardless of whether such expenses are reimbursed to Landlord by virtue of warranties from contractors or suppliers; (cc) except to the extent of any cost savings, costs and expenses paid or incurred by Landlord to convert, modify or replace HVAC components in the Building using chlorofluorocarbons to alternative refrigerant technology; (dd) costs of reconstruction or repair of the Building pursuant to Article 11 or Article 12 of this Lease; (ee) costs of electrical power for which any tenant directly contracts with the applicable utility provider; (ff) costs or expenses due to Landlord’s negligence or willful misconduct, or Landlords failure to comply with the terms of this Lease; and (gg) costs incurred in connection with a sale or other change in ownership of the Building, including without limitation, brokerage commissions, attorneys’ and accountants’ fees, closing costs, title insurance premiums and transfer taxes. Landlord shall equitably prorate all Operating Expenses and Taxes (if any) which relate both to the Building and any other property owned by Landlord or an affiliate of Landlord. In no event shall Landlord bxxx tenants of the Building in the aggregate for more than 100% of the cost actually incurred by Landlord for any item of Operating Expense. The foregoing schedule of exclusions is intended to function solely as an exclusionary listing and shall not be interpreted to permit or authorize any cost or expense which would not otherwise be considered to be an Operating Expense.
Appears in 1 contract
Samples: Sublease (K12 Inc)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rentfixed rent under Superior Leases, if any; (g) management fees to the extent in excess of the greater of (A) 33.5% of the gross rentals and other revenues collected for the Building Real Property (plus reimbursable expenses payable in connection with property management services), and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiesproperties in the area of the Building; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Managerproperty manager or chief engineer; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "“rent-inclusion" ” basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable reimbursed by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (on) appraisal, advertising and promotional expenses in connection with leasing of the Building; (po) the costs of installing, operating and maintaining a specialty improvement, including a conference center, a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of such facility without additional cost (other than payments for key deposits, use of towels, or other incidental items) or on a subsidized basis consistent with other users; (qp) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (rq) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises in violation of applicable Requirements as of the date hereof, ; (sr) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 7.1; (s) costs of this Lease, any leasing office located at the Building; (t) political costs due to violation by Landlord or its agent of the terms and charitable contributions and conditions of any lease or of any law, statute, ordinance or of any insurance rating bureau or other quasi-public authority, or of any debt agreement or ground lease; (u) costs any cost paid to any person or entity related to Landlord which is in excess of selling, syndicating, financing the amount which would be paid absent such relationships; and (v) expenses incurred by Landlord in connection with the transfer or mortgaging disposition of the Real PropertyLand or Building or Landlord’s interest therein.
Appears in 1 contract
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed ----------------- upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rent, if any; (g) management fees in excess exceeding an amount (the "Management Fee") equal to three percent (3%) of the greater sum of (A) 3% of the gross rentals collected for the Building and Fixed Rent due under this Lease, (B) fees charged by Landlord or related entities for the management by any aggregate of them of other first class propertiesall Operating Expenses excluding the Management Fee and (C) Taxes; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Manager; (i) legal and accounting fees fees, judgments and other costs relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees Mortgagees or prospective mortgagees Mortgagees, Lessors or prospective Lessors of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) consulting, brokerage, appraisal, advertising and promotional fees and expenses in connection with leasing the leasing, financing or sale of the Building; (p) the costs of installing, operating and maintaining a specialty improvementimprovement or an improvement other than for general office use, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials existing in other than with respect to any Hazardous Materials introduced into the Premises as of and/or the date hereofBuilding by Tenant or its employees, agents or contractors, and (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, ; (t) political and charitable contributions and costs of correcting defects in, or significant design error relating to, the initial design or construction of the Building; (u) costs the wages and benefits of selling, syndicating, financing any employee who does not devote substantially all of his or mortgaging her employed time to the operation and management of the Building or Real Property unless such wages and benefits are prorated to reflect time spent on operating and managing the Real Property vis-a-vis time spent on matters unrelated to operating and managing the Real Property; (v) charitable and political contributions or membership fees (w) any costs expressly excluded from Operating Expenses elsewhere in this Lease; (x) costs or expenses arising from the active negligence or willful misconduct of Landlord or Landlord's agents, servants or employees or from the breach by Landlord of any of its obligations under this Lease; (y) except for any amortization or depreciation charges expressly provided for in this Lease as includable in Operating Expenses, depreciation charges or contributions to capital replacement reserves; (z) except for costs and expenses incurred for maintenance and repair of objects of art on or about the Real Property for which Landlord is responsible including, without limitation, such artwork referred to in Section 31.18, costs for any sculptures, paintings, furniture or other objects of art; (aa) charges to reserves for uncollectible accounts; (ab) costs and expenses associated with the operation of the entity that is Landlord including associated accounting and legal fees, costs concerning disputes with Landlord's Agent or Landlord's other agents and employees, and general corporate and administrative expenses (other than travel and related expenses reasonably incurred by persons responsible for the operation, management and repair of the Building who are based outside of the San Francisco Bay Area); (ac) costs incurred to correct any "Year 2000" software problems in any Building Systems; and (ad) the amount of any deductible carried by Landlord under insurance policies respecting the Building which exceed One Hundred Fifty Thousand Dollars ($150,000.00) or, with respect to earthquake insurance, five percent (5%) of the replacement value of the Building. Governmental Authority (Authorities): The United States of America, ------------------------------------ the City of Cupertino, County of Santa Xxxxx, or State of California, or any political subdivision, agency, department, commission, board, bureau or instrumentality of any of the foregoing, now existing or hereafter created, having jurisdiction over the Real Property or any portion thereof or the curbs, sidewalks, and areas adjacent thereto.
Appears in 1 contract
Samples: Lease (Portal Software Inc)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters work letters and concessions; (f) rental payments made under any ground rentlease, except to the extent such rental payments represent Taxes or the provision of goods and/or services that, if anyprovided by Landlord, would be includable in Operating Expenses; (g) management fees to the extent in excess of the greater of (A) 3% of the gross rentals and other revenues collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiesReal Property; (h) wages, salaries and benefits paid to or taxes paid for any persons (other than project accountants) above not directly involved with the grade management of the Building Manageror the oversight thereof; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services any utilities, amenities, service or increased level of service provided to other tenants a tenant of the Building on a "rent-inclusion" basis which that are not provided or available to Tenant on (including any overtime premiums to perform such basiswork or services); (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of such facility without additional cost or on a subsidized basis consistent with other users; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises as of the date hereof, ; (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, 7.1; (t) political depreciation and charitable contributions and amortization of capital improvements, except to the extent included in Section 7.1; (u) costs incurred by Landlord for the original development and construction of sellingthe Building; (v) any costs actually reimbursed under any service contracts or under the warranty of any general contractor, syndicating, financing subcontractor or mortgaging supplier and realized by Landlord; and (w) fees paid by Landlord to the Real PropertyOperator.
Appears in 1 contract
Samples: Lease (Convio, Inc.)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rent, if any; (g) management fees in excess of the greater of (A) 3% of the gross rentals collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiesBuilding; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Manager; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basisbasis and electricity provided to other tenants of the building at no charge during the initial construction of their premises; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; , (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials existing in the Premises as of the date hereof if the removal, encapsulation or other treatment of such asbestos or Hazardous Material is required as of the date hereof, ; (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, ; (t) political the costs of repairs made by Landlord resulting from damage, structural or non-structural, due to the negligence of Landlord or its agents, servants or employees; (w) depreciation or amortization of the Building; (v) Rent and charitable contributions Additional Rent paid by Landlord for its office space in the Building or elsewhere and incidental expenses relating to such office space; (w) damages paid by Landlord and the costs of litigation in connection with actions by tenants against Landlord for Landlord's negligence or claimed breaches by it of its contractual obligations with such tenants; (x) to the extent that any employee of Landlord performs work or services other than for the Building, the reasonably allocable portion of the compensation of such employee with respect to work not performed in connection with the Building; (y) rental concession and lease buy-outs; (z) expenses (including attorney's fee and overtime) incurred in curing Landlord's defaults under, or performing work resulting from violations by Landlord of, the terms of any lease for space in the Building; (aa) costs incurred by Landlord related to an actual or proposed sale of the Building; (bb) costs incurred as a result of Landlord's compliance with the Americans with Disabilities Act of 1990 as such law is interpreted and applied as of the date hereof other than an existing Requirement which Landlord was not required to satisfy as of the date hereof; and (ucc) the costs incurred by Landlord to purchase artwork located in or about the Building. GOVERNMENTAL AUTHORITY (AUTHORITIES): The United States of sellingAmerica, syndicatingthe State and City of New York, financing any political subdivision and any agency, department, commission, board, bureau or mortgaging instrumentality of any of the foregoing, now existing or hereafter created, having jurisdiction over the Real PropertyProperty or any portion thereof or the curbs, sidewalks, and areas adjacent thereto.
Appears in 1 contract
Samples: Kasper a S L LTD
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rentfixed rent under Superior Leases, if any; (g) management fees to the extent such fees are in excess of the greater of (A) 3% of the gross rentals and other revenues collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiesReal Property; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building ManagerManager and their immediate supervisor; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "“rent-inclusion" ” basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l)) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of such facility without additional cost or on a subsidized basis consistent with other users; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials existing (classified as such on the Effective Date), provided that costs related to Hazardous Materials incurred by Landlord in the Premises as ordinary course of operating of the date hereofBuilding, such as the cost to dispose of batteries and diesel fuel, shall be included in Expenses; (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, 7.1; (t) political all costs relating to the repair, maintenance and charitable contributions and operation of any garage serving the Building; (u) depreciation or reserves; (v) cost of any special electrical, heating, ventilation or air conditioning or any other service provided to any tenant that exceeds normal building standards or is required during times other than normal business hours, whether or not Landlord is reimbursed by such tenant; (w) salaries, fringe benefits and other costs of sellingpersonnel, syndicatingto the extent such personnel do not work full-time at the Building, financing unless such costs are equitably apportioned; and (x) costs for the acquisition or mortgaging the Real Propertyleasing of sculpture, paintings or other objects of art.
Appears in 1 contract
Samples: Lease (Durata Therapeutics, Inc.)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rentfixed rent under Superior Leases, if any; (g) management fees in excess of equal to the greater of (A) 3% of the gross rentals collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiesproperties in the area of the Building; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building ManagerManager and their immediate supervisor; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "arm's length" or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises as of the date hereof, (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, 7.1; (t) political bad debt expenses and charitable contributions interest, principal, points and fees on debts or amortization on any mortgage or other debt instrument encumbering the Building or the Land; (u) rentals for items which if purchased, rather than rented, would constitute a capital cost not includable within Operating Expense but excluding small tools, Building management office equipment and equipment rented on a temporary basis while performing repairs at the Building; (v) depreciation, amortization and interest payments, except on equipment, materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party's services, all as determined in accordance with generally accepted accounting principles, consistently applied, and when depreciation or amortization is permitted or required, the item shall be amortized over its reasonably anticipated useful life; (w) costs, including permit, license and inspection costs, incurred with respect to the installation of tenants; or other occupants' improvements or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Building; (x) all items and services for which Tenant directly reimburses Landlord or pays third persons for such services which are otherwise not offered by Landlord to all tenants of the Building or which Landlord provides selectively to one or more tenants of the Building which are not customary for normal office use; (y) costs incurred by Landlord due to the violation by Landlord or any tenant of the terms and conditions of any lease of space in the Building; (z) salaries and/or benefits attributable to Building property management personnel above the level of the Building's manager's supervisor; (aa) rent for any office space occupied by Building management personnel to the extent the size or rental rate for such office space exceeds the size or fair market rental value of office space occupied by management personnel of Comparable Buildings; (ab) Landlord's general corporate overhead and general and administrative expenses as distinguished from the costs of the management, operation, maintenance and repair of the Building; (ac) any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (ad) costs arising from the negligence or willful misconduct of Landlord or Landlord's Agent or their respective agents, employees, contractors or providers of materials or services; (ae) costs arising from Landlord's charitable or political contributions; (af) costs for the acquisition of sculpture, paintings or other objects of art provided that Operating Expenses shall include the cost of maintaining, insuring and securing such items in the Common Areas only; and (ag) costs associated with the operation of the business of the entity which constitutes Landlord as the same are distinguished from the costs of operation of the Building, including certain accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing financing, mortgaging or mortgaging hypothecating any of Landlord's interest in the Real PropertyBuilding, costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants.
Appears in 1 contract
Samples: Lease (Cmgi Inc)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed ----------------- upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rent, if any; (g) management fees in excess exceeding an amount (the "Management Fee") equal to three percent (3%) of the greater sum of (A) 3% of the gross rentals collected for the Building and Fixed Rent due under this Lease, (B) fees charged by Landlord or related entities for the management by any aggregate of them of other first class propertiesall Operating Expenses excluding the Management Fee and (C) Taxes; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Manager; (i) legal and accounting fees fees, judgments and other costs relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees Mortgagees or prospective mortgagees Mortgagees, Lessors or prospective Lessors of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) consulting, brokerage, appraisal, advertising and promotional fees and expenses in connection with leasing the leasing, financing or sale of the Building; (p) the costs of installing, operating and maintaining a specialty improvementimprovement or an improvement other than for general office use, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials existing in other than with respect to any Hazardous Materials introduced into the Premises as of and/or the date hereofBuilding by Tenant or its employees, agents or contractors, and (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, ; (t) political and charitable contributions and capitalized costs incurred in correcting defects in, or significant design errors relating to, the initial design or construction of the Building; (u) costs the wages and benefits of selling, syndicating, financing any employee who does not devote substantially all of his or mortgaging her employed time to the operation and management of the Building or Real Property unless such wages and benefits are prorated to reflect time spent on operating and managing the Real Property vis-a-vis time spent on matters unrelated to operating and managing the Real Property; (v) charitable and political contributions or membership fees; (w) any costs expressly excluded from Operating Expenses elsewhere in this Lease; (x) costs or expenses arising from the active negligence or willful misconduct of Landlord or Landlord's agents, servants or employees or from the breach by Landlord of any of its obligations under this Lease; (y) except for any amortization or depreciation charges expressly provided for in this Lease as includable in Operating Expenses, depreciation charges or contributions to capital replacement reserves; (z) except for costs and expenses incurred for maintenance and repair of objects of art on or about the Real Property for which Landlord is responsible, costs for any sculptures, paintings, furniture or other objects of art; (aa) charges to reserves for uncollectible accounts; (ab) costs and expenses associated with the operation of the entity that is Landlord including associated accounting and legal fees, costs concerning disputes with Landlord's Agent or Landlord's other agents and employees, and general corporate and administrative expenses (other than travel and related expenses reasonably incurred by persons responsible for the operation, management and repair of the Building who are based outside of the San Francisco Bay Area); (ac) costs incurred to correct any "Year 2000" software problems in any Building Systems; (ad) the amount of any deductible carried by Landlord under insurance policies respecting the Building which exceed One Hundred Fifty Thousand Dollars ($150,000.00) or, with respect to earthquake insurance, five percent (5%) of the replacement value of the Building; and (ac) any parking rent charged by the owner of the Parcel 2 Spaces. Governmental Authority (Authorities): The United States of America, ------------------------------------ the City of Cupertino, County of Santa Xxxxx, or State of California, or any political subdivision, agency, department, commission, board, bureau or instrumentality of any of the foregoing, now existing or hereafter created, having jurisdiction over the Real Property or any portion thereof or the curbs, sidewalks, and areas adjacent thereto.
Appears in 1 contract
Samples: Lease (Portal Software Inc)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interestinterest and related fees and costs in connection with financing or refinancing the Building; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rent, if any; (g) management fees in excess of the greater of (A) 3% of the gross rentals collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class properties; (h) wages, salaries and benefits paid to any persons (above the level of the immediate supervisor of the Building Manager and excluding the wages, salaries and benefits of such supervisor to the extent such supervisor provides services to buildings other than project accountants) above the grade of Building ManagerBuilding; (ih) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (ji) costs of services provided to other tenants of the Building on a "“rent-inclusion" ” basis which are not provided to Tenant on such basis; (kj) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (lk) costs in the nature of penalties or fines; (ml) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situation; (nm) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (on) appraisal, advertising and promotional expenses in connection with leasing of the Building; (po) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of any such facility without additional cost or on a subsidized basis consistent with other users; (qp) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (rq) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials existing in the Premises as of the date hereof, ; (sr) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease; (s) costs of acquiring ownership of or leasing on a long term basis works of art other than the cost of replacing existing art with art of comparable quality, maintaining, insuring and providing security for art and installing and removing art; (t) political the cost of maintaining, organizing or reorganizing the entity that is Landlord; (u) Landlord’s overhead and general corporate and general administrative expenses; (v) costs incurred with respect to a sale or transfer of all or any portion of the Building or any interest therein or any person or entity of whatever tier owning an interest therein; (w) the cost of electrical energy furnished directly to Tenant and other tenants of the Building and to tenantable areas of the Building for purposes other than the operation of Building equipment and machinery and the lighting of public toilets, stairways, shaftways, and Building machinery or fan rooms; (x) any fee or expenditure paid (i) to any Person which shall Control, be under the Control of, or be under common Control with Landlord, or in which Landlord directly or indirectly owns not less than a fifty (50%) percent interest or (ii) to any shareholder owning at least fifty (50%) percent of the common stock, any general partner, any officer above the rank of vice president, or member of any Board of Directors of Landlord or of any Person described in this clause (x) or (iii) to any person who is a relative by blood (to the first degree of consanguinity, lineal or lateral) or marriage of any such persons, in each case in excess of the amount which would be paid in the absence of such relationship; (y) all charitable contributions and political contributions and all dues to professional and lobbying associations (uexcept those for REBNY and BOMA and any successor organizations thereto); (z) any bad debt loss, rent loss, or reserves for bad debt or rent loss; (aa) costs of sellingentertainment; and (bb) the cost of any judgment, syndicatingsettlement, financing or mortgaging arbitration award resulting from any liability of Landlord which is the Real Propertyresult of negligence or willful misconduct.
Appears in 1 contract
Samples: Lease (Greenhill & Co Inc)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing leasable space for any Building tenant, including workletters and concessions; (f) ground rentfixed rent under Superior Leases, if any; (g) management fees in excess of the greater of (A) 3% of the gross rentals collected for the Building charitable and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiespolitical contributions; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of manager of the Building Managerand Real Property and their immediate supervisor; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building, the Building or the Real Property or any part of either, (c) disputes with Landlord’s employees or Landlord’s Building or Real Property manager, or (CD) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "“rent-inclusion" ” basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable reimbursed by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the EXHIBIT B nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity Landlord related entity materially in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising advertising, marketing, and promotional expenses in connection with leasing leasing, selling or financing the Building, and other costs of selling or financing the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of such facility without additional cost or on a subsidized basis consistent with other users; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises as of the date hereof, ; (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, 7.1.; (t) political depreciation, amortization and charitable contributions interest payments, except as provided herein and except on materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party’s services, all as reasonably determined by Landlord; (u) costs incurred by Landlord due to the violation by Landlord or any tenant of sellingthe terms and conditions of any lease of space in the Building except to the extent such costs reflect costs that would have been reasonably included in Operating Expenses absent such violation; (v) overhead and profit increment paid to Landlord or to subsidiaries or affiliates of Landlord for goods and/or services in or to the Building to the extent the same materially exceeds the costs of such goods and/or services rendered by unaffiliated third parties on a competitive basis (taking into account the market factors in effect on the date any relevant contracts were negotiated); (w) Landlord’s general corporate overhead and general and administrative expenses, syndicatingas distinguished from the costs of the management, financing operation, maintenance and repair of the Real Property; (x) rentals and other related expenses incurred in leasing HVAC systems, elevators or mortgaging other equipment ordinarily considered to be capital items, except for (1) expenses in connection with making minor repairs on or keeping Building systems in operation while minor repairs are being made, and (2) costs of equipment not affixed to the Building which is used in providing janitorial or similar services; and (y) costs associated with the operation of the business of the partnership or entity which constitutes Landlord as the same are distinguished from the costs of management, operation, repair and maintenance of the Real Property.
Appears in 1 contract
Samples: Lease (Inphi Corp)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rent, if any; (g) management fees in excess of equal to the greater of (A) 3% of the gross rentals collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class properties; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Manager; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-rent inclusion" basis which are not provided to Tenant on such basis; (k) costs 70 that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l1) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials existing in the Premises as of the date hereof, and (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, (t) political and charitable contributions and (u) costs of selling, syndicating, financing or mortgaging the Real Property.
Appears in 1 contract
Samples: Martha Stewart Living Omnimedia Inc
Excluded Expenses. The term “Operating Expenses” shall not include the following, to the extent applicable to this Building: (ai) Taxesrepairs, restoration, or other work occasioned by fire, windstorm, or other casualty or condemnation to the extent covered by insurance or condemnation proceeds; (bii) franchise expenses incurred in leasing or income taxes imposed upon Landlordprocuring tenants; (c) mortgage amortization and interest; (diii) leasing commissions; (eiv) the cost of tenant installations advertising and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessionspromotional expenses; (fv) ground rent, if anylegal expenses incident to enforcement by Landlord of the terms of any lease; (gvi) management fees in excess of the greater of (A) 3% of the gross rentals collected for the Building and (B) fees charged by Landlord depreciation or related entities for the management by any of them of other first class propertiesamortization allowance or expense; (hvii) wages, salaries and benefits paid painting or decorating in space to any persons (other than project accountants) above the grade of Building Managerbe leased to tenants; (iviii) legal and accounting fees relating any tenant work performed or alterations of space leased to (A) disputes with tenants, prospective tenants or other occupants of the Building, whether such work or alterations are performed for the initial occupancy by such tenant or occupant or thereafter; (Bix) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees utilities for which Landlord is reimbursed by Tenant (other than as a proportionate share of the Building or the Real Property Operating Expenses); (x) any ground rent; (xi) interest on indebtedness or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty financing or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity in excess of costs that would be payable in an "arm's length" or unrelated situation; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in refinancing the Building; (oxii) appraisalexcept as set forth in subsection (xxviii) below, advertising and promotional expenses in connection with leasing compensation paid to all employees of Landlord; (xiii) overtime HVAC costs or electricity costs if charged separately to other tenants or occupants of the Building; (pxiv) cost of any special service provided to a tenant or occupant of the costs Building which is not provided generally to all tenants of installingthe Building; (xv) any cost representing an amount paid for services or materials to a person, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facilityfirm, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure entity related to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with Landlord to the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials existing in extent such amount exceeds the Premises as of the date hereof, (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, (t) political and charitable contributions and (u) costs of selling, syndicating, financing or mortgaging the Real Property.amount that would be paid for
Appears in 1 contract
Samples: Purchase and Sale Agreement (Physicians Realty Trust)
Excluded Expenses. (a) TaxesTaxes or any other tax that is excludable as a Tax hereunder; (b) franchise or income taxes imposed upon LandlordLandlord or any other tax that is excludable as a Tax hereunder; (c) mortgage principal amortization and interestinterest on any debt or obligation of Landlord and any other charges paid by Landlord in connection with, any mortgages, deeds of trust or other financing encumbrances; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters work letters and concessionsconcessions and/or for altering, renovating, repainting, decorating, planning and designing spaces for any tenant in the Building in connection with the renewal of its lease and/or costs of preparing or renovating any vacant space for lease in the Building (including permit, license and inspection fees) along with “takeover expenses” (i.e., expenses of another tenant or prospective tenant incurred by Landlord with respect to space located in the Building or another building of any kind or nature in connection with the leasing of space in the Project); (f) rental payments made under any ground rentlease, except to the extent such rental payments represent Taxes or the provision of goods and/or services that, if anyprovided by Landlord, would be includable in Operating Expenses; (g) management fees to the extent in excess of the greater of three percent (A3%) 3% of the gross rentals and other revenues collected for the Building and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiesProject; (h) wages, salaries and benefits paid to or taxes paid for any persons not directly involved with the management of the Building or the oversight thereof or, to the extent such persons are providing services at other properties beyond the Project, such persons salaries and all other compensation (including fringe benefits and other than project accountantsdirect and indirect personnel costs) above shall be equitably allocated to the grade of Building ManagerProject and such other properties; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property Project or any part of either, or (C) negotiations of actual or proposed leases, licenses, occupancy agreements, ground leases, renewals of leases or ground leases, contracts of sale or exchange or mortgages; (j) costs of services any utilities, amenities, repairs, maintenance, service or increased level of service provided to other a tenant of the Building that are not provided or available to Tenant without separate charge (including any overtime premiums to perform such work or services) or which are separately chargeable to individual tenants of the Building on a "rentincluding, without limitation, costs of additional insurance premiums for the Building due to any tenant’s (other than Tenant’s) non-inclusion" basis which are not provided to Tenant on traditional office building operations within such basistenant’s premises; (k) k)costs and expenses incurred by Landlord in connection with damage, casualty or condemnation of all or a portion of the Project, together with any other costs that are reimbursed or which, had Landlord (i) maintained the insurance required under this Lease; (ii) timely filed a claim thereunder and with commercially reasonable diligence pursued such claim; or (iii) not been prevented from recovering on such claim by reason of the insurer being insolvent or otherwise financially unable to perform its obligations under such policy, would have been reimbursed out of insurance, warranty or condemnation proceeds, whether or not Landlord shall receive the same or such proceeds are instead paid over to any Mortgagee or ground lessor, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation pass-through clause; (l) costs in the nature of penalties penalties, interest or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the BuildingBuilding and recording costs, mortgage recording taxes, title insurance premiums, title closer’s gratuity and other similar costs, incurred in connection with any mortgage financing or refinancing or execution, modification or extension of any ground lease; loan prepayment penalties, defeasance payments, premiums, fees or charges; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of such facility without additional cost or on a subsidized basis consistent with other users; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises as of the date hereof, ; (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, 7.1.; (t) political deductions for depreciation for the Project and charitable contributions depreciation and amortization of capital improvements, except to the extent included in Section 7.1; (u) costs incurred by Landlord for the original development and construction of sellingthe Building; (v) any costs actually reimbursed under any service contracts or under the warranty of any general contractor, syndicatingsubcontractor or supplier and realized by Landlord; (w) fees paid by Landlord to the Operator; (x) costs incurred to remedy any Requirement violation(s) existing on the Effective Date; (y) excluding Fitness Center equipment, financing rental for personal property leased to Landlord except for rent for personal property leased to Landlord the purchase price for which, if purchased, would be includable in Operating Expenses (but Operating Expenses shall only include such rental cost to the extent that, if the personal property were purchased, the purchase price would have been includable in Operating Expenses for an applicable Comparison Year); (z) costs and expenses of administration and management of partnership activities of Landlord; (aa) general corporate overhead and administrative expenses of Landlord or mortgaging its managing agent that are unrelated to the Real Propertyoperation, management, or maintenance of the Project; (bb) costs and expenses attributable to any testing, investigation, management, maintenance, remediation, or removal of Hazardous Materials, other than any testing or monitoring customarily conducted by owners of Comparable Buildings in the ordinary course of operating and managing the same (except to the extent any such testing or monitoring is required as a result of Landlord’s failure to comply with its obligations under Section 8.1 hereof; (cc) the cost of acquiring (but not of maintaining) sculptures, paintings, and other works of art; (dd) charitable or political contributions; (ee) costs incurred as a result of Landlord’s breach of its obligations under this Lease; (ff) costs (including costs, such as, but not limited to, attorneys’ fees and disbursements, associated with any court judgment or arbitration award obtained against Landlord) directly resulting from the breach of any other lease or agreement by Landlord or the gross negligence or willful misconduct of Landlord’s agents or contractors; and/or (gg) compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord or by the operator thereof (e.g., newsstands, but excluding a Building concierge service).
Appears in 1 contract
Samples: Deed of Lease (FBR & Co.)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters and concessions; (f) ground rentfixed rent under Superior Leases, if any; (g) management fees to the extent in excess of the greater of (A) 3% of the gross rentals and other revenues collected for the Building Real Property and (B) fees charged by Landlord or related entities for the management by any of them of other first class propertiesproperties in the area of the Building; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building ManagerManager and their immediate supervisor; (i) costs associated with the formation and organization of the business of the entity which constitutes Landlord including legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "“rent-inclusion" ” basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs (other than management fees) paid to any Related Entity related entity in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational club; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (rq) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises as of the date hereof, ; (sr) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 7.1; (s) costs relating to the repair, maintenance and operation of this Lease, the Garage; and (t) political costs incurred in connection with upgrading the Building to comply with Requirements adopted or enacted and charitable contributions and (u) costs of selling, syndicating, financing or mortgaging applicable to the Real PropertyBuilding prior to the Commencement Date.
Appears in 1 contract
Samples: Lease (Centessa Pharmaceuticals PLC)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest, except to the extent the same may be included in Operating Expenses pursuant to the terms of Section 7.1(e), above; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters work letters and concessions; (f) ground rentfixed rent under Superior Leases, if any; (g) management fees to the extent in excess of the greater of (A) three percent (3% %) of the gross rentals receipts collected for the Building Real Property, and (B) fees charged by Landlord or related entities for the management by any of them a majority of the other first class propertiesComparable Buildings; (h) wages, salaries and benefits paid to any persons (other than project accountants) above the grade of Building Managerproperty manager or chief engineer (or employees with equivalent responsibilities regardless of job title) and their immediate supervisor; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "“rent-inclusion" ” basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable reimbursed by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) except with respect to management fees (which are subject to (g) above), costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "“arm's ’s length" ” or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of such facility without additional cost (other than payments for key deposits, use of towels, or other incidental items) or on a subsidized basis consistent with other users; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's ’s failure to timely pay Operating Expenses or Taxes; (r) costs incurred to comply with applicable Requirements relating to any Hazardous Materials which were in connection with existence in the removalBuilding or on the Real Property prior to the Commencement Date, encapsulation and were of such a nature that a federal, State or municipal governmental authority, if it had then had knowledge of the presence of such Hazardous Materials, in the state, and under the conditions that it then existed in the Building or on the Real Property, would have then required the removal of such Hazardous Materials or other treatment of asbestos remedial or any other containment action with respect thereto (the “Pre-Existing Hazardous Materials existing in the Premises as of the date hereof, Materials”); (s) costs incurred to remove, remedy, contain, or treat Hazardous Materials, which Hazardous Materials are brought into the cost Building or onto the Real Property after the date of capital improvements this Lease by Landlord, any other tenant of the Building or any third party and is of such a nature, at that time, that a federal, State or municipal governmental authority, if it had then had knowledge of the presence of such Hazardous Materials, in the state, and under the conditions, that it then existed in the Building or on the Real Property, would have then required the removal of such Hazardous Materials or other remedial or containment action with respect thereto; (t) Capital Costs other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, (t) political and charitable contributions 7.1; and (u) costs of sellingreplacements, syndicatingalterations or improvements necessary to make the Building comply with applicable Requirements in effect and applicable to the Building prior to the Commencement Date, financing except to the extent the need for such replacements, alterations or mortgaging improvements is caused by Tenant Parties (in which case Tenant shall nonetheless be responsible for such costs in accordance with Section 8.1(a) of this Lease), provided, however, that the Real Propertyprovisions of this sub-item (u) shall not preclude the inclusion of costs of compliance with applicable Requirements enacted prior to the date of this Lease if such compliance is required for the first time by reason of any amendment, modification or reinterpretation of an applicable Requirement which is imposed after the date of this Lease.
Appears in 1 contract
Samples: Lease (ChromaDex Corp.)
Excluded Expenses. (a) Taxes; (b) franchise or income taxes imposed upon Landlord; (c) mortgage amortization and interest; (d) leasing commissions; (e) the cost of tenant installations and decorations incurred in connection with preparing space for any Building tenant, including workletters work letters and concessions; (f) rental payments made under any ground rentlease, if any; (g) management fees to the extent in excess of the greater of (A) 3% of the gross rentals and other revenues collected for the Building and Real Property (B) fees charged by Landlord or related entities for the plus reimbursable expenses payable in connection with property management by any of them of other first class propertiesservices); (h) wages, salaries and benefits paid to any persons (other than project accountants) above not directly involved with the grade management of the Building Manageror the oversight thereof; (i) legal and accounting fees relating to (A) disputes with tenants, prospective tenants or other occupants of the Building, (B) disputes with purchasers, prospective purchasers, mortgagees or prospective mortgagees of the Building or the Real Property or any part of either, or (C) negotiations of leases, contracts of sale or mortgages; (j) costs of services provided to other tenants of the Building on a "rent-inclusion" basis which are not provided to Tenant on such basis; (k) costs that are reimbursed out of insurance, warranty or condemnation proceeds, or which are reimbursable by Tenant or other tenants other than pursuant to an expense escalation clause; (l) costs in the nature of penalties or fines; (m) costs for services, supplies or repairs paid to any Related Entity related entity in excess of costs that would be payable in an "arm's length" or unrelated situationsituation for comparable services, supplies or repairs; (n) allowances, concessions or other costs and expenses of improving or decorating any demised or demisable space in the Building; (o) appraisal, advertising and promotional expenses in connection with leasing of the Building; (p) the costs of installing, operating and maintaining a specialty improvement, including a cafeteria, lodging or private dining facility, or an athletic, luncheon or recreational clubclub unless Tenant is permitted to make use of such facility without additional cost (other than payments for key deposits, use of towels, or other incidental items) or on a subsidized basis consistent with other users; (q) any costs or expenses (including fines, interest, penalties and legal fees) arising out of Landlord's failure to timely pay Operating Expenses or Taxes; (r) costs incurred in connection with the removal, encapsulation or other treatment of asbestos or any other Hazardous Materials (classified as such on the Effective Date) existing in the Premises in violation of applicable Requirements as of the date hereof, and (s) the cost of capital improvements other than those expressly included in Operating Expenses pursuant to Section 8.1 of this Lease, 7.1.; (t) political depreciation and charitable contributions amortization of capital improvements, except to the extent included in Section 7.1; and (u) any costs actually reimbursed under any service contracts or under the warranty of sellingany general contractor, syndicating, financing subcontractor or mortgaging the Real Propertysupplier and realized by Landlord.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (Philadelphia Consolidated Holding Corp)
