Common use of Excluded From Operating Expenses Clause in Contracts

Excluded From Operating Expenses. Operating expenses shall not include: (1) Maintenance and repair work that resulted from the intentional deferral of other repairs or work, which deferral caused significant deterioration of housing services, the building or individual units (if the time since the work was performed significantly exceeds the amortization periods established in subsection B1c(7) of this section, it shall be presumed that it was intentionally deferred); (2) Avoidable and unnecessary expense increases since the base year; (3) Mortgage interest and principal payments; fees, other than fees expressly authorized by subsection B1c of this section; (4) Penalties and interest awarded for violation of this or any other law; or legal fees, except as provided in this section; (5) Depreciation; (6) Any expenses for which the landlord has been reimbursed by any utility rebate or discount, security deposit, insurance settlement, judgment for damages, or settlement; (7) Any expense that has been passed through lawfully to tenants pursuant to the provisions of this chapter.

Excluded From Operating Expenses. Operating expenses shall not include: (1) Maintenance and repair work that resulted from the intentional deferral of other repairs or work, which deferral caused significant deterioration of housing services, the building or individual units (if the time since the work was performed significantly exceeds the amortization periods established in subsection B1c(7) of this section, it shall be presumed that it was intentionally deferred);deferred); (2) Avoidable and unnecessary expense increases since the base year;year; (3) Mortgage interest and principal payments; payments; fees, other than fees expressly authorized by subsection B1c of this section;section; (4) Penalties and interest awarded for violation of this or any other law; law; or legal fees, except as provided in this section;section; (5) Depreciation;Depreciation; (6) Any expenses for which the landlord has been reimbursed by any utility rebate or discount, security deposit, insurance settlement, judgment for damages, or settlement;settlement; (7) Any expense that has been passed through lawfully to tenants pursuant to the provisions of this chapter.