Exclusions/Deductions Clause Samples
Exclusions/Deductions. By way of illustration and not limitation, Operating Expenses shall not include, among other expenses or costs, any expenses or costs incurred or paid by Landlord for the following items:
(1) Capital expenditures, including any capital replacement, capital repair or capital improvement made to the Premises, building's and common areas and any other expense which would be deemed to be a capital expenditure under generally accepted accounting principles, consistently applied. Replacement of an item or of a major component of an item and major repairs to such items in lieu of replacement shall each be considered a capital expenditure if the original item or a subsequent improvement to such item was, or could have been, capitalized. Capital expenditures of $1,000.00 or less may be included in Operating Expenses. For purposes of this clause, a group of expenditures related to the same capital project shall be considered a single expenditure.
(2) Depreciation or amortization of the building(s) or its contents or components;
(3) Expenses for the preparation of space or other work which Landlord performs for any tenant or prospective tenant of the building(s);
(4) Expenses for repairs or other work which is caused by fire, windstorm, casualty or any other incurable occurrence, including costs subject to Landlord's insurance deductible;
Exclusions/Deductions. By way of illustration and not limitation, Operating Expenses shall not include, among other expenses or costs, any expenses or costs incurred or paid by Landlord for the following items:
(1) Capital expenditures, including any capital replacement, capital repair or capital improvement made to the Premises, building's and common areas and any other expense which would be deemed to be a capital expenditure under generally accepted accounting principles, consistently applied. Replacement of an item or of a major component of an item and major repairs to such items in lieu of replacement shall each be considered a capital expenditure if the original item or a subsequent improvement to such item was, or could have been, capitalized. Capital expenditures of $1,000.00 or less may be included in Operating Expenses. For purposes of this clause, a group of expenditures related to the same capital project shall be considered a single expenditure.
(2) Depreciation or amortization of the building(s) or its contents or components;
(3) Expenses for the preparation of space or other work which Landlord performs for any tenant or prospective tenant of the building(s);
(4) Expenses for repairs or other work which is caused by fire, windstorm, casualty or any other incurable occurrence, including costs subject to Landlord's insurance deductible;
(5) Expenses incurred in leasing or obtaining new tenants or retaining existing tenants, including leasing commissions, legal expenses, advertising or promotion;
(6) Legal expenses incurred in enforcing the terms of any lease;
(7) Interest, amortization or other costs, including legal fees, associated with any mortgage, loan or refinancing of the Premises, building(s) and common areas;
(8) Expenses incurred for any necessary replacement of any item to the extent that it is covered under warranty, provided warranty is honored and is effective;
(9) The cost of any item or service which Tenant separately reimburses Landlord or pays to third parties, or that Landlord provides selectively to one or more tenants of the building(s), other than Tenant, whether or not Landlord is reimbursed by such other tenant(s). This category shall include the actual cost of any special electrical, heating, ventilation or air conditioning required by any tenant that exceeds normal building standards;
(10) Accounting and legal fees relating to the ownership, construction, leasing, sale or any litigation relating to the Building, the Common Area Facilities ...