Exclusions from CAM Costs Sample Clauses

Exclusions from CAM Costs. Notwithstanding anything to the contrary contained in the Lease or this CAM Rider, the following items will not be paid by the Postal Service as CAM Costs: 1. Leasing commissions, attorneys’ fees, costs, disbursements and other expenses incurred in connection with negotiations or disputes with tenants or leasing, renovating, or improving rentable space for tenants or rentable space for other occupants of the Property. 2. Costs, including permits, licenses and inspection fees incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space or space for tenants or other occupants. 3. Landlord’s costs of any service provided to tenants or other occupants for which Landlord is entitled to be reimbursed as an additional charge or rental over and above the base rent payable under the lease with such tenant or other occupant. 4. Costs incurred by Landlord for alterations or additions that are considered capital improvements and replacements under generally accepted accounting principles. 5. Any depreciation or amortization on the Property. 6. Cost of a capital nature, including, but not limited to, capital improvements, capital repairs, capital equipment and capital tools as determined in accordance with generally accepted accounting principles. 7. Costs incurred in conjunction with services or other benefits that are not provided to the Postal Service. 8. Costs incurred due to violations by Landlord of any of the terms and conditions of the Lease or any other lease relating to the Property. 9. Overhead and profit increments paid to subsidiaries or affiliates of Landlord for management or other services provided to the Property, or for supplies or other materials to the extent that the cost of such services, supplies, or materials exceed the cost that would have been paid had the services, supplies or materials been provided by unaffiliated parties on a competitive basis. Common Area Maintenance(CAM) Rider (Annual Reimbursement)
Sample 1
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Exclusions from CAM Costs. Notwithstanding anything to the contrary contained in the Lease or this CAM Rider, the following items will not be paid by the Postal Service as CAM Costs: 1. Leasing commissions, attorneys’ fees, costs, disbursements and other expenses incurred in connection with negotiations or disputes with tenants or leasing, renovating, or improving rentable space for tenants or rentable space for other occupants of the Property. 2. Costs, including permits, licenses and inspection fees incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space or space for tenants or other occupants. 3. Landlord’s costs of any service provided to tenants or other occupants for which Landlord is entitled to be reimbursed as an additional charge or rental over and above the base rent payable under the lease with such tenant or other occupant. 4. Costs incurred by Landlord for alterations or additions that are considered capital improvements and replacements under generally accepted accounting principles. 5. Any depreciation or amortization on the Property. 6. Cost of a capital nature, including, but not limited to, capital improvements, capital repairs, capital equipment and capital tools as determined in accordance with generally accepted accounting principles. Common Area Maintenance(CAM) Rider (Monthly Reimbursement)
Sample 1
Exclusions from CAM Costs. Notwithstanding Section 7.2, CAM Costs shall not include any of the following: (i) depreciation or expenses for capital improvements made to the Land or Corporate Park, other than Permitted Capital Improvements; (ii) costs of repairs, restoration, replacements or other work occasioned by either (a) fire, windstorm or other casualty coverable by the property insurance required to be maintained by Landlord under Section 17.5, (whether such destruction be total or partial), provided, however, that up to Ten Thousand Dollars ($10,000.00) of the costs of such repairs and restoration may be included in CAM Costs to the extent such costs are payable by Landlord pursuant to the deductible under its property insurance, (b) the exercise by governmental authorities of the right of eminent domain, whether such taking be total or partial, or (c) the negligence or intentional tort of Landlord, or any subsidiary or affiliate of Landlord, or any representative, employee or agent of same; (iii) interest and amortization of funds borrowed by Landlord, whether secured or unsecured, and other financing costs (except financing for Permitted Capital Improvements); (iv) bad debt charges; (v) leasing commissions or costs to obtain prospective or actual tenants at the Corporate Park; (vi) costs, fines, interest, penalties, legal fees or costs of litigation incurred due to Landlord's late payment of taxes, utility bills and other costs (or late filing of tax returns or other informational returns or reports), unless caused by late payment of Rent and other amounts by Tenant under this Lease (or, in the case of tax or informational returns or reports, Tenant's failure or delay in furnishing to Landlord information relative to Tenant required for the filing of the returns); (vii) costs incurred for any item covered by a manufacturer's, materialman's, vendor's or contractor's warranty (a "Warranty") to the extent that proceeds under the Warranty are paid to Landlord for such item (but costs of obtaining recovery under the Warranty shall be included as part of CAM Costs); (viii) income, excess profits, franchise taxes or other such taxes imposed on or measured by the income of Landlord from the operation of the Corporate Park; (ix) costs of Landlord's defense of lawsuits against Landlord and any judgments or costs of settlement resulting from such lawsuits (but this exclusion shall not be deemed to limit in any way any indemnification by Tenant provided for in this Lease); (x) legal fe...
Sample 1

Related to Exclusions from CAM Costs

  • Exclusions from Operating Expenses Notwithstanding anything to the contrary contained herein, in no event shall Operating Expenses include any of the following: (1) costs for which Landlord is reimbursed, receives a credit or is otherwise compensated (other than tenant reimbursements for Operating Expenses); (2) rent or other amounts payable under any ground lease or master lease, or interest, amortization or other repayment of indebtedness or costs, fees, points or other expenses in connection with any financing or refinancing of all or any part of the Real Property; (3) costs of correcting defects in the initial design or construction of the Building or any expansion thereof or any expenses resulting from inferior or deficient workmanship; (4) costs of repair or restoration required due to casualty damage or condemnation (except for commercially reasonable deductibles); (5) non-refundable reserves for anticipated or unanticipated future expenses; (6) interest or penalties incurred as a result of Landlord’s failure to pay any bill as it shall become due; (7) costs resulting from the gross negligence or willful misconduct of Landlord, its employees, and/or agents; (8) leasing commissions, attorneys’ fees, costs and disbursements, and other expenses (including, without limitation, advertising and marketing costs) incurred in connection with leasing, renovating, or improving space for tenants or other occupants or prospective tenants or occupants of the Building, or costs (including, without limitation, permit, license, and inspection fees) incurred in renovating or otherwise improving or decorating, painting or redecorating space for tenants or other occupants or vacant space; (9) costs of any services sold to tenants or other occupants for which Landlord is entitled to be reimbursed by such tenants or other occupants as an additional charge or rental over and above the basic rent and escalations payable under the lease with such tenant or other occupant; (10) allowances for depreciation of improvements in the Common Areas; and (11) so called “capital items” or “capital expenditures” which, pursuant to generally accepted accounting principles, are not fully chargeable to current expenses in the year the expenditure is incurred, except to the extent such capital expenditures are amortized over their useful life (with commercially reasonable interest) in accordance with generally accepted accounting principles and only with respect to those that (A) are intended to effect economies in the operation or maintenance of the Real Property, or any portion thereof, or (B) are installed with a reasonable and good faith expectation by Landlord that the same will reduce current or future Operating Expenses, or (C) are intended to enhance the safety or security of the Real Property or its occupants, or (D) are required to comply with present or anticipated conservation programs, or (E) are otherwise includable in Operating Expenses pursuant to the application of sound real estate management principles (including but not limited to, parking lot repair and resurfacing).

  • Exclusions from Indemnification Notwithstanding anything in this Agreement to the contrary, the Company shall not be obligated to:

  • Exceptions from Liability Without limiting the generality of any other provisions hereof, neither the Custodian nor any Domestic Subcustodian shall be under any duty or obligation to inquire into, nor be liable for:

  • Exclusions from General Release Excluded from the Release and Waiver are any claims or rights arising pursuant to this Agreement and any claims or rights that cannot be waived by law, as well as Executive’s right to file a charge with an administrative agency or participate in any agency investigation, including with the Equal Employment Opportunity Commission. Executive is, however, waiving the right to recover any money in connection with a charge or investigation and the right to recover any money in connection with a charge filed by any other individual or by the Equal Employment Opportunity Commission or any other federal or state agency, except where such waivers are prohibited by law.

  • RECOVERY FROM THIRD PARTIES When an employee disability arises in circumstances which involve a claim against a Third Party, the employee agrees to include in his/her Statement of Claim, the total amount of I.P.P. benefits which have been paid to him/her in respect of the disability. In the event that recovery is made, the employee agrees to repay to the Employer the full amount of the recovery made in respect of IPP benefits.

  • Limit on Operating Expenses The Advisor hereby agrees to limit the Fund’s current Operating Expenses to an annual rate, expressed as a percentage of the Fund’s average daily net assets for the month, to the amounts listed in Appendix A (the “Annual Limit”). In the event that the current Operating Expenses of the Fund, as accrued each month, exceed its Annual Limit, the Advisor will pay to the Fund, on a monthly basis, the excess expense within the first ten days of the month following the month in which such Operating Expenses were incurred (each payment, a “Fund Reimbursement Payment”).

  • Allocation of Direct Expenses The parties acknowledge that the Building is a part of a multi-building project and that the costs and expenses incurred in connection with the Project (i.e., the Direct Expenses) should be shared between the Building and the other buildings in the Project. Accordingly, as set forth in Section 4.2 above, Direct Expenses (which consist of Operating Expenses and Tax Expenses) are determined annually for the Project as a whole, and a portion of the Direct Expenses, which portion shall be determined by Landlord on an equitable basis, shall be allocated to the Building (as opposed to other buildings in the Project). Such portion of Direct Expenses allocated to the Building shall include all Direct Expenses attributable solely to the Building and a pro rata portion of the Direct Expenses attributable to the Project as a whole, and shall not include Direct Expenses attributable solely to other buildings in the Project.

  • Exclusion from Compensation Calculation By acceptance of this Agreement, you shall be deemed to be in agreement that the Units covered hereby shall be considered special incentive compensation and will be exempt from inclusion as “wages” or “salary” in pension, retirement, life insurance and other employee benefits arrangements of the Company and its Affiliates, except as determined otherwise by the Company. In addition, each of your beneficiaries shall be deemed to be in agreement that all such shares be exempt from inclusion in “wages” or “salary” for purposes of calculating benefits of any life insurance coverage sponsored by the Company or any of its Affiliates.

  • Statement of Estimated Direct Expenses In addition, Landlord shall give Tenant a yearly expense estimate statement (the “Estimate Statement”) which shall set forth Landlord’s reasonable estimate (the “Estimate”) of what the total amount of Direct Expenses for the then-current Expense Year shall be and the estimated Tenant’s Share of Direct Expenses (the “Estimated Direct Expenses”). The failure of Landlord to timely furnish the Estimate Statement for any Expense Year shall not preclude Landlord from enforcing its rights to collect any Estimated Direct Expenses under this Article 4, nor shall Landlord be prohibited from revising any Estimate Statement or Estimated Direct Expenses theretofore delivered to the extent necessary. Thereafter, Tenant shall pay, with its next installment of Base Rent due that is at least thirty (30) days thereafter, a fraction of the Estimated Direct Expenses for the then-current Expense Year (reduced by any amounts paid pursuant to the last sentence of this Section 4.4.2). Such fraction shall have as its numerator the number of months which have elapsed in such current Expense Year, including the month of such payment, and twelve (12) as its denominator. Until a new Estimate Statement is furnished (which Landlord shall have the right to deliver to Tenant at any time), Tenant shall pay monthly, with the monthly Base Rent installments, an amount equal to one-twelfth (1/12) of the total Estimated Direct Expenses set forth in the previous Estimate Statement delivered by Landlord to Tenant.

  • Statement of Actual Direct Expenses and Payment by Tenant Landlord shall give to Tenant within five (5) months following the end of each Expense Year, a statement (the “Statement”) which shall state the Direct Expenses incurred or accrued for such preceding Expense Year, and which shall indicate the amount of Tenant’s Share of Direct Expenses. Upon receipt of the Statement for each Expense Year commencing or ending during the Lease Term, Tenant shall pay, with its next installment of Base Rent due that is at least thirty (30) days thereafter, the full amount of Tenant’s Share of Direct Expenses for such Expense Year, less the amounts, if any, paid during such Expense Year as “Estimated Direct Expenses,” as that term is defined in Section 4.4.2, below, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant’s Share of Direct Expenses, Tenant shall receive a credit in the amount of Tenant’s overpayment against Rent next due under this Lease. The failure of Landlord to timely furnish the Statement for any Expense Year shall not prejudice Landlord or Tenant from enforcing its rights under this Article 4. Even though the Lease Term has expired and Tenant has vacated the Premises, when the final determination is made of Tenant’s Share of Direct Expenses for the Expense Year in which this Lease terminates, Tenant shall immediately pay to Landlord such amount, and if Tenant paid more as Estimated Direct Expenses than the actual Tenant’s Share of Direct Expenses, Landlord shall, within thirty (30) days, deliver a check payable to Tenant in the amount of the overpayment. The provisions of this Section 4.4.1 shall survive the expiration or earlier termination of the Lease Term.

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