Common use of Exclusions from Common Area Expenses Clause in Contracts

Exclusions from Common Area Expenses. Notwithstanding anything in the definition of Common Area Expenses in the Lease to the contrary, Common Area Expenses shall not include the following, except to the extent specifically permitted by a specific exception to the following: (i) Any ground lease rental; (ii) Costs incurred by Landlord for the repair of damage to the Project, to the extent that Landlord is reimbursed by insurance proceeds; (iii) Costs, including permit, license and inspection costs, incurred with respect to the installation of tenant or other occupants’ improvements in the Project or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Project; (iv) Depreciation, amortization and 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, Landlord’s Initials Tenant’s Initials where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party’s services; (v) Marketing costs, leasing commissions, attorneys’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Project; (vi) Costs incurred by Landlord due to the violation by Landlord or any other tenant of the terms and conditions of any lease of space in the Project; (vii) Interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the Building or the Project (except as specifically permitted above); (viii) Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (ix) Advertising and promotional expenditures and costs of signs in or on the Building or Project identifying the owner of the Building or Project or other tenants’ signs; (x) Costs arising from Landlord’s charitable or political contributions; (xi) Costs for sculpture, paintings or other objects of art; (xii) 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 Project, including 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, mortgaging or hypothecating any of Landlord’s interest in the Project, costs of any disputes between Landlord and its employees (if any) not engaged in Project operation, disputes of Landlord with Project management, or outside fees paid in connection with disputes with other tenants; (xiii) Costs of any “tap fees” or any sewer or water connection fees for the benefit of any particular tenant in the Project; (xiv) Any expenses incurred by Landlord for use of any portions of the Project to accommodate events including, but not limited to shows, promotions, kiosks, displays, filming, photography, private events or parties, ceremonies, and advertising beyond the normal expenses otherwise attributable to providing Project services; (xv) Any entertainment, dining or travel expenses for any purpose; (xvi) Any flowers, gifts, balloons, etc. provided to any entity whatsoever, including, but not limited to, Tenant, other tenants, employees, vendors, contractors, prospective tenants and agents; (xvii) Any “finders fees”, brokerage commissions, job placement costs or job advertising costs; (xviii) Any “above-standard” cleaning, including, but not limited to construction cleanup or special cleanings associated with parties/events and specific tenant requirements in excess of service provided to Tenant, including related trash collection, removal, hauling and dumping; (xix) The cost of any magazine, newspaper, trade or other subscriptions; (xx) The cost of any training or incentive programs, other than for tenant life safety information services; (xxi) The cost of any “tenant relations” parties, events or promotion not consented to by an authorized representative of Tenant in writing; (xxii) “In-house” legal fees; (xxiii) Earthquake Insurance (unless required by Landlord’s lender); and (xxiv) Any insurance deductible amounts in excess of $50,000 in the aggregate. Landlord’s Initials Tenant’s Initials

Exclusions from Common Area Expenses. Notwithstanding anything in the definition of Common Area Expenses in the Lease to the contrary, Common Area Expenses shall not include the following, except to the extent specifically permitted by a specific exception to the following: (i) Any ground lease rental; (ii) Costs incurred by Landlord for the repair of damage to the Project, to the extent that Landlord is reimbursed by insurance proceeds; (iii) Costs, including permit, license and inspection costs, incurred with respect to the installation of tenant or other occupants’ improvements in the Project or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Project; (iv) Depreciation, amortization and 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, Landlord’s Initials Tenant’s Initials where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party’s services; (v) Marketing costs, leasing commissions, attorneys’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Project; (vi) Costs incurred by Landlord due to the violation by Landlord or any other tenant of the terms and conditions of any lease of space in the Project; (vii) Interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the Building or the Project (except as specifically permitted above);; Landlord’s Initials Tenant’s Initials (viii) Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (ix) Advertising and promotional expenditures and costs of signs in or on the Building or Project identifying the owner of the Building or Project or other tenants’ signs; (x) Costs arising from Landlord’s charitable or political contributions; (xi) Costs for sculpture, paintings or other objects of art; (xii) 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 Project, including 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, mortgaging or hypothecating any of Landlord’s interest in the Project, costs of any disputes between Landlord and its employees (if any) not engaged in Project operation, disputes of Landlord with Project management, or outside fees paid in connection with disputes with other tenants; (xiii) Costs of any “tap fees” or any sewer or water connection fees for the benefit of any particular tenant in the Project; (xiv) Any expenses incurred by Landlord for use of any portions of the Project to accommodate events including, but not limited to shows, promotions, kiosks, displays, filming, photography, private events or parties, ceremonies, and advertising beyond the normal expenses otherwise attributable to providing Project services; (xv) Any entertainment, dining or travel expenses for any purpose; (xvi) Any flowers, gifts, balloons, etc. provided to any entity whatsoever, including, but not limited to, Tenant, other tenants, employees, vendors, contractors, prospective tenants and agents; (xvii) Any “finders fees”, brokerage commissions, job placement costs or job advertising costscost; (xviii) Any “above-standard” cleaning, including, but not limited to construction cleanup or special cleanings associated with parties/events and specific tenant requirements in excess of service provided to Tenant, including related trash collection, removal, hauling and dumping; (xix) The cost of any magazine, newspaper, trade or other subscriptions; (xx) The cost of any training or incentive programs, other than for tenant life safety information services; (xxi) The cost of any “tenant relations” parties, events or promotion not consented to by an authorized representative of Tenant in writing; (xxii) “In-house” legal fees; (xxiii) Earthquake Insurance (unless required by Landlord’s lender); and; (xxiv) Any insurance deductible amounts in excess of $50,000 in the aggregate. Landlord’s Initials Tenant’s Initials

Exclusions from Common Area Expenses. Notwithstanding anything in the definition of Common Area Expenses in the Lease to the contrary, Common Area Expenses shall not include the following, except to the extent specifically permitted by a specific exception to the following: (i) Any ground lease rental; (ii) Costs incurred by Landlord for the repair of damage to the Project, to the extent that Landlord is reimbursed by insurance proceeds; (iii) Costs, including permit, license and inspection costs, incurred with respect to the installation of tenant or other occupants’ improvements in the Project or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Project; (iv) Depreciation, amortization and 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, Landlord’s Initials Tenant’s Initials where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party’s services; (v) Marketing costs, leasing commissions, attorneys’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Project; (vi) Costs incurred by Landlord due to the violation by Landlord or any other tenant of the terms and conditions of any lease of space in the Project; (vii) Interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the Building or the Project (except as specifically permitted above); (viii) Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (ix) Advertising and promotional expenditures and costs of signs in or on the Building or Project identifying the owner of the Building or Project or other tenants’ signs; (x) Costs arising from Landlord’s charitable or political contributions; (xi) Costs for sculpture, paintings or other objects of art; (xii) 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 Project, including 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, mortgaging or hypothecating any of Landlord’s interest in the Project, costs of any disputes between Landlord and its employees (if any) not engaged in Project operation, disputes of Landlord with Project management, or outside fees paid in connection with disputes with other tenants; (xiii) Costs of any “tap fees” or any sewer or water connection fees for the benefit of any particular tenant in the Project; (xiv) Any expenses incurred by Landlord for use of any portions of the Project to accommodate events including, but not limited to shows, promotions, kiosks, displays, filming, photography, private events or parties, ceremonies, and advertising beyond the normal expenses otherwise attributable to providing Project services;; Landlord’s Initials /s/ [ILLEGIBLE] Tenant’s Initials /s/ BD, /s/ BL (xv) Any entertainment, dining or travel expenses for any purpose; (xvi) Any flowers, gifts, balloons, etc. provided to any entity whatsoever, including, but not limited to, Tenant, other tenants, employees, vendors, contractors, prospective tenants and agents; (xvii) Any “finders fees”, brokerage commissions, job placement costs or job advertising costs; (xviii) Any “above-standard” cleaning, including, but not limited to construction cleanup or special cleanings associated with parties/events and specific tenant requirements in excess of service provided to Tenant, including related trash collection, removal, hauling and dumping; (xix) The cost of any magazine, newspaper, trade or other subscriptions; (xx) The cost of any training or incentive programs, other than for tenant life safety information services; (xxi) The cost of any “tenant relations” parties, events or promotion not consented to by an authorized representative of Tenant in writing; (xxii) “In-house” legal fees; (xxiii) Earthquake Insurance (unless required by Landlord’s lender); and (xxiv) Any insurance deductible amounts in excess of $50,000 in the aggregate. Landlord’s Initials Tenant’s Initials.

Exclusions from Common Area Expenses. Notwithstanding anything in the definition of Common Area Expenses in the Lease to the contrary, Common Area Expenses shall not include the following, except to the extent specifically permitted by a specific exception to the following: (i) Any ground lease rental; (ii) Costs incurred by Landlord for the repair of damage to the Project, to the extent that Landlord is reimbursed by insurance proceeds; (iii) Costs, including permit, license and inspection costs, incurred with respect to the installation of tenant or other occupants’ improvements in the Project or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Project; (iv) Depreciation, amortization and 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, Landlord’s Initials Tenant’s Initials where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party’s services; (v) Marketing costs, leasing commissions, attorneys’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Project; (vi) Costs incurred by Landlord due to the violation by Landlord or any other tenant of the terms and conditions of any lease of space in the Project; (vii) Interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the Building or the Project (except as specifically permitted above); (viii) Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (ix) Advertising and promotional expenditures and costs of signs in or on the Building or Project identifying the owner of the Building or Project or other tenants’ signs; (x) Costs arising from Landlord’s charitable or political contributions; (xi) Costs for sculpture, paintings or other objects of art; (xii) 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 Project, including accounting and legal Landlord’s Initials Tenant’s Initials matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord’s interest in the Project, costs of any disputes between Landlord and its employees (if any) not engaged in Project operation, disputes of Landlord with Project management, or outside fees paid in connection with disputes with other tenants; (xiii) Costs of any “tap fees” or any sewer or water connection fees for the benefit of any particular tenant in the Project; (xiv) Any expenses incurred by Landlord for use of any portions of the Project to accommodate events including, but not limited to shows, promotions, kiosks, displays, filming, photography, private events or parties, ceremonies, and advertising beyond the normal expenses otherwise attributable to providing Project services; (xv) Any entertainment, dining or travel expenses for any purpose; (xvi) Any flowers, gifts, balloons, etc. provided to any entity whatsoever, including, but not limited to, Tenant, other tenants, employees, vendors, contractors, prospective tenants and agents; (xvii) Any “finders fees”, brokerage commissions, job placement costs or job advertising costs; (xviii) Any “above-standard” cleaning, including, but not limited to construction cleanup or special cleanings associated with parties/events and specific tenant requirements in excess of service provided to Tenant, including related trash collection, removal, hauling and dumping; (xix) The cost of any magazine, newspaper, trade or other subscriptions; (xx) The cost of any training or incentive programs, other than for tenant life safety information services; (xxi) The cost of any “tenant relations” parties, events or promotion not consented to by an authorized representative of Tenant in writing;; and (xxii) “In-house” legal fees; (xxiii) Earthquake Insurance (unless required by Landlord’s lender); and (xxiv) Any insurance deductible amounts in excess of $50,000 in the aggregate. Landlord’s Initials Tenant’s Initials.

Exclusions from Common Area Expenses. Notwithstanding anything in the definition of Common Area Expenses in the Lease Section 7.2 to the contrary, the following costs and expenses shall be excluded from Common Area Expenses shall not include the following, except to the extent specifically permitted by a specific exception to the followingCosts: (i) Any ground lease rental; (ii) Costs incurred by Landlord for the repair of damage to the Project, to the extent that Landlord is reimbursed by insurance proceeds; (iii) Costs, including permit, license and inspection costs, incurred with respect to the installation of tenant or other occupants’ improvements in the Project or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Project; (iv) Depreciation, amortization and 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, Landlord’s Initials Tenant’s Initials where such depreciation, amortization and interest payments would otherwise have been included in the charge for such third party’s services; (v) Marketing costs, leasing commissions, attorneys’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Project; (vi) Costs incurred by Landlord due to the violation by Landlord or any other tenant of the terms and conditions of any lease of space in the Project; (vii) Interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the Building or the Project (except as specifically permitted above); (viii) Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (ix) Advertising and promotional expenditures and costs of signs in or on the Building or Project identifying the owner of the Building or Project or other tenants’ signs; (x) Costs arising from Landlord’s charitable or political contributions; (xi) Costs for sculpture, paintings or other objects of art; (xii) Costs associated with the operation of the business of the ownership or entity which constitutes Landlord "Landlord" as the same are distinguished from the costs of operation of the Projectbuilding operations, including but not limited to partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as to the extent the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord’s 's interest in the ProjectBuilding, costs of any disputes between Landlord and its property manager or between Landlord and its employees (if any) who are not engaged in Project operation, disputes of Landlord with Project managementBuilding operations, or outside fees paid in connection with disputes with other tenants (except to the extent such fees are paid in connection with the enforcement of lease covenants which will inure to the benefit of other tenants of the Property); (ii) Costs incurred in connection with the original design and construction of the Building; (iii) Costs of alterations or improvements of the Premises or the premises of other tenants, except to the extent required by applicable law or reasonably incurred to reduce Common Area Expenses; (iv) Depreciation, interest and principal payments on mortgages and other debt costs, if any, (exclusive of any portions paid for real estate taxes, insurance or other expenses which are properly included in Common Area Expenses), except as expressly contemplated in Section 7.2(xii), above, with respect to the amortization of and the interest factor attributable to the cost of certain capital expenses permitted to be included as Common Area Expenses; (v) Costs of correcting defects in the design or construction of the Building or the materials used in the construction of the Building or the equipment or appurtenances thereto; (vi) Additional incremental expenses directly resulting from the negligence of Landlord or Landlord's Agents; (vii) Legal fees, space planners' fees, real estate brokers' leasing commissions and advertising expenses incurred in connection with the original development or original leasing of the Building or future leasing of the Building; (viii) The portion of any cost or expense which is reimbursed to Landlord by Landlord's insurance carrier or any tenant's insurance carrier; (ix) Any bad debt loss, rent loss, or reserves for bad debts or rent loss; (x) The expense of providing a level of service to any other tenant of the Building which materially exceeds the level of service provided to Tenant without additional charge, to the extent of such excess; (xi) The portion of any wages of any employee which is attributable to hours not devoted to the Property; (xii) Fines, penalties and (except as otherwise permitted herein) interest; (xiii) Costs Amounts paid as ground rental by Landlord (exclusive of any “tap fees” portions paid for real estate taxes, insurance or any sewer or water connection fees for the benefit of any particular tenant other expenses which are properly included in the ProjectCommon Area Expenses); (xiv) Any expenses incurred by Landlord operating costs to provide services which are solely for use the benefit of any portions of the Project to accommodate events including, but not limited to shows, promotions, kiosks, displays, filming, photography, private events or parties, ceremonies, and advertising beyond the normal expenses otherwise attributable to providing Project servicesretail tenants; (xv) Any entertainmentrecalculation of, dining or travel expenses for any purposeadditional, Common Area Expenses actually incurred more than one year prior to the year in which Landlord proposes that such costs be included, except as permitted pursuant to Section 7.2 (xii), above; (xvi) Any flowersCapital expenditures, giftsexcept as provided for in Section 7.2(xii), balloons, etc. provided to any entity whatsoever, including, but not limited to, Tenant, other tenants, employees, vendors, contractors, prospective tenants and agentsabove; (xvii) Any “finders fees”, brokerage commissions, job placement Costs incurred by Landlord with respect to goods and services (including utilities sold and supplied to tenants and occupants of the Building) to the extent that Landlord is entitled to reimbursement for such costs or job advertising costs(other than through reimbursements of tenants' share of Common Area Expenses; (xviii) Any “above-standard” cleaning, including, but not limited to construction cleanup or special cleanings associated with parties/events and specific tenant requirements in excess of service provided to TenantCosts, including related trash collectionpermit, removallicense and inspection costs, hauling and dumpingincurred with respect to the installation of tenant improvements made for new tenants in the Building, or incurred in renovating, decorating, or redecorating vacant space for tenants or other occupants of the Building; (xix) The cost portion of any magazinefee (including management fees), newspapercharge or expense which exceeds by more than a de minimis amount the market rates for goods and services provided in exchange therefor, trade for properties similar to and located in the same general vicinity as the Property (including overhead, profit increment paid to Landlord or other subscriptionsto subsidiaries or affiliates of Landlord for services in the Building, to the extent the same exceeds by more than a de minimis amount the costs of such services rendered by reputable unaffiliated third parties supplying such services or items to properties similar to and located in the same general vicinity as the Property ); (xx) The cost of any training Any compensation paid to clerks, attendants or incentive programs, other than for tenant life safety information servicespersons in commercial concessions operated by Landlord in the Building; (xxi) The cost Rental expenses incurred to lease air conditioning systems, elevators or other equipment ordinarily considered to be of any “tenant relations” partiesa capital nature which, events or promotion if purchased rather than leased, would not consented be included in Common Area Expenses pursuant to by an authorized representative of Tenant in writingParagraph 7.2(xii) and 7.3(xvi), above; (xxii) “In-house” legal fees;Electric power costs for which any Tenant directly contracts with the local public service company; and (xxiii) Earthquake Insurance (unless required Any mark-xx on utilities provided by Landlord’s lender); and (xxiv) Any insurance deductible amounts in excess of $50,000 . It is understood that Common Area Expenses will be reduced by all trade and quantity discounts received by Landlord or Landlord's managing agent in the aggregatepurchase of goods, utilities or services in connection with the operation of the Building. In calculating Common Area Expenses hereunder, no individual expenditure will be charged more than once. Landlord agrees to use commercially reasonable efforts to effect an equitable apportionment of bills for services rendered to the Building and any other property owned by Landlord’s Initials Tenant’s Initials. Landlord agrees to keep books and records showing Common Area expenses in accordance with a system of accounts and accounting practices which are consistently applied.