Exclusions from Operating Costs. Operating Costs will not include the following: (a) original construction costs of the Building or Project; (b) Real Estate Taxes; (c) depreciation of the Building (except as otherwise provided herein); (d) payments of principal and interest on any mortgages, deeds of trust, or other encumbrances on the Building; (e) costs to paint, decorate, or renovate a specific tenant’s space (specifically excluding base building improvements and systems and the common areas of the Project), unless such items are similarly provided to, or benefit generally, other tenants in the Building; (f) costs to repair, restore, or replace any item in the Building, to the extent Landlord is actually reimbursed therefore by proceeds from insurance, warranties, condemnation, a tenant of the Building or a third party; (g) leasing commissions, attorneys’ fees, space planning costs, permitting costs, license and inspection costs, moving costs and advertising or promotional costs Landlord incurs to lease space in the Building to tenants or prospective tenants of the Building; (h) any ground lease rental; (i) the cost of any capital improvements made by Landlord to the Building and/or Project, or capital assets acquired by Landlord after the Lease Commencement Date in order to comply with any local, state or federal law, ordinance, rule, regulation, code or order of any governmental entity or insurance requirement, including but not limited to, the Americans with Disability Act (each a “Legal Requirement” and collectively, the “Legal Requirements”) with which the Building and/or Project was required to comply at the Lease Commencement Date; (j) attorneys’ fees with respect to disputes with other tenants in the Building or Project; (k) all items or services for which another tenant of the Building reimburses Landlord (other than through Operating Costs); (l) Landlord’s general corporate overhead (except to the extent management/administrative fees are otherwise permitted in this Lease); (m) electric power costs for which any tenant directly contracts with the local public utility service; (n) all costs of Landlord’s political or charitable contributions; (o) interest or penalties arising from Landlord’s late payment of any costs relating to the Project (unless resulting from Tenant’s late payment to Landlord); (p) costs, fees, and charges paid to Landlord or Landlord’s affiliates for services in connection with the Building or Project to the extent such charges exceed the charges for comp...
Exclusions from Operating Costs. Operating Costs shall not include any of the following:
Exclusions from Operating Costs. Operating Costs shall not include any of the following: ground rent; interest and amortization of funds borrowed by Landlord for items other than capital improvements; leasing commissions and advertising and space planning expenses incurred in procuring tenants; and salaries, wages, or other compensation paid to officers or executives of Landlord in their capacities as officers and executives.
Exclusions from Operating Costs. Notwithstanding anything in this Lease to the contrary, the following items shall be excluded from the definition of Operating Costs:
49.1. Costs incurred for repairs or other work to the Project occasioned by fire, windstorm or other insurable casualty or by the exercise of eminent domain or any expenditures for which Landlord is reimbursed.
Exclusions from Operating Costs. Operating Costs shall not include:
(a) Amounts reimbursed by other sources, such as insurance proceeds, condemnation proceeds, warranties, judgments or settlements;
(b) Utilities or other expenses paid directly by tenants to suppliers or paid by tenants to Landlord for separately metered or special services;
(c) Ground rents;
Exclusions from Operating Costs. Notwithstanding anything to the contrary contained in the Lease, the following items shall be excluded from the calculation of Operating Costs and/or Taxes, each as the case may be, as such applicable term(s) are defined by the Lease:
a. Corporate Overhead—All costs associated with the operation of the business of the entity which constitutes “Landlord” or “Landlord’s managing agent” (as distinguished from the costs of the operations of the Building/Project) including, but not limited to, Landlord’s or Landlord’s managing agent’s general corporate overhead and general administrative expenses, legal, risk management, and corporate and/or partnership accounting and legal costs, mortgages, debt costs or other financing charges, asset management fees, administrative fees, any costs that would normally be considered included in a management fee (e.g., property accounting charges, local area network (“LAN”) and wide area network (“WAN”) charges, travel expenses for company meetings or training, etc.), placement/recruiting fees/costs for employees whether they are assigned to the Building/Project or not, employee training programs, real estate licenses and other industry certifications, health/sports club dues, employee parking and transportation charges, tickets to special events, costs of any business licenses regardless if such costs are considered a form of Real Estate Tax, costs of defending any lawsuits, costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord’s interests in the Building/Project, bad debt loss, rent loss or any reserves thereof, and costs incurred in connection with any disputes between Landlord and/or Landlord’s management agent and their employees, tenants or occupants, and providers of goods and services to the Building/Project;
Exclusions from Operating Costs. The following shall be excluded from Operating Costs as determined pursuant to Section 7.07:
(a) depreciation on the costs of the original components of the Building Systems installed as part of the construction, reconstruction or material renovation of the Building;
(b) the cost of any repair to, or replacement or maintenance of, the structure of the Building;
(c) the cost of any repair, replacement or maintenance, of the structure of the Building;
(d) the costs of enforcing leases of other tenants of the Building;
(e) any fines or penalties that the Landlord incurs in connection with any failure to perform obligations;
(f) the costs of acquisition of the Lands and Building, development of the Lands and Building and the cost of original construction of the Building, adding new improvements to the Building;
(g) any costs included in Operating Costs representing an amount paid to any Person or other entity related to the Landlord (other than the management and administration fee referred to in Subsection 7.7(l) above) which are in excess of the amounts which would have been paid had the Landlord acted as a reasonable and prudent manager and administrator;
(h) debt service costs;
(i) basic annual ground rent payable by the Landlord to the lessor under a ground lease, if any, of the Lands or the Building;
(j) any taxes on the income or profits of the Landlord to the extent that they are not imposed in lieu of Property Taxes or Sales Taxes; and
(k) costs incurred by the Landlord in leasing the Building, including commissions, advertising costs and tenant inducement payments.
Exclusions from Operating Costs. In no event shall Operating Costs include any of the following: (a) ground rent and mortgage interest, (b) leasing commissions, costs of legal and other professional fees incurred in preparing, negotiating and executing leases or in resolving any disputes with tenants, (c) the cost of electrical energy furnished and metered directly to tenants of the Shopping Center, (d) cost of any tenant installations and decorating expenses incurred in connection with preparing space for any new tenant, (e) overhead costs, salaries and similar items over and above the 15% allowance set forth in Section 4.01, (f) income taxes imposed upon Landlord, (g) cost of any special work or services performed by or at the request of any tenant, within tenant's premises, (h) costs incurred by Landlord, including legal and other professional fees, as a result of a breach by any tenant or Landlord of obligations under a lease, (i) increased insurance premiums caused by acts of any tenant, (j) costs of a capital nature, unless they result in decreased operating expenses (i.e., installation of an energy management system), (k) costs which are covered by insurance or by any manufacturer warranty, excluding any applicable deductibles and (l) depreciation.
Exclusions from Operating Costs. Operating Costs do not include costs for (1) capital improvements made to the Building (except capital improvements described in Section 3.2(b)(3) above); (2) repair, replacements and general maintenance paid by proceeds of insurance or by Tenant or other third parties; (3) interest, principal, amortization or other payments on loans to Landlord, except for interest payments made in connection with Subsection 3.2(b)(3) above; (4) depreciation; (5) real estate brokerage and/or leasing commissions and lease buy-outs; (6) renovations, alterations or improvements to the space of other tenants or occupants of the Building or vacant space in the Building; (7) the cost of any item which is or should, in accordance with good accounting practices, be capitalized on the books of Landlord; (8) the cost of repairs or replacements incurred by reason of fire or other casualty or condemnation which are covered by casualty insurance or a condemnation award; (9) costs incurred in performing work or furnishing services or utilities for any tenant or other occupant in the Building, whether at the expense of such other tenant or occupant or Landlord, to the extent that such work, service or utility is in excess of any work, service or utilities that Landlord is obligated to furnish to Tenant at Landlord’s expense;
Exclusions from Operating Costs. Operating Costs shall not include:
(a) Amounts reimbursed by other sources, such as insurance proceeds, condemnation proceeds, warranties, judgments or settlements;
(b) Utilities or other expenses paid directly by tenants to suppliers or paid by tenants to Landlord for separately metered or special services;
(c) Ground rents;
(d) Payments on any mortgage or other encumbrance;
(e) The cost of construction of tenant improvements;
(f) The cost of replacements (but not repairs) of structural elements;
(g) Leasing commissions;
(h) The cost of correction of defects in material or workmanship in the initial construction of the Project;
(i) The cost of general overhead and administrative expenses (including accounting and legal fees) of Landlord not directly related to the operation of the Project;
(j) The cost of negotiating or enforcing leases of other tenants;
(k) The cost of alterations within the leased premises of tenants for their sole or principal benefit;
(1) Fines, penalties, interest, and late fees or similar costs incurred by Landlord;