Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the term "Operating Expenses" shall not include any of the following: 5.7.1 Leasing commissions or legal fees incurred in lease preparation; 5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all costs and expenses relating to debts secured by the Real Property; 5.7.3 The cost of initial Tenant Improvements to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H; 5.7.4 The cost of capital improvements other than as specified above; 5.7.5 The costs reimbursed by insurance; 5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000; 5.7.7 Bad debt or rent loss; 5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence; 5.7.9 All costs associated with the operation of Landlord's business (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder); 5.7.10 Advertising and leasing costs; 5.7.11 Costs of construction of the Building and modification, alteration or repair of the Building due to defective construction or latent defects; 5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors; 5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain; 5.7.14 Costs for which Landlord has a right of reimbursement from others; 5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date; 5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions of any lease or other agreement; 5.7.17 Depreciation, amortization or other expense reserves; 5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and 5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10.
Appears in 1 contract
Samples: Lease Agreement (Ilog Sa)
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6foregoing, the term "Operating Expenses" shall not include any of the following:
5.7.1 Leasing commissions or legal fees incurred in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all following costs and expenses shall not be included in Operating Expenses:
(1) Refinancing costs, and interest and principal payments on mortgage or any other debt;
(2) ground rental payments;
(3) Landlord’s gross receipts taxes, personal corporate income taxes, inheritance and estate taxes, franchise, gift and transfer taxes, charges, fees or assessments related to or resulting from any changes of ownership of the building;
(4) the cost of capital improvements/expenditures (unless treated as provided above in Section 5.04(a));
(5) the costs of painting or decorating (other than public areas), the costs of alterations to the Premises or the premises of other tenants of the Building, or the cost of any work furnished by Landlord without charge as an inducement for a tenant to lease space (i.e., free rent, improvement allowances);
(6) a property management fee in excess of three (3%) percent of the gross rental proceeds;
(7) depreciation of the Building;
(8) expenses, including rent, associated with maintaining a leasing or marketing office;
(9) salaries and other compensation of executive officers of the Landlord or Managing Agent senior to the individual Building manager;
(10) income or franchise taxes or other such taxes imposed or measured by the income of the Landlord from the operation of the Building;
(11) the cost of constructing and/or installing any special service or facility such as an observatory, broadcasting facility, luncheon club, athletic or recreational club, cafeteria or dining facility;
(12) the costs associated with utilities, services or amenities not available to all tenants or provided to any tenant to a materially greater extent or more favorable manner than generally provided to other tenants;
(13) the costs of correcting latent defects and defects in construction or renovation of the Building or its systems; 4846-0294-9028.v11
(14) the costs (including fines and penalties) to comply with laws such as ADA and environmental laws including, without limitation, laws relating to debts secured by the Real Propertyphase-out of so-called "Freon" as a coolant;
5.7.3 The (15) the cost of initial Tenant Improvements any work performed or service provided to the extent fees or other compensation are received;
(16) payments for rental items, the cost of which would constitute a capital expenditure if such equipment were purchased (unless treated as provided above in Section 5.04(a));
(17) legal, space planning, construction and other expenses incurred in connection with tenant leases including, without limitation, negotiations with prospective tenants and enforcing provisions of this lease or other leases in the Building;
(18) costs for sculptures, paintings and other objects of art located in the interior or on the exterior of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit HBuilding or immediately adjacent thereto;
5.7.4 The cost (19) any fees and expenses paid to an agent which is related to Landlord or any affiliate of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs Landlord to the extent such fees or expenses are in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles the customary market amounts which would be paid in excess the absence of $10,000such a relationship;
5.7.7 Bad (20) expenditures for repairs or maintenance which are covered by warranties, guarantees or service contracts;
(21) any expenditure for which the Landlord has been or is entitled to be reimbursed by third parties such as insurance companies or would have been compensated through proceeds of insurance had the Landlord maintained insurance customarily carried by similar lessors;
(22) the cost of any repairs, alterations, additions, changes, tools, equipment replacements and the like which under generally accepted accounting principles and practices are properly classified as capital expenditures (unless treated as provided above in Section 5.04(a));
(23) advertising, promotional and marketing expenses;
(24) real estate brokerage and leasing commissions;
(25) expenses in connection with repairs or other work occasioned by the exercise of the right of eminent domain;
(26) damages incurred due to the gross negligence of the Landlord;
(27) debt costs or the costs of financing or refinancing;
(28) the costs, fines or penalties incurred due to violations by the Landlord of any governmental rule or authority;
(29) expenses incurred by Landlord, if any, in connection with the operation, cleaning, repair, safety, management, security, maintenance or other services of any kind provided to any portions of the Building which are leased or designed to be used for retail, garage or storage purposes;
(30) any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord;
(31) Landlord's general partnership overhead not related to management of the Building;
(32) contributions to operating expense reserves;
(33) bad debt loss, rent loss or reserves for bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence(34) “Taxes”;
5.7.9 All costs associated with the operation of (35) Costs incurred in performing work or furnishing services for any tenant (including Tenant), whether at such tenant’s or Landlord's business (except ’s expense, to the extent that such costs are otherwise expressly permitted work or 4846-0294-9028.v11 service is intended to benefit only one tenant or subset of tenants rather than the entire tenancy of the Building;
(36) The cost of electricity (for other than heating and air-conditioning) furnished to the Demised Premises or any other space leased or leasable to tenants as reasonably estimated by Landlord (common area utilities electricity is included in Operating Expenses hereunderExpenses);
5.7.10 Advertising and leasing costs;
5.7.11 Costs (37) Salaries, wages, or other compensation or benefits paid to off-site employees of construction of Landlord who are not assigned full-time to the Building and modificationoperation, alteration management, maintenance, or repair of the Building due Building; provided however, Operating Expenses shall include a reasonably allocable portion of compensation paid to defective construction any employee of Landlord (or latent defectsan affiliate of Landlord) at the level of building manager or below, whether onsite or offsite, who is assigned part-time to the operation, management, maintenance, or repair of the Property;
5.7.12 (38) Costs occasioned by the actincurred in connection with disputes with tenants, omission or violation of law by Landlord or its managers, members, agents, employeesother occupants, or contractors;
5.7.13 Costs occasioned by fire, acts of Godprospective tenants, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements and expenses incurred in connection with negotiations or disputes with employees, consultants, management agents, leasing agents, purchasers or mortgagees of the Building;
(39) Costs, fines, interest, penalties, legal fees or costs of litigation incurred due to the late payments of taxes, utility bills and other costs incurred as a result of Landlord's failure to make such payments when due;
(40) General overhead and general administrative expenses and accounting, record-keeping and clerical support of Landlord or the management agent, unless such services are provided by third-parties other than the Landlord, Landlord’s affiliates or the management agent.
(41) Increased insurance premiums caused by Landlord's or any other occupant tenant's hazardous acts;
(42) Costs incurred to correct violations by Landlord of any law, rule, order or regulation which was in effect as of the Real Property, if any, and costs date hereof;
(43) Costs arising from the violation presence of hazardous substances in or about or below the Land or the Building, including without limitation, hazardous substances in the groundwater or soil (unless introduced or caused by Tenant);
(44) Non-cash accounting items, such as deductions for depreciation and amortization of the Building and the Building’s equipment, interest on capital invested, bad debt losses, rent losses and reserves for such losses;
(45) Except for amenities provided to all tenants of the Building (i.e. fitness club), services provided and costs incurred in connection with the operation of retail or other ancillary operations owned, operated or subsidized by Landlord;
(46) Costs of overtime HVAC service whether provided to the Tenant or any other tenant of the Building (with the understanding that Tenant shall nevertheless be responsible for after hours HVAC as set forth in Section 16.01);
(47) Costs incurred by Landlord of because a tenant violated or was alleged to have violated the terms and conditions of any lease or other agreementits lease;
5.7.17 Depreciation, amortization (48) Costs incurred by Landlord for trustees’ fees or other expense reservespartnership or corporate organizational groups;
5.7.18 Costs (49) Charitable or political contributions or trade association dues;
(50) Accounting and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or legal expenses, other than except if and to the Management Fee described in Section 5.10extent that the same are directly related to operating the Building;
(51) Any entertainment, dining or travel expenses of Landlord for any purpose; or 4846-0294-9028.v11
(52) “In-house” legal and/or accounting fees.
Appears in 1 contract
Samples: Lease Agreement (UroGen Pharma Ltd.)
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the term "Operating Expenses" expenses shall not include include: (i) depreciation or amortization (except as provided above in Section 5.1); (ii) interest on and amortization of debts (except as provide above in Section 5.1); (iii) Tenant improvements made for any tenants of the Building including those for Landlord or its tenants; (iv) leasing commissions, attorneys' fees, costs and disbursements and other expenses incurred in connection with leasing, renovating, or improving space for tenants or prospective tenants; (v) costs associated with the collection of rent under any such lease or defense of Landlord's title to or interest in the Project; (vi) refinancing costs; (vii) the cost of any work or services performed for any occupants of any leased space in the Building (including Tenant), whether at the expense of Landlord or such occupants, to the extent that such work or services is in excess of the work or services which Landlord makes available to tenants generally or is required to furnish to Tenant under this Lease; (viii) damages recoverable by any occupant due to violation by Landlord of any of the following:
5.7.1 Leasing commissions terms and conditions of this Lease or legal fees any other lease relating to the Building; (ix) capital repairs and replacements (except as provided above in Section 5.1); (x) advertising and promotional expenses; (xi) repairs and other work occasioned by fire or other casualty to the extent Landlord is actually reimbursed or entitled to reimbursements by insurance proceeds; (xii) fines or penalties incurred in lease preparation;
5.7.2 Depreciationdue to violations by Landlord or governmental laws, interestregulations, or amortization on promissory notes secured by orders and the Real Property like: (xiii) expenses for vacant rentable space within the Building, including the cost of utilities, security and renovation; (xiv) all overhead, costs and expenses relating to debts secured by the Real Property;
5.7.3 The cost of initial Tenant Improvements to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business (except business, as distinguished from costs and expenses associated with the operation of the Project such as, without limitation, corporate accounting and legal fees, fidelity and office liability insurance premiums, cost and expense of defending or prosecuting litigation not related to the extent such Project, costs are otherwise expressly permitted and expense of selling, syndicating, financing or mortgaging Landlord's interest in the Project, and cost and expense of collection of rent from other tenants; and (xv) any items of expense as to which the Landlord is reimbursed by means other than Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction Expense payments by tenants of the Building and modification, alteration such as through insurance proceeds or repair of litigation against the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by party who wrongfully caused the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions of any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10expense.
Appears in 1 contract
Samples: Lease Agreement (Webridge Inc)
Exclusions from Operating Expenses. Notwithstanding anything to the terms of Section 5.6contrary contained in this Sublease, the term "Operating Expenses" in no event shall not include Subtenant have any obligation to perform, to pay directly, or to reimburse Sublandlord for, all or any portion of the following:
5.7.1 Leasing commissions or legal fees incurred in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all following costs and expenses relating to debts secured by (collectively, "Costs"): (i) the Real Property;
5.7.3 The cost of initial Tenant Improvements to any work performed (such as preparing a tenant's space for occupancy, for renovating an existing tenant's premises, including painting and decorating) or services provided (such as separately metered electricity) for any tenant (including Subtenant) at such tenant's cost or provided by Sublandlord without charge; (ii) the extent expenses and salaries of Sublandlord's officers, partners, agents and employees or any general corporate overhead and administrative expense of Sublandlord; (iii) the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs any items for which Sublandlord is actually reimbursed by insurance;
5.7.6 Insurance insurance proceeds, condemnation awards, or another tenant or occupant of another building located on the Land; (iv) any advertising or promotional expenses; (v) any costs representing an amount paid to a related or affiliated person of Sublandlord which is in excess of commercially reasonable the amount which would have been paid in the absence of such relationship; (vi) any expenses for repairs or maintenance unless permitted under Paragraph 11(a) hereof or unless otherwise agreed to in writing by Subtenant or which are actually reimbursed through warranties or guaranties (excluding any mandatory deductibles); (vii) any electric power or other utility costs or expenses for comparable propertieswhich Subtenant directly contracts with the local public service company; (viii) any costs, co-insurance amountsincluding without limitation, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs attorneys' fees associated with the operation of Landlord's the business (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction of the Building entity which constitutes Sublandlord, including accounting and modificationlegal matters, alteration costs of selling, syndicating, financing, mortgaging or repair hypothecating any of Sublandlord's interest in the Building due to defective construction Premises or latent defects;
5.7.12 Costs occasioned by the actLand or any part thereof, omission or violation costs of law by Landlord or any dispute between Sublandlord and its managers, members, agents, employees, disputes of Sublandlord with project management or contractors;
5.7.13 Costs occasioned by fire, acts of God, personnel or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred outside fees paid in connection with negotiations or disputes with other tenants; (ix) the cost of any other occupant work or services performed for any tenant (including Subtenant) at such tenant's cost; (x) any reserves of any kind, including without limitation, replacement reserves or reserves for bad debts or lost rent; (xi) depreciation of the Real PropertyPremises or any improvements, if any, and costs arising from the violation by Landlord of the terms and conditions of any lease buildings or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10.structures on the
Appears in 1 contract
Samples: Sublease Agreement (Fairchild Semiconductor International Inc)
Exclusions from Operating Expenses. Notwithstanding anything to the terms of Section 5.6contrary contained in the Lease, the term "Operating Expenses" Expenses shall not include any of the following:
5.7.1 Leasing commissions or legal fees incurred in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured (a) interest payable by the Real Property and all costs and expenses relating Landxxxx xxxh respect to any debts secured by a deed of trust or mortgage on the Real PropertyPremises;
5.7.3 The cost (b) amortization or other payments or charges on loans to Landlord, whether such loans are secured by a deed of initial Tenant Improvements trust, mortgage or otherwise on the Premises;
(c) depreciation (except depreciation on personal property and moveable equipment which is or should be capitalized on Landlord's books, which may be included in Operating Expenses);
(d) leasing fees or brokerage commissions of any kind;
(e) legal, auditing, consulting and professional fees (other than those legal, auditing, consulting and professional fees necessarily incurred in connection with the normal and routine maintenance and operation of the Premises) paid or incurred in connection with the negotiation for leases, financings, refinances, sales, acquisitions, obtaining of permits or approvals, zoning proceedings or actions, environmental permits or actions or disputes with tenants, lawsuits;
(f) expenses incurred in leasing or procuring new tenants, including advertising and marketing expenses, and expenses for preparation of leases or renovating leased space for new tenants;
(g) costs incurred which are actually reimbursed to Landlord by tenants in the Project (including Tenant) or third parties (including insurance carriers);
(h) overhead costs and profit increment paid to subsidiaries or affiliates of Landlord for services relating to the Premises to the extent that the costs of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit Hsuch services exceed competitive costs were they not so rendered by a subsidiary or affiliate of Landlord;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt (i) penalties or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction of the Building and modification, alteration or repair of the Building fines incurred due to defective construction or latent defects;
5.7.12 Costs occasioned by the act, omission or a violation of law by Landlord of or its managersany condition, members, agents, employees, covenant or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in restriction affecting the Premises, the Building or the Real Propertyany laws, rules, regulations or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) ordinances applicable to the Premises, to the Building extent not caused by Tenant or any other tenant of the Real Property on the Commencement DateBuilding;
5.7.16 Fees(j) services, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, items and costs arising from the violation by Landlord of the terms and conditions of any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses benefits for which Tenant specifically reimburses Landlord directly or for which Tenant pays directly to a third person; andpersons;
5.7.19 Costs in the nature of management or administrative fees or expenses(k) penalties and interest for late payment, other than the Management Fee described in Section 5.10.including, without limitation, taxes, insurance, equipment leases
Appears in 1 contract
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the term "(a) Operating Expenses" Expenses shall not include any of the following:
5.7.1 Leasing (1) Legal fees, space planners' fees, real estate brokers' leasing commissions or legal fees and advertising expenses incurred in lease preparationconnection with the original or future leasing of space in the Building;
5.7.2 Depreciation, interest(2) Costs and expenses of alterations or improvements of the Premises or the leasehold premises of other individual tenants in the Building;
(3) Costs of correcting defects in, or amortization on promissory notes secured by inadequacy of, the Real Property and all costs and expenses relating to debts secured by design or construction of the Real Property;
5.7.3 The cost Building or the materials used in the construction of initial Tenant Improvements the Building or the equipment or appurtenances thereto to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit Hcovered by warranties and recovered by Landlord;
5.7.4 The cost of capital improvements (4) Depreciation, interest and principal payments on mortgages and other financing or refinancing costs, if any, other than as specified aboveamortization of and the interest factor attributable to permitted capital improvements;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, (5) Costs and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs expenses associated with the operation of Landlord's the business of the person or entity which constitutes Landlord as the same are distinguished from the costs of operation of the Building, including accounting and legal matters, costs of defending any lawsuits with any Mortgagee (except to the extent such the actions of Tenant or any other tenant may be in issue), costs are otherwise expressly permitted as Operating Expenses hereunder)of selling or financing any of Landlord's interest in the Building and outside fees paid in connection with disputes with other tenants;
5.7.10 Advertising (6) Costs and leasing costsexpenses directly resulting from the gross negligence or willful misconduct of Landlord or its Agents to the extent provable by Tenant;
5.7.11 Costs (7) Real Estate Taxes;
(8) Landlord's income taxes;
(9) Landlord's costs of any service sold or provided to any tenant or occupant of the Building for which Landlord is reimbursed as an additional charge or rental over and above the base rent and escalations payable under the lease or occupancy agreement with that tenant or other occupant (including after-hours HVAC costs or over-standard electrical consumption costs incurred by other tenants or occupants or excess insurance costs arising from a tenant's specific use or equipment) and costs of services provided to some tenants, but not to Tenant;
(10) The initial cost of construction of the Building Building;
(11) Expenses for repairs or replacements to the extent such expenses are covered by and modification, alteration reimbursed to Landlord by virtue of warranties from contractors or suppliers;
(12) The cost of any item of service or repair to the extent covered by and reimbursed to Landlord under any warranty, guaranty or insurance policy maintained or held by Landlord;
(13) Any Operating Expenses which are payable by any tenant directly to the provider of the Building due to defective construction service or latent defects;
5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has is entitled to be and is reimbursed directly by a right of reimbursement from otherstenant, or by insurance proceeds;
5.7.15 Costs (14) Legal or accounting fees, costs and disbursements for negotiating leases or enforcing the lease obligations of other tenants in the Complex;
(15) Damage and repairs attributable to condemnation, fire or other casualty to the extent covered by insurance actually maintained or required under the provisions of this Lease to be maintained by Landlord and collected by Landlord;
(16) Interest, penalties or other costs arising out of Landlord's failure to make timely payments of its obligations, unless such failure is caused by Tenant's conduct;
(17) Repairs required to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (violations of Legal Requirements existing as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on of the Commencement Date;
5.7.16 Fees(18) Compensation of officers or executives of Landlord above the level of property manager;
(19) Costs to acquire sculpture, commissions, attorneys' fees, costs paintings or other disbursements incurred in connection with negotiations or disputes with any other occupant objects of the Real Property, if any, and costs act;
(20) Costs arising from the violation presence of Hazardous Materials (as defined in Article 26) in, about or below the Building or Complex; and Landlord shall not collect more than one hundred percent (100%) of the Operating Expenses actually incurred by Landlord and shall not recover any items of the terms and conditions of any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other cost more than the Management Fee described in Section 5.10once.
Appears in 1 contract
Samples: Lease Agreement (Crosswalk Com)
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the term "(a) Operating Expenses" Expenses shall not include any of the following:
5.7.1 Leasing (1) Legal fees, space planners' fees, real estate brokers' leasing commissions or legal fees and advertising expenses incurred in lease preparationconnection with the original or future leasing of space in the Building;
5.7.2 Depreciation, interest(2) Costs and expenses of alterations or improvements of the Premises or the leasehold premises of other individual tenants in the Building;
(3) Costs of correcting defects in, or amortization on promissory notes secured by inadequacy of, the Real Property and all costs and expenses relating to debts secured by design or construction of the Real Property;
5.7.3 The cost Building or the materials used in the construction of initial Tenant Improvements the Building or the equipment or appurtenances thereto to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit Hcovered by warranties and recovered by Landlord;
5.7.4 The cost of capital improvements (4) Depreciation, interest and principal payments on mortgages and other financing costs, if any, other than as specified aboveamortization of and the interest factor attributable to permitted capital improvements;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, (5) Costs and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs expenses associated with the operation of Landlord's the business of the person or entity which constitutes Landlord as the same are distinguished from the costs of operation of the Building, including accounting and legal matters, costs of defending any lawsuits with any Mortgagee (except to the extent such the actions of Tenant or any other tenant may be in issue), costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction selling or financing any of Landlord 's interest in the Building and modification, alteration or repair of the Building due to defective construction or latent defectsoutside fees paid in connection with disputes with other tenants;
5.7.12 (6) Costs occasioned by and expenses directly resulting from the act, omission gross negligence or violation willful misconduct of law by Landlord or its managersAgents to the extent provable by Tenant; and
(7) Real Estate Taxes;
(8) Ground lease rents;
(9) Costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or other third parties;
(10) Any cost representing an amount paid for first class services and/or materials to a related person, members, agents, employeesfirm, or contractorsentity to the extent such amount exceeds the amount that would be paid for such first class services and/or materials at the then existing market rates to an unrelated person, firm, or entity;
5.7.13 (11) Costs occasioned by fireincurred due to the late payment of taxes, acts of God, utility bills or other casualties or by amounts owing, so long as Landlord was obligated to make such payments and did not in good faith dispute the exercise amount of the power of eminent domainsuch payments;
5.7.14 (12) Costs for which or expenses incurred by Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premisesfinancing, refinancing, pledging, selling, granting or otherwise transferring or encumbering ownership rights in the Building or the Real PropertyLand; and (13)
(13) Any fines, interest or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements penalties incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord by reason of the terms and conditions of Landlord's failure to pay in a timely manner any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10Real Estate Taxes.
Appears in 1 contract
Samples: Deed of Lease (Versatility Inc)
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6foregoing, the term "Operating Expenses" shall not include any of (1) Real Estate Taxes, (ii) depreciation on the following:
5.7.1 Leasing commissions or legal fees incurred in lease preparation;
5.7.2 DepreciationPremises, interest, or amortization on promissory notes secured by the Real Property and all costs and expenses relating to debts secured by the Real Property;
5.7.3 The cost of initial Tenant Improvements to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of (iii) capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business (except to the extent such as provided in clause (x) above), (iv) real estate brokers' commissions, executive salaries (exclusive of fees paid for management activities), (v) attorneys' fees and court costs are otherwise expressly permitted (except as Operating Expenses hereunderprovided in clause (xiii) above);
5.7.10 Advertising , (vi) voluntary exterior window replacements, (vii) principal and leasing costs;
5.7.11 Costs of construction of the Building interest payments on loans and modificationground lease payments and other similar finance charges, alteration or repair of the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, (viii) repairs or other casualties or work occasioned by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs , (ix) costs incurred due to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriterLandlord's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions of this Lease or of any lease law, statute, ordinance, (x) expenses for which Landlord is fully compensated or reimbursed by insurance or by any other party, (xi) cost of repairs or other agreement;
5.7.17 Depreciationwork occasioned by a Casualty Loss (as that term is defined in Section 11.1 hereof), amortization (xii) Landlord's general overhead and/or administrative expenses, (xiii) except as otherwise expressly provided in this Lease, any cost or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly incurred with respect to the investigation, removal, remediation, containment, clean-up, or which Tenant pays directly other response associated with or pertaining to a third person; and
5.7.19 Costs the actual or alleged presence of Hazardous Materials at, on, beneath, or in the nature vicinity of management the Premises or administrative fees to the actual or expensesthreatened release of Hazardous Materials at, other than on, beneath, or in the Management Fee described vicinity of the Premises, (xiv) any costs paid to any affiliate of Landlord which is in Section 5.10excess of the amount which would be paid absent such relationship, and (xv) costs incurred in connection with any financing or refinancing of the Premises by Landlord.
Appears in 1 contract
Samples: Office Lease (NBC Internet Inc)
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the The term "Operating ---------------------------------- Expenses" shall not include any of the following:
5.7.1 (i) Leasing commissions or legal fees incurred in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all costs and expenses relating to debts secured by the Real Property;
5.7.3 The cost of initial Tenant Improvements to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction of the Building and modification, alteration or repair of the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or costs, disbursements, and other disbursements expenses incurred in connection with negotiations or disputes with tenants, or in connection with leasing, renovating, or improving space for tenants; (ii) the cost of any service sold to Tenant for which Landlord is reimbursed as an additional charge or rental over and above the basic rent and escalations payable under this Lease; (iii) any depreciation on the Premises; (iv) increases in costs incurred due to Landlord's default of any terms or conditions of this Lease (beyond applicable notice and cure periods); (v) overhead profit increments paid to Landlord's subsidiaries or affiliates for management or other occupant services on or to the building or for supplies or other materials to the extent that the cost of the Real Propertyservices, if anysupplies, or materials exceeds the cost that would have been paid had the services, supplies or materials been provided by unaffiliated unionized parties on a competitive basis; (vi) all interest, loan fees, and other carrying costs arising from related to any mortgage or deed of trust and all rental and other amounts payable due under any ground or underlying lease; (vii) any compensation paid to clerks, attendants, or other persons in commercial concessions operated by Landlord on the violation Premises; (viii) advertising and promotional expenditures; (ix) costs of repairs and other work occasioned by fire, windstorm, or other casualty to the extent insured by Landlord; provided, however, reasonable deductibles under any such policy may be included in Operating Expenses; (x) any fines, or penalties incurred due to violations by Landlord of any governmental rule or authority, which is not the terms and conditions responsibility of any lease Tenant under the Lease, or costs due to Landlord's gross negligence or willful misconduct; (xi) management costs to the extent they exceed 5% of Base Rent plus other Operating Expenses; (xii) costs for sculpture, paintings, or other agreement;
5.7.17 Depreciationobjects of art (nor insurance thereon or extraordinary security in connection therewith); (xiii) wages, amortization salaries, or other expense reserves;
5.7.18 Costs compensation paid to any executive employees above the grade of building manager; (ix) the cost of correcting any building code or other violations which were violations prior to the Commencement Date, provided that a condition which was constructed in compliance with laws at the time of construction shall be deemed to be in compliance with applicable law notwithstanding that such law has thereafter been changed or amended; and expenses for which Tenant reimburses Landlord directly (x) costs incurred to contain, remove or which Tenant pays directly to a third person; and
5.7.19 Costs in remediate any contamination of the nature of management or administrative fees or expenses, other than ground water under the Management Fee described in Section 5.10Premises by Hazardous Substances.
Appears in 1 contract
Samples: Sublease (Ibeam Broadcasting Corp)
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the term "Operating Expenses" Expenses shall not ---------------------------------- include any of the following:
5.7.1 Leasing (i) Legal fees, space planners' fees, real estate brokers' leasing commissions or legal fees and advertising expenses incurred in lease preparationconnection with the original or future leasing of space in the Building;
5.7.2 (ii) Costs and expenses of Alterations or improvements of the Premises or the leasehold premises of other individual tenants;
(iii) Depreciation, interestinterest and principal payments on mortgages and other debt costs, or amortization on promissory notes secured by the Real Property and all costs if any;
(iv) Costs and expenses relating to debts secured by the Real Property;
5.7.3 The cost of initial Tenant Improvements to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's the business of the person or entity which constitutes Landlord as the same are distinguished from the costs of operation of the Building, including accounting and legal matters, costs of defending any lawsuits with any mortgagee (except to the extent such the actions of Tenants or any other tenant may be in issue), costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction selling or financing any of Landlord's interest in the Building and modification, alteration or repair of the Building due to defective construction or latent defectsoutside fees paid in connection with disputes with other tenants;
5.7.12 (v) Costs occasioned by and expenses resulting from the act, omission negligence or violation willful misconduct of law by Landlord or its managers, members, agents, employees, or contractorsAgents to the extent provable by Tenant;
5.7.13 Costs occasioned by fire, acts of God, (vi) Real Estate Taxes as defined in Section 8.2.
(vii) management or other casualties or by the exercise of the power of eminent domainadministrative fees;
5.7.14 Costs for which Landlord has a right of reimbursement from others(viii) Intentionally deleted;
5.7.15 Costs (ix) the cost of Landlord's federal, state or local income taxes;
(x) the expense of rental payments made by Landlord pursuant to correct any construction defect in the Premises, grant or lease covering any or all of the Building or the Real PropertyLand;
(xi) charges or fees for, or taxes on, the furnishing of water, sewer service, gas, fuel, electricity or other utility services to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, those portions of the Building or the Real Property on the Commencement DateLand which are leased to or occupied by tenants, which are separately metered or submetered;
5.7.16 Fees, commissions, attorneys' fees, costs (xii) the cost of providing janitorial or other disbursements incurred in connection with negotiations or disputes with any other occupant trash removal service to those portions of the Real PropertyBuilding or the Land which are leased to or occupied by tenants and separately chargeable to such tenants or occupants;
(xiii) the cost of removing asbestos and all other hazardous substances, if any, located in, on or within the Land, and the costs arising from of complying with all laws, rules, orders and regulations concerning hazardous substances (including asbestos) of all governmental, quasi-governmental or judicial authorities;
(xiv) the violation by Landlord costs incurred in repairing or replacing the roof or the structural portions of the terms and conditions of Building or any lease building or other agreementstructure on the Land;
5.7.17 Depreciation, amortization (xv) the cost of new construction or other expense reservesrenovation of the Building or any building or structure on the Land;
5.7.18 Costs and (xvi) expenses related to security guards;
(xvii) expenses incurred solely for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature benefit of management or administrative fees or expenses, tenants other than the Management Fee described in Section 5.10.office tenants of the Building generally;
(xviii) expenses incurred solely for the benefit of any one office tenant unless such expenses are also incurred for all other office tenants of the Building;
(xix) the costs of complying with all laws, rules, orders and regulations of all governmental, quasi-governmental or judicial authorities concerning any improvements or Alterations to the Building or the Land unless said costs are incurred for the benefit of all tenants; or
Appears in 1 contract
Samples: Full Service Lease (Trex Co Inc)
Exclusions from Operating Expenses. (a) Notwithstanding the terms provisions of Section 5.67.2 above, the term "Operating Expenses" Expenses shall not include either any of the limitations, qualifications or exclusions stated in Section 7.2 or any of the following:
5.7.1 Leasing (1) Legal fees, space planners' fees, real estate brokers' leasing commissions or legal fees and advertising expenses incurred in lease preparationconnection with the original or future leasing of space in the Building;
5.7.2 Depreciation, interest(2) Costs and expenses of alterations or improvements of the Premises or the leasehold premises of other individual tenants in the Building;
(3) Costs of correcting defects in, or amortization on promissory notes secured by inadequacy of, the Real Property and all costs and expenses relating to debts secured by design or construction of the Real Property;
5.7.3 The cost Building or the materials used in the construction of initial Tenant Improvements the Building or the equipment or appurtenances thereto to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit Hcovered by warranties and recovered by Landlord;
5.7.4 The cost of capital improvements (4) Depreciation, interest and principal payments on mortgages and other financing costs, if any, other than as specified aboveamortization of and the interest factor attributable to permitted capital improvements;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, (5) Costs and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs expenses associated with the operation of Landlord's the business of the person or entity which constitutes Landlord as the same are distinguished from the costs of operation of the Building, including accounting and legal matters, costs of defending any lawsuits with any Mortgagee (except to the extent such the actions of Tenant or any other tenant may be in issue), costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction selling or financing any of Landlord's interest in the Building and modification, alteration or repair of the Building due to defective construction or latent defectsoutside fees paid in connection with disputes with other tenants;
5.7.12 (6) Costs occasioned by and expenses directly resulting from the act, omission gross negligence or violation willful misconduct of law by Landlord or its managersAgents to the extent provable by Tenant;
(7) Real Estate Taxes;
(8) Costs incurred in connection with disputes with tenants, members, agents, employeesother occupants, or contractors;
5.7.13 Costs occasioned by fire, acts of Godprospective tenants, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements and expenses incurred in connection with negotiations or disputes with any other occupant employees, management Agents, purchasers or mortgagees of the Real PropertyBuilding;
(9) Costs relating to another tenant's or occupant's space which (A) were incurred in rendering any service or benefit to such tenant that Landlord was not required, if anyor were for a service in excess of the service that the Landlord was required to provide Tenant hereunder or (B) were otherwise in excess of the Building standard services then being provided by Landlord to all tenants or other occupants in the Building, whether or not such other tenant or occupant is actually charged therefor by Landlord;
(10) Costs, fines, interest, penalties, legal fees or costs of litigation incurred due to the late payments of taxes, utility bills and other costs arising from incurred by Landlord's failure to make such payments when due;
(11) Costs or expenses of utilities directly metered to tenants of the violation Building and payable separately by such tenants;
(12) Costs incurred to correct violations by Landlord of any law, rule, order or regulation which was in effect as of the terms and conditions Commencement Date;
(13) Costs incurred for any item to the extent reimbursed by a manufacturer's, materialman's, vendor's or contractor's warranty (a "Warranty");
(14) The cost of any lease "tap fees" or sewer or water connection fees for the Building payable in connection with the initial construction, renovation or expansion of the Building;
(15) Taxes such as capital gains, corporation, unincorporated business, profit, excess profit, inheritance, transfer, recordation, estate, gift or license fees, or any taxes, fees or charges imposed, assessed, levied or charges which are directly associated with construction of the Building;
(16) To the extent that Landlord actually receives monetary proceeds from such casualty, destruction or condemnation, costs of repairs, restoration, replacements or other agreementwork occasioned by (A) fire, windstorm or other casualty (whether such destruction be total or partial) and (B) the exercise by governmental authorities of the right of eminent domain (whether such taking be total or partial);
5.7.17 Depreciation(17) Costs incurred in connection with the sale, amortization financing, refinancing, mortgaging, selling or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in change of ownership of the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10Building.
Appears in 1 contract
Samples: Deed of Lease (Proxicom Inc)
Exclusions from Operating Expenses. Notwithstanding (1) any costs of managing the terms property other than a management fee, and any management fees in excess of Section 5.6five percent (5%) of the gross rental income of the Property;
(2) wages, salaries, taxes, workers compensation insurance premiums or fringe benefits paid to employees of Landlord or affiliates of Landlord above the grade of asset manager or, where such employees at the grade of asset manager or below devote time to properties other than the Property, the term "portion not allocable to the Property;
(3) costs of repairs to the extent actually reimbursed by insurance, or resulting from eminent domain takings to the extent covered by the award;
(4) any costs which have been previously included in Taxes or Operating Expenses" shall not include Expenses (whether under the same or a different category);
(5) financing and refinancing costs in respect of any financing of the following:Property, including debt service, amortization, points and commissions in connection therewith;
5.7.1 Leasing commissions (6) rent or other charges payable under any ground or underlying lease;
(7) costs of repositioning, selling or syndicating Landlord’s interest in the Property;
(8) advertising and promotional expenditures, contributions or gifts;
(9) brokerage fees or commissions;
(10) legal fees incurred in lease connection with Landlord’s preparation, negotiation and enforcement of leases with other tenants; and any other professional fees for matters not relating to the normal administration and operation of the Property, or relating to matters which are excluded from Operating Expenses for the Property;
5.7.2 Depreciation(11) interest or penalties for any delinquent payments by Landlord unless and to the extent resulting from Tenant’s failure to pay, interestwhen and as due, Tenant’s Proportionate Share of the Taxes and Operating Expenses (in which case Tenant shall be responsible for 100% of such interest or penalties);
(12) the cost of making leasehold improvements and decorations to any leasable space to prepare the same for occupancy by a tenant thereof, or thereafter for the benefit of a particular tenant or tenants;
(13) services performed for or provided to any tenant to the extent such services are exclusive to such tenant;
(14) any expenditures on account of Landlord’s acquisition of air or similar development rights;
(15) the cost of capital improvements that do not constitute Ordinary Capital Improvements unless Tenant shall request or approve any such improvement;
(16) Landlord’s depreciation of the Building or other improvements or amortization on promissory notes secured by the Real Property of personal property or equipment;
(17) Interest, principal, points, fees, amortization and other costs associated with any debt and rent payable under any lease to which this Lease is subject, and all costs and expenses relating to debts secured by the Real Propertyassociated with any such debt or lease and any ground lease rent, irrespective of whether this Lease is subject or subordinate thereto;
5.7.3 The cost of initial Tenant Improvements (18) Rent for any office space occupied by Building management personnel to the extent the size or rental rate for of such office space exceeds the Interior Improvement Allowance, as defined size or fair market rental of office space occupied by management personnel of comparable “biotech” and/or “life science” commercial properties located in the Improvement Agreement attached as Exhibit H;greater Boston/Cambridge/Waltham area where the Building is located; and
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs (19) Costs associated with the operation of Landlord's the business of the entity which constitutes Landlord as the same are distinguished from costs of the operation of the Building, including accounting and legal matters, costs of defending any lawsuits with any mortgagee (except to as the extent such actions of Tenant may be in issue), costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction selling, syndicating, financing, mortgaging or hypothecating any of the Building and modification, alteration or repair of the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect Landlord’s interests in the PremisesBuilding, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, and costs or other disbursements incurred in connection with negotiations any disputes between Landlord and other tenants of the Building which arise from a lease default or disputes breach by such tenants.
(20) Costs associated with complying with any other occupant of Legal Requirement or Environmental Law in effect prior to the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions of any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10Lease Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Immunogen Inc)
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the term "(a) Operating Expenses" Expenses shall not include any of the following:
5.7.1 Leasing (1) Legal fees, space planners' fees, real estate brokers' leasing commissions or legal fees and advertising expenses incurred in lease preparationconnection with the original or future leasing of space in the Building;
5.7.2 Depreciation, interest(2) Costs and expenses of alterations or improvements of the Premises or the leasehold premises of other individual tenants in the Building;
(3) Costs of correcting defects in, or amortization on promissory notes secured by inadequacy of, the Real Property and all costs and expenses relating to debts secured by design or construction of the Real Property;
5.7.3 The cost Building or the materials used in the construction of initial Tenant Improvements the Building or the equipment or appurtenances thereto to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit Hcovered by warranties and recovered by Landlord;
5.7.4 The cost of capital improvements (4) Depreciation, interest and principal payments on mortgages and other financing costs, if any, other than as specified aboveamortization of and the interest factor attributable to permitted capital improvements;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, (5) Costs and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs expenses associated with the operation of Landlord's the business of the person or entity which constitutes Landlord as the same are distinguished from the costs of operation of the Building, including accounting and legal matters, costs of defending any lawsuits with any Mortgagee (except to the extent such the actions of Tenant or any other tenant may be in issue), costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction selling or financing any of Landlord`s interest in the Building and modification, alteration or repair of the Building due to defective construction or latent defectsoutside fees paid in connection with disputes with other tenants;
5.7.12 (6) Costs occasioned by and expenses directly resulting from the act, omission gross negligence or violation willful misconduct of law by Landlord or its managersAgents to the extent provable by Tenant:
(7) Real Estate Taxes;
(8) Ground lease rents;
(9) Costs incurred by Landlord for the repair of damage to the Building to the extent that Landlord is reimbursed by insurance or other third parties;
(10) Any cost representing an amount paid for first class services and/or materials to a related person, members, agents, employeesfirm, or contractorsentity to the extent such amount exceeds the amount that would be paid for such first class services and/or materials at the then existing market rates to an unrelated person, firm, or entity;
5.7.13 (11) Costs occasioned by fireincurred due to the late payment of taxes, acts of God, utility bills or other casualties amounts owing, so long as Landlord was obligated to make such payments and did not in good faith dispute the amount of such payments; and
(12) Costs or expenses incurred by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premisesfinancing, refinancing, pledging, selling, granting or otherwise transferring or encumbering ownership rights in the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions of any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10Land.
Appears in 1 contract
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the term "Operating Expenses" Expenses shall not include any include: (i) depreciation or amortization (except as provided above in Section 4.1); (ii) interest on and amortization of debts (except as provided above in Section 4.1); (iii) leasehold improvements made for new or existing tenants of the following:
5.7.1 Leasing commissions or legal fees incurred in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all costs and expenses relating to debts secured by the Real Property;
5.7.3 The cost of initial Tenant Improvements to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business Building; (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and iv) leasing costs;
5.7.11 Costs of construction of the Building and modification, alteration or repair of the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or and disbursements and other disbursements expenses (including advertising) incurred in connection with negotiations leasing, renovating, or disputes improving space for tenants or other occupants or prospective tenants or occupants of the Building; (v) refinancing costs; (vi) the cost of any work or services performed for any tenant(s) of the Building (including Tenant), whether at the expense of Landlord or such tenant(s), to the extent that such work or services is in excess of the work or services which Landlord, at its expense, is required to furnish to Tenant under this Lease with Tenant; (vii) the cost of any electricity or other utilities furnished to the Premises or any other occupant space in the Building leased to tenants in excess of the Real Property, if any, and costs arising from the electricity or other utilities to be provided by Landlord under this Lease with Tenant; (viii) damages recoverable by any tenant due to violation by Landlord of any of the terms and conditions of this Lease or any other lease relating to the Building; (ix) repairs occasioned by fire, windstorm or other agreement;
5.7.17 Depreciationcasualty, amortization to the extent such repairs are paid for by insurance proceeds; (x) capital repairs and replacements (except as provided above in Section 4.1); (xi) any ground lease rental; (xii) Landlord's general corporate overhead and general and administrative expenses (except for the management fee under Section 4.1); (xiii) any compensation paid to clerks, attendants or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses persons in commercial concessions operated by Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature parking garage of management the Building and/or all fees paid to any parking facility operator; (xiv) advertising and promotional expenditures, and costs of signs in or administrative fees on the Building identifying the owner of the Building or expenses, other tenants' signs (other than the Management Fee described Building directory); (xv) costs incurred in connection with upgrading the Building structure to comply with disability, life, fire and safety codes, ordinances, statutes, or other laws in effect prior to the Commencement Date, including, without limitation, the ADA; (xvi) tax penalties incurred as a result of Landlord's negligence, inability, or unwillingness to make payments and/or to file and tax or information returns when due; (xvii) costs arising from Landlord's charitable or political contributions; (xviii) costs arising from latent defects in the base, shell or core of the Building or improvements installed by Landlord or repair thereof; (xix) costs for sculpture, paintings or other objects of art; (xx) costs arising from claims or disputes in connection with potential or actual litigation or arbitration pertaining to Landlord and/or the Building and/or Land; (xxi) costs or expenses incurred by Landlord not directly related to the Land, the Building, and/or its operations including, without limitation, compensation paid to officers, executives, or partners of Landlord; (xxii) costs incurred for entertainment, dining, travel or gifts for any purpose; (xxiii) taxes, except for those set forth in Section 5.104.3; (xxiv) any cost or expenditure (or any portion thereof) for which Landlord is reimbursed other than through operating expense clauses in tenant leases, whether by insurance proceeds or otherwise; (xxv) costs incurred by Landlord for Landlord's Work; and (xxvi) any other expenses which in accordance with generally accepted accounting principles, consistently applied, would not normally be treated as Operating Expenses by comparable landlords of comparable buildings.
Appears in 1 contract
Samples: Lease Agreement (Webtrends Corp)
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the term "(a) Operating Expenses" Expenses shall not include any of the following:
5.7.1 Leasing commissions or legal fees (1) Legal fees, space planners' fees, real estate brokers' leasing commissions, advertising expenses and all other costs incurred in lease preparationconnection with the original or future leasing of space in the Building;
5.7.2 Depreciation, interest(2) Costs and expenses of alterations or improvements of the Premises or the leasehold premises of other individual tenants in the Building;
(3) Costs of correcting defects in, or amortization on promissory notes secured by inadequacy of, the Real Property and all costs and expenses relating to debts secured by design or construction of the Real Property;
5.7.3 The cost Building or the materials used in the construction of initial Tenant Improvements the Building or the equipment or appurtenances thereto to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit Hcovered by warranties and recovered by Landlord;
5.7.4 The cost of capital improvements (4) Depreciation, interest and principal payments on mortgages and other financing costs, if any including attorneys' fees, title insurance premiums, recording costs, or any other costs attributable to such activity, other than as specified aboveamortization of and the interest factor attributable to permitted capital improvements;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, (5) Costs and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs expenses associated with the operation of Landlord's the business of the person or entity which constitutes Landlord as the same are distinguished from the costs of operation of the Building, including accounting and legal matters, costs of defending any lawsuits with any Mortgagee (except to the extent such the actions of Tenant or any other tenant may be in issue) costs are otherwise expressly permitted as Operating Expenses hereunder)of selling or financing any of Landlord's interest in the Building and outside fees paid in connection with disputes with other tenants;
5.7.10 Advertising (6) Costs and leasing costsexpenses directly resulting from the gross negligence or willful misconduct of Landlord or its Agents to the extent provable by Tenant;
5.7.11 Costs (7) Real Estate Taxes;
(8) Landlord's income taxes;
(9) Landlord's costs of any service sold or provided to any tenant or occupant of the Building for which Landlord is reimbursed as an additional charge or rental over and above the base rent and escalations payable under the lease or occupancy agreement with that tenant or other occupant (including after-hours HVAC costs or over-standard electrical consumption costs incurred by other tenants or occupants or excess insurance costs arising from a tenant's specific use or equipment) and costs of services provided to some tenants, but not to Tenant;
(10) The initial cost of construction of the Building Building;
(11) Expenses for repairs or replacements to the extent such expenses are covered by and modification, alteration reimbursed to Landlord by virtue of warranties from contractors or suppliers;
(12) The cost of any item of service or repair to the extent covered by and reimbursed to Landlord under any warranty, guaranty or insurance policy maintained or held by Landlord;
(13) Any Operating Expenses which are payable by any tenant directly to the provider of the Building due to defective construction service or latent defects;
5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has is entitled to be and is reimbursed directly by a right of reimbursement from otherstenant, or by insurance proceeds;
5.7.15 Costs (14) Legal or accounting fees, costs and disbursements for negotiating leases or enforcing the lease obligations of other tenants in the Complex;
(15) Damage and repairs attributable to condemnation, fire or other casualty to the extent covered by insurance actually maintained or required under the provisions of this Lease to be maintained by Landlord and collected by Landlord;
(16) Interest, penalties or other costs arising out of Landlord's failure to make timely payments of its obligations, unless such failure is caused by Tenant's conduct;
(17) Repairs required to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (violations of Legal Requirements existing as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on of the Commencement Date;
5.7.16 Fees(18) Compensation of officers or executives of Landlord above the level of property manager;
(19) Costs to acquire sculpture, commissions, attorneys' fees, costs paintings or other disbursements incurred in connection with negotiations or disputes with any other occupant objects of the Real Property, if any, and costs act;
(20) Costs arising from the violation by Landlord presence of Hazardous Materials (as defined in Article 26) in, about or below the terms and conditions of any lease Building or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third personComplex; and
5.7.19 Costs (21) Reserves for repairs, maintenance and replacements. Landlord shall not collect more than one hundred percent (100%) of the Operating Expenses actually incurred by Landlord and shall not recover any items of cost more than once.
(b) All Operating Expenses shall be reduced by the amount of insurance or other reimbursement, recoupment, payment, discount or allowance received by Landlord. Landlord shall, at all times during the entire term and its options, operate, manage, maintain and repair the Building in a lawful, efficient and businesslike manner in accordance with sound property management practices consistent with comparable first class office buildings in the nature northern Virginia metropolitan area. Tenant shall only be liable for Operating Expenses which are attributable to term of management this Lease or administrative fees or expensessuch time as Tenant occupies the Premises, other than the Management Fee described in Section 5.10whichever is greater.
Appears in 1 contract
Exclusions from Operating Expenses. Notwithstanding anything to the terms of Section 5.6contrary contained in this Sublease, the term "Operating Expenses" in no event shall not include Subtenant have any obligation to perform, to pay directly, or to reimburse Sublandlord for, all or any portion of the following:
5.7.1 Leasing commissions or legal fees incurred in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all following costs and expenses relating to debts secured by (collectively, "Costs"): (i) the Real Property;
5.7.3 The cost of initial Tenant Improvements to any work performed (such as preparing a tenant's space for occupancy, for renovating an existing tenant's premises, including painting and decorating) or services provided (such as separately metered electricity) for any tenant (including Subtenant) at such tenant's cost or provided by Sublandlord without charge; (ii) the extent expenses and salaries of Sublandlord's officers, partners, agents and employees or any general corporate overhead and administrative expense of Sublandlord; (iii) the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs any items for which Sublandlord is actually reimbursed by insurance;
5.7.6 Insurance insurance proceeds, condemnation awards, or another tenant or occupant of another building located on the land; (iv) any advertising or promotional expenses; (v) any costs representing an amount paid to a related or affiliated person of Sublandlord which is in excess of commercially reasonable the amount which would have been paid in the absence of such relationship; (vi) any expenses for repairs or maintenance unless permitted under Paragraph 11(a) hereof or unless otherwise agreed to in writing by Subtenant or which are actually reimbursed through warranties or guaranties (excluding any mandatory deductibles); (vii) any electric power or other utility costs or expenses for comparable propertieswhich Subtenant directly contracts with the local public service company; (viii) any costs, co-insurance amountsincluding without limitation, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs attorneys' fees associated with the operation of Landlord's the business (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction of the Building entity which constitutes Sublandlord, including accounting and modificationlegal matters, alteration costs of selling, syndicating, financing, mortgaging or repair hypothecating any of Sublandlord's interest in the Premises or the Land or any part thereof, costs of any dispute between Sublandlord and its employees, disputes of Sublandlord with project management or personnel or outside fees paid in connection with disputes with other tenants; (ix) the cost of any work or services performed for any tenant (including Subtenant) at such tenant's cost; (x) any reserves of any kind, including without limitation, replacement reserves or reserves for bad debts or lost rent; (xi) depreciation of the Building due to defective construction Premises or latent defects;
5.7.12 Costs any improvements, buildings or structures on the Land; (xii) cost of repairs, replacements or other work occasioned by the act, omission or violation of law exercise by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise governmental authorities of the power right of eminent domain;
5.7.14 Costs for which Landlord has a right ; (xiii) the cost of reimbursement from others;
5.7.15 Costs to correct repairs arising out of the gross negligence or willful misconduct of Sublandlord or any construction defect of its agents, employees or contractors; (xiv) any management fees, costs, or expenses incurred by Sublandlord; (xv) costs of selling, syndicating, financing, mortgaging or hypothecating any of Lessor's interest in the PremisesPremises or any other buildings, structures or improvements on the Building or Land; and (xvi) costs incurred for the Real Property, or investigation and remediation of a Release of Hazardous Materials occurring prior to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions of any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10.
Appears in 1 contract
Exclusions from Operating Expenses. Notwithstanding anything to the terms contrary contained herein, for purposes of Section 5.6this Lease, the term "“Operating Expenses" ” shall not include the following: (i) costs (including permit, license, and inspection fees) incurred in renovating, improving, decorating, painting, or redecorating vacant space or space for other tenants within the Industrial Center; (ii) legal and auditing fees (other than those fees reasonably incurred in connection with the ownership and operation of all or any portion the Industrial Center); (iii) leasing commissions, advertising expenses, and other costs incurred in connection with the original leasing of the following:
5.7.1 Leasing commissions Industrial Center or legal fees incurred in lease preparation;
5.7.2 Depreciationfuture re-leasing of any portion of the Industrial Center; (iv) depreciation of the Building or any other improvements situated within the Industrial Center; (v) any items for which Landlord is actually and directly reimbursed by any other tenant of the Industrial Center; (vi) costs of repairs or other work necessitated by fire, interest, windstorm or amortization on promissory notes secured other casualty and/or costs of repair or other work necessitated by the Real Property and all costs and expenses relating to debts secured by exercise of the Real Property;
5.7.3 The cost right of initial Tenant Improvements eminent domain to the extent insurance proceeds or a condemnation award, as applicable, is actually received by Landlord for such purposes (provided that, for purposes of applying this item (vi), Landlord’s property insurance deductible, other than earthquake insurance, shall not exceed $100,000.00); provided, such costs of repairs or other work shall be paid by the parties in accordance with the provisions of Sections 7, 8 and 9 below; (vii) other than any interest charges as expressly provided for in this Lease, any interest or payments on any financing for any portion of the Interior Improvement AllowanceIndustrial Center, interest and penalties incurred as defined in the Improvement Agreement attached a result of Landlord’s late payment of any invoice (provided that Tenant pays Tenant’s Share of expenses to Landlord when due as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amountsset forth herein), and deductibles in excess of $10,000;
5.7.7 Bad any bad debt or rent loss;
5.7.8 Reserves for loss, interestrent loss or reserves for same; (viii) any payments under a ground lease or master lease; (ix) costs, penalties or penalties resulting fines arising from Landlord's negligence;
5.7.9 All costs associated with the operation ’s violation of any Applicable Requirement or Landlord's business (’s gross negligence or willful misconduct except to the extent such costs are otherwise expressly permitted reflect costs that would have been reasonably incurred by Landlord absent such violation; (x) the cost of complying with any Applicable Requirement with which the Industrial Center was required to comply as of the Commencement Date but did not comply; (xi) the cost of any hazardous substance abatement, removal, or other remedial activities, provided, however, Operating Expenses hereunder);
5.7.10 Advertising may include the costs attributable to those abatement, removal, or other remedial activities taken by Landlord in connection with the ordinary operation and leasing costs;
5.7.11 Costs of construction maintenance of the Building Industrial Center, including costs of cleaning up any minor chemical spills, when such removal or spill is directly related to such ordinary maintenance and modificationoperation; or (xii) the cost of sculpture, alteration paintings, or repair other objects of art (and insurance thereon or extraordinary security in connection therewith) that are not customary for a project such as the Industrial Center; (xiii) wages, salaries, benefits or other similar compensation paid to executive employees of Landlord or Landlord’s agents above the rank of project manager or the cost of labor and employees with respect to personnel not located at the Project on a full-time basis unless such costs are appropriately allocated between the Project and the other responsibilities of such personnel. Further, notwithstanding anything to the contrary in this Paragraph 4.2, in the event of damage to the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by the actearthquake, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions no event shall Tenant’s Share of any lease earthquake deductible (or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature Tenant’s share of management or administrative fees or expenses, other than the Management Fee described in Section 5.10earthquake repairs that are not insured) on account of such earthquake exceed Sixty Thousand Dollars ($60,000.00).
Appears in 1 contract
Exclusions from Operating Expenses. Notwithstanding anything to the terms of Section 5.6contrary contained in this Sublease, the term "Operating Expenses" in no event shall not include Subtenant have any obligation to perform, to pay directly, or to reimburse Sublandlord for, all or any portion of the following:
5.7.1 Leasing commissions or legal fees incurred in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all following costs and expenses relating to debts secured by (collectively, "Costs"): (i) the Real Property;
5.7.3 The cost of initial Tenant Improvements to any work performed (such as preparing a tenant's space for occupancy, for renovating an existing tenant's premises, including painting and decorating) or services provided (such as separately metered electricity) for any tenant (including Subtenant) at such tenant's cost or provided by Sublandlord without charge; (ii) the extent expenses and salaries of Sublandlord's officers, partners, agents and employees or any general corporate overhead and administrative expense of Sublandlord; (iii) the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs any items for which Sublandlord is actually reimbursed by insurance;
5.7.6 Insurance insurance proceeds, condemnation awards, or another tenant or occupant of another building located on the Land; (iv) any advertising or promotional expenses; (v) any costs representing an amount paid to a related or affiliated person of Sublandlord which is in excess of commercially reasonable the amount which would have been paid in the absence of such relationship; (vi) any expenses for repairs or maintenance unless permitted under Paragraph 11(a) hereof or unless otherwise agreed to in writing by Subtenant or which are actually reimbursed through warranties or guaranties (excluding any mandatory deductibles); (vii) any electric power or other utility costs or expenses for comparable propertieswhich Subtenant directly contracts with the local public service company; (viii) any costs, co-insurance amountsincluding without limitation, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs attorneys' fees associated with the operation of Landlord's the business (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction of the Building entity which constitutes Sublandlord, including accounting and modificationlegal matters, alteration costs of selling, syndicating, financing, mortgaging or repair hypothecating any of Sublandlord's interest in the Premises or the Land or any part thereof, costs of any dispute between Sublandlord and its employees, disputes of Sublandlord with project management or personnel or outside fees paid in connection with disputes with other tenants; (ix) the cost of any work or services performed for any tenant (including Subtenant) at such tenant's cost; (x) any reserves of any kind, including without limitation, replacement reserves or reserves for bad debts or lost rent; (xi) depreciation of the Building due to defective construction Premises or latent defects;
5.7.12 Costs any improvements, buildings or structures on the Land; (xii) cost of repairs, replacements or other work occasioned by the act, omission or violation of law exercise by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise governmental authorities of the power right of eminent domain;
5.7.14 Costs for which Landlord has a right ; (xiii) the cost of reimbursement from others;
5.7.15 Costs to correct repairs arising out of the gross negligence or willful misconduct of Sublandlord or any construction defect of its agents, employees or contractors; (xiv) any management fees, costs, or expenses incurred by Sublandlord; (xv) costs of selling, syndicating, financing, mortgaging or hypothecating any of Lessor's interest in the PremisesPremises or any other buildings, structures or improvements on the Building or Land; and (xvi) costs incurred for the Real Property, or investigation and remediation of a Release of Hazardous Materials occurring prior to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions of any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Veritas Software Corp /De/)
Exclusions from Operating Expenses. Notwithstanding the generality of the foregoing provisions, the following items shall be excluded from Operating Expenses: (a) leasing commissions, fees and costs, advertising and promotional expenses and other costs incurred in procuring tenants or in selling the Project or Office Component; (b) legal fees or other expenses incurred in connection with enforcing leases with tenants; (c) costs of renovating or otherwise improving or decorating space for any tenant or other occupant, including Tenant, or relocating any tenant; (d) financing costs, including interest and principal amortization of debts, and the costs of providing the same; (e) depreciation; (f) rental on ground leases or other underlying leases and the costs of providing the same; (g) wages, bonuses and other compensation of employees above the grade of general manager or the equivalent, and fringe benefits other than insurance plans and tax qualified benefit plans; (h) any liabilities, costs or expenses associated with or incurred in connection with the removal, enclosure, encapsulation or other handling of Hazardous Substances, ACM, Contaminated Sand, or Lead Coatings and the cost of defending against claims in regard to the existence or release of Hazardous Substances; (i) costs of any items for which Landlord is or is entitled to be paid or reimbursed by insurance; (j) charges for electricity, water, or other utilities, services or goods and applicable taxes for which Tenant or any other tenant, occupant, person or other party is obligated to reimburse Landlord or to pay to third parties; (k) costs of any HVAC, janitorial or other services provided to tenants on an extra cost basis after regular business hours; (l) costs of installing, operating and maintaining any specialty service, such as an observatory, broadcasting facilities, child or daycare, unless Landlord is required by the terms of Section 5.6this Lease to make such service available to Tenant and its employees at no additional charge to Tenant; (m) costs of correcting defects in the design, construction or equipment of, or latent defects in, the term "Operating Expenses" Project; (n) costs of any work or service performed on an extra cost basis for any tenant; (o) cost of any work or services exclusively performed for the benefit of any facility other than the Office Components or Common Areas; (p) any cost representing an amount paid to a person firm, corporation or other entity related to Landlord that is in excess of the amount which would have been paid in the absence of such relationship; (q) any cost of painting or decorating any interior parts of the Project other than Common Areas; (r) cost of initial cleaning and rubbish removal from the Project to be performed before final completion of the Project or tenant space; (s) cost of initial construction or landscaping of the Project; (t) except for Permitted Capital Expenditures, the cost of any item that, under generally accepted accounting principles, are properly classified as capital in nature; (u) late fees or charges incurred by Landlord due to late payment of expenses, except to the extent attributable to Tenant's actions or inactions; (v) cost of acquiring, securing, cleaning or maintaining sculptures, paintings and other works of art; (w) Taxes or any amounts specifically excluded from Taxes; (x) charitable or political contributions; (y) all other costs to the extent Landlord is compensated or paid by another party so that Landlord shall not include recover any cost more than once; (z) any cost associated with operating as an on- or off-site management office for the Project, except to the extent included in the management fee permitted hereby; (aa) Landlord's general overhead and any other expenses not directly attributable to the operation and management of the following:
5.7.1 Leasing commissions Office Component (e.g. the activities of Landlord's officers and executives or legal fees incurred professional development expenditures), except to the extent included in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all management fee permitted hereby; (bb) costs and expenses relating to debts secured by the Real Property;
5.7.3 The cost incurred in connection with compliance with or contesting or settlement of initial Tenant Improvements any claimed violation of Legal Requirements, except to the extent attributable to Tenant's actions or inactions; (cc) costs related to compliance with Legal Requirements in connection with those parts of the Interior Improvement AllowanceProject that Landlord is responsible for maintaining and repairing, except to the extent attributable to Tenant's actions or inactions and Permitted Capital Expenditures; (dd) costs of complying with the Americans With Disabilities Act, whether such costs are classified as defined in capital items or expenses under generally accepted accounting principles, except to the Improvement Agreement attached extent attributable to Tenant's actions or inactions and Permitted Capital Expenditures; (ee) costs of mitigation or impact fees or subsidies (however characterized), imposed or incurred prior to the date of the Lease or imposed or incurred solely as Exhibit H;
5.7.4 The cost a result of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs another tenant's or tenants' use of the Project or their respective premises; (ff) management fees in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and the rate of three percent (3%) of gross revenues of the Office Component per year; (gg) deductibles in excess of $10,000;
5.7.7 Bad debt Reasonable Deductibles or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from co-insurance under any insurance policies carried by Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business ; and (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction of the Building and modification, alteration or repair of the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3hh) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions reserves of any lease kind or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10nature.
Appears in 1 contract
Exclusions from Operating Expenses. Notwithstanding anything to the terms of Section 5.6contrary contained in this Lease, Operating Expenses shall exclude or have deducted from them, as the case may be, the term "Operating Expenses" shall not include any of items set forth in Schedule 7(b) attached hereto, and the followingfollowing additional items:
5.7.1 Leasing commissions or legal fees incurred in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all costs and expenses relating to debts secured by the Real Property;
5.7.3 The cost of initial Tenant Improvements (i) to the extent that Lxxxxxxx is actually reimbursed by a third party, by insurance proceeds, or by another tenant as a payment apart from any Operating Expenses, then the amount of the Interior Improvement Allowance, as defined such reimbursement to which Lxxxxxxx is entitled;
(ii) costs of selling or syndicating interests in the Improvement Agreement attached as Exhibit HBuilding, and interest and costs on any indebtedness for financing or refinancing and other financing expenses, and bad debt loss, rent loss and any reserves thereof;
5.7.4 The (iii) ground lease rental;
(iv) expenses in connection with services or other benefits which are not offered to Tenant;
(v) charitable or political contributions;
(vi) expenses incurred for leasing or procuring other tenants, including promotional and advertising expenses, leasing commissions, rental concessions, costs of relocations and lease buy-outs, salaries of leasing personnel (appropriately allocated as to personnel performing multiple duties), the cost of capital tenant improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction of the Building and modification, alteration or repair of the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements professional fees incurred in connection with negotiations or disputes with any other occupant of the Real Propertyleasing, if anylease assignments and subleasing;
(vii) costs, and costs arising from the violation by including attorneys’ fees related to claims against Landlord of the terms and conditions of any lease or other agreementoccupants or tenants;
5.7.17 Depreciation(viii) income, amortization inheritance, capital stock, franchise or other expense reservesestate taxes and the cost, including professional fees, of preparing statements thereof and returns therefor;
5.7.18 Costs and expenses for which Tenant reimburses (ix) fines, costs, late charges, liquidated damages, tax penalties or related interest charges imposed on Landlord directly or which Tenant pays directly to a third personLxxxxxxx’s management company; and
5.7.19 Costs in (x) costs incurred by Landlord for the nature repair of management or administrative fees or expensesdamage to the Building, other than to the Management Fee described in Section 5.10extent that Landlord is reimbursed by insurance proceeds.
Appears in 1 contract
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.67.2, the term "Operating Expenses" Expenses shall not include any of the following:
5.7.1 Leasing commissions : (i) depreciation or legal fees incurred in lease preparation;
5.7.2 Depreciationexpenses for capital improvements made to the Land or Corporate Park, interestother than Permitted Capital Improvements; (ii) costs of repairs, restoration, replacements or amortization on promissory notes secured other work occasioned by either (a) fire, windstorm or other casualty coverable by the Real Property and all costs and expenses relating property insurance required to debts secured be maintained by the Real Property;
5.7.3 The cost of initial Tenant Improvements Landlord under Section 17.6, (whether such destruction be total or partial), provided, however, that up to the extent Ten Thousand Dollars ($10,000.00) of the Interior Improvement Allowance, as defined costs of such repairs and restoration may be included in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business (except Operating Expenses 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, of (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 of the Building; (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, materialmen'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 Operating Expenses); (viii) income, excess profits, franchise taxes or other such taxes imposed on or measured by the income of Landlord from the operation of the Building (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 fees and other costs (including charges for prepayment of any indebtedness) incurred in connection with any mortgaging, financing, refinancing, sale, or change of ownership or entering into, extending, or modifying any financing, declaration of covenants, ground lease or other lease; (xi) the costs of services or items provided by Landlord's affiliates to the extent that such costs exceed reasonable and customary charges for such services or items in the Washington, D.C. metropolitan area (the "Market Area"); (xii) acquisition or leasing costs of sculpture, paintings or other objects of art; (xiii) accounting fees, other than those incurred in connection with the preparation of statements required pursuant to the provisions of this Lease; (xiv) costs and expenses (including court costs, attorneys' fees and disbursements) related to or in connection with disputes with any holder of a mortgage or by or among any persons having an interest in Landlord or the Corporate Park or any part thereof; (xv) consulting costs and expenses paid by Landlord, except those involving maintenance, repair, or improvement of the Common Area or Building; (xvi) any cost incurred in connection with the investigation or remediation of any Hazardous Material (as defined in Section 26.1) located in, on, under or about the Corporate Park as of the Date of Lease or any Hazardous Material stored, used or released by Landlord, its employees, agents, licensees, or tenants after the Date of Lease, and any cost incurred in connection with any government investigation, order, proceeding or report with respect thereto (unless such substances were introduced in the Building or Corporate Park by Tenant, its invitees or guests); (xvii) costs or fees incurred in connection with a sale, lease or transfer (including testamentary transfers) of all or any part of the Corporate Park or any interest therein, or of any interest in Landlord, or in any person comprising, directly or indirectly, Landlord or in any person having an equity interest, directly or indirectly in Landlord; (xviii) the cost of any utilities consumed in Building I or the cost of any "tap fees" or one-time lump sum sewer or water connection fees for the Corporate Park payable in connection with the initial construction of the Corporate Park; (xix) any costs, fines or penalties incurred as a result of a violation by Landlord of any legal requirements which Landlord is required to comply with under the terms of this Lease; (xx) all costs and expenses (including services and utilities) paid directly by Tenant to the party (other than Landlord) from whom Tenant ordered such services; (xxi) costs for repairing, replacing or otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising correcting defects (but not the costs of repair or normal wear and leasing costs;
5.7.11 Costs of tear) in the initial construction of the Building or Building I; (xxii) Insurance Premiums or any premiums for insurance excluded from Insurance Premiums, Real Estate Taxes or any taxes excluded from Real Estate Taxes (Insurance Premiums and modification, alteration or repair Real Estate Taxes being separately addressed elsewhere in this Lease); (xxiii) costs of initial construction of the Building due or Building I or any of the Common Areas; (xxiii) costs and expenses incurred by Landlord associated with the operation of the legal entity or entities which constitute Landlord (as opposed to defective construction or latent defects;
5.7.12 Costs occasioned by costs and expenses associated with the act, omission or violation operation of law by the Corporate Park); (xxiv) rent for any on-site offices of Landlord or its managers, members, agents, employees, managing agent; (xxv) charitable or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws political contributions; (as hereinafter defined in Section 53.3xxvi) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred intentionally omitted; (xxvii) intentionally omitted; and (xxviii) advertising and promotional expenditures in connection with negotiations or disputes with leasing any space in the Corporate Park. There shall not be duplication in charges to Tenant by reason of the provisions setting forth Tenant's obligation to reimburse Landlord for Operating Expenses and any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions of any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs provision in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10this Lease.
Appears in 1 contract
Samples: Lease Agreement (Gene Logic Inc)
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the The term "Operating Expenses" shall not include any of the following:
5.7.1 (i) Leasing commissions or legal fees incurred in lease preparation;
5.7.2 Depreciation, interest, or amortization on promissory notes secured by the Real Property and all costs and expenses relating to debts secured by the Real Property;
5.7.3 The cost of initial Tenant Improvements to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business (except to the extent such costs are otherwise expressly permitted as Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction of the Building and modification, alteration or repair of the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or costs, disbursements, and other disbursements expenses incurred in connection with negotiations or disputes with tenants, or in connection with leasing, renovating, or improving space for tenants; (ii) the cost of any service sold to Tenant for which Landlord is reimbursed as an additional charge or rental over and above the basic rent and escalations payable under this Lease; (iii) any depreciation on the Premises; (iv) increases in costs incurred due to Landlord's default of any terms or conditions of this Lease (beyond applicable notice and cure periods); (v) overhead profit increments paid to Landlord's subsidiaries or affiliates for management or other occupant services on or to the building or for supplies or other materials to the extent that the cost of the Real Propertyservices, if anysupplies, or materials exceeds the cost that would have been paid had the services, supplies or materials been provided by unaffiliated unionized parties on a competitive basis; (vi) all interest, loan fees, and other carrying costs arising from related to any mortgage or deed of trust and all rental and other amounts payable due under any ground or underlying lease; (vii) any compensation paid to clerks, attendants, or other persons in commercial concessions operated by Landlord on the violation Premises; (viii) advertising and promotional expenditures; (ix) costs of repairs and other work occasioned by fire, windstorm, or other casualty to the extent insured by Landlord; provided, however, reasonable deductibles under any such policy may be included in Operating Expenses; (x) any fines, or penalties incurred due to violations by Landlord of any governmental rule or authority, which is not the terms and conditions responsibility of any lease Tenant under the Lease, or costs due to Landlord's gross negligence or willful misconduct; (xi) management costs to the extent they exceed 5% of Base Rent plus other Operating Expenses; (xii) costs for sculpture, paintings, or other agreement;
5.7.17 Depreciationobjects of art (nor insurance paid thereon or extraordinary security in connection therewith); (xiii) wages, amortization salaries, or other expense reserves;
5.7.18 Costs compensation paid to any executive employes above the grade of building manager; (ix) the cost of correcting any building code or other violations which were violations prior to the Commencement Date, provided that a condition which was not constructed in compliance with laws at the time of construction shall be deemed to be in compliance with applicable law notwithstanding that such law has thereafter been changed or amended; and expenses for which Tenant reimburses Landlord directly (x) costs incurred to contain, remove or which Tenant pays directly to a third person; and
5.7.19 Costs in remediate any contamination of the nature of management or administrative fees or expenses, other than ground water under the Management Fee described in Section 5.10Premises by Hazardous Substances.
Appears in 1 contract
Exclusions from Operating Expenses. Notwithstanding the terms of Section 5.6, the term "Operating Expenses" expenses shall not include include: (i) depreciation or amortization (except as provided above in Section 5.1); (ii) interest on and amortization of debts including application fees and other costs associated with financing or re-financing (except as provided above in Section 5.1); (iii) Tenant improvements made for any tenants of the Building including those for Landlord or its tenants; (iv) leasing commissions, attorneys' fees, costs and disbursements and other expenses incurred in connection with leasing, renovating, or improving space for tenants or prospective tenants (v) costs associated with the collection of rent under any such lease or defense of Landlord's title to or interests in the Project; (vi) refinancing costs; (vii) the cost of any work or services performed for any occupants of any leased space in the Building (including Tenant), whether at the expense of Landlord or such occupants, to the extent that such work or services is in excess of the work or services which Landlord makes available to tenants generally or is required to furnish to Tenant under this Lease; (viii) damages recoverable by any occupant due to violation by Landlord of any of the following:
5.7.1 Leasing commissions terms and conditions of this Lease or legal fees any other lease relating to the Building; (ix) capital repairs and replacements (except as provided above in Section 5.1); (x) advertising and promotional expenses; (xi) repairs and other work occasioned by fire or other casualty to the extent Landlord is actually reimbursed or entitled to reimbursements by insurance proceeds; (xii) fines or penalties incurred in lease preparation;
5.7.2 Depreciationdue to violations by Landlord of governmental laws, interestregulations, or amortization on promissory notes secured by orders and the Real Property like; (xiii) expenses for vacant rentable space within the Building, including the cost of utilities, security and renovation; (xiv) all overhead, costs and expenses relating to debts secured by the Real Property;
5.7.3 The cost of initial Tenant Improvements to the extent of the Interior Improvement Allowance, as defined in the Improvement Agreement attached as Exhibit H;
5.7.4 The cost of capital improvements other than as specified above;
5.7.5 The costs reimbursed by insurance;
5.7.6 Insurance costs in excess of commercially reasonable costs for comparable properties, co-insurance amounts, and deductibles in excess of $10,000;
5.7.7 Bad debt or rent loss;
5.7.8 Reserves for loss, interest, or penalties resulting from Landlord's negligence;
5.7.9 All costs associated with the operation of Landlord's business (except business, as distinguished from costs and expenses associated with the operation of the Project such as, without limitation, corporate accounting and legal fees, fidelity and office liability insurance premiums, cost and expense of defending or prosecuting litigation not related to the extent such Project, costs are otherwise expressly permitted and expense of selling, syndicating, financing or mortgaging Landlord's interest in the Project, and cost and expense of collection of rent from other tenants; (xv) any expense associated with the Landlord's latent defect warranty set forth in Section 4.3; and (xvi) any items of expense as to which the Landlord is reimbursed by means other than Operating Expenses hereunder);
5.7.10 Advertising and leasing costs;
5.7.11 Costs of construction Expense payments by tenants of the Building and modification, alteration such as through insurance proceeds or repair of litigation against the Building due to defective construction or latent defects;
5.7.12 Costs occasioned by party who wrongfully caused the act, omission or violation of law by Landlord or its managers, members, agents, employees, or contractors;
5.7.13 Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain;
5.7.14 Costs for which Landlord has a right of reimbursement from others;
5.7.15 Costs to correct any construction defect in the Premises, the Building or the Real Property, or to comply with any CC&R's, underwriter's requirement, or Laws (as hereinafter defined in Section 53.3) applicable to the Premises, the Building or the Real Property on the Commencement Date;
5.7.16 Fees, commissions, attorneys' fees, costs or other disbursements incurred in connection with negotiations or disputes with any other occupant of the Real Property, if any, and costs arising from the violation by Landlord of the terms and conditions of any lease or other agreement;
5.7.17 Depreciation, amortization or other expense reserves;
5.7.18 Costs and expenses for which Tenant reimburses Landlord directly or which Tenant pays directly to a third person; and
5.7.19 Costs in the nature of management or administrative fees or expenses, other than the Management Fee described in Section 5.10expense.
Appears in 1 contract
Samples: Lease Agreement (Planar Systems Inc)
