Common use of Exclusions from Operating Expenses Clause in Contracts

Exclusions from Operating Expenses. Notwithstanding the foregoing, the term "Operating Expenses" shall not include (1) Real Estate Taxes, (ii) depreciation on the Premises, (iii) capital improvements (except 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 (except as provided in clause (xiii) above), (vi) voluntary exterior window replacements, (vii) principal and interest payments on loans and ground lease payments and other similar finance charges, (viii) repairs or other work occasioned by the exercise of the power of eminent domain, (ix) costs incurred due to Landlord's violation of the terms and conditions of this Lease or of any 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 work occasioned by a Casualty Loss (as that term is defined in Section 11.1 hereof), (xii) Landlord's general overhead and/or administrative expenses, (xiii) except as otherwise expressly provided in this Lease, any cost or other expense incurred with respect to the investigation, removal, remediation, containment, clean-up, or other response associated with or pertaining to the actual or alleged presence of Hazardous Materials at, on, beneath, or in the vicinity of the Premises or to the actual or threatened release of Hazardous Materials at, on, beneath, or in the vicinity of the Premises, (xiv) any costs paid to any affiliate of Landlord which is in excess 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.

Exclusions from Operating Expenses. Notwithstanding anything to the foregoingcontrary contained herein, for purposes of this Lease, the term "“Operating Expenses" ” shall not include the following: (1i) Real Estate Taxescosts (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) depreciation on legal and auditing fees (other than those fees reasonably incurred in connection with the Premises, ownership and operation of all or any portion the Industrial Center); (iii) capital improvements (except as provided leasing commissions, advertising expenses, and other costs incurred in clause (x) above), connection with the original leasing of the Industrial Center or future re-leasing of any portion of the Industrial Center; (iv) real estate brokers' commissions, executive salaries (exclusive depreciation of fees paid for management activities), the Building or any other improvements situated within the Industrial Center; (v) attorneys' fees any items for which Landlord is actually and court costs (except as provided in clause (xiii) above), directly reimbursed by any other tenant of the Industrial Center; (vi) voluntary exterior window replacements, (vii) principal and interest payments on loans and ground lease payments and other similar finance charges, (viii) costs of repairs or other work occasioned necessitated by fire, windstorm or other casualty and/or costs of repair or other work necessitated by the exercise of the power right of eminent domaindomain to the extent insurance proceeds or a condemnation award, as applicable, is actually received by Landlord for such purposes (ix) 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 incurred due to Landlord's violation of the terms and conditions of this Lease or of any 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 work occasioned shall be paid by a Casualty Loss the parties in accordance with the provisions of Sections 7, 8 and 9 below; (vii) other than any interest charges as that term is defined in Section 11.1 hereof), (xii) Landlord's general overhead and/or administrative expenses, (xiii) except as otherwise expressly provided for in this Lease, any interest or payments on any financing for any portion of the Industrial Center, interest and penalties incurred as a result of Landlord’s late payment of any invoice (provided that Tenant pays Tenant’s Share of expenses to Landlord when due as set forth herein), and any bad debt loss, rent loss or reserves for same; (viii) any payments under a ground lease or master lease; (ix) costs, penalties or fines arising from Landlord’s violation of any Applicable Requirement or Landlord’s gross negligence or willful misconduct except to the extent such costs 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 expense incurred remedial activities, provided, however, Operating Expenses may include the costs attributable to those abatement, removal, or other remedial activities taken by Landlord in connection with the ordinary operation and maintenance of the Industrial Center, including costs of cleaning up any minor chemical spills, when such removal or spill is directly related to such ordinary maintenance and operation; or (xii) the cost of sculpture, paintings, or 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 investigationProject on a full-time basis unless such costs are appropriately allocated between the Project and the other responsibilities of such personnel. Further, removal, remediation, containment, clean-up, or other response associated with or pertaining notwithstanding anything to the actual or alleged presence of Hazardous Materials atcontrary in this Paragraph 4.2, on, beneath, or in the vicinity event of the Premises or damage to the actual Building due to earthquake, in no event shall Tenant’s Share of any earthquake deductible (or threatened release Tenant’s share of Hazardous Materials at, on, beneath, or in the vicinity earthquake repairs that are not insured) on account of the Premises, such earthquake exceed Sixty Thousand Dollars (xiv) any costs paid to any affiliate of Landlord which is in excess 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$60,000.00).

Exclusions from Operating Expenses. Notwithstanding the foregoingOperating Expenses shall, the term "Operating Expenses" shall not include however, exclude: (1i) Real Estate Taxesinterest and amortization on mortgages and other debt costs or ground lease payments, if any; (ii) depreciation on the Premises, of buildings and other improvements (except permitted amortization of certain capital expenditures); (iii) capital improvements (except as provided legal fees in clause (x) above)connection with leasing, tenant disputes or enforcement of leases; (iv) real estate brokers' commissions, executive salaries (exclusive of fees paid for management activities), ’ commissions or marketing costs; (v) attorneys' fees and court costs (except as provided in clause (xiii) above), improvements or alterations to tenant spaces not required by law or Landlord’s insurer; (vi) voluntary exterior window replacementsthe cost of providing any service directly to, and paid directly by, any tenant; (vii) principal costs of any items to the extent Landlord receives reimbursement from insurance proceeds or from a warranty or other such third party (such proceeds to be deducted from Operating Expenses in the year in which received); and interest payments on loans and ground lease payments and other similar finance charges, (viii) repairs capital expenditures, except those (a) made primarily to reduce Operating Expenses or other work occasioned by increases therein, or to comply with laws or insurance requirements (excluding capital expenditures to cure violations of laws or insurance requirements that existed prior to the exercise of the power of eminent domain, (ix) costs incurred due to Landlord's violation of the terms and conditions date of this Lease Lease), or of (b) for replacements (as opposed to additions or new improvements); provided, any law, statute, ordinance, such permitted capital expenditure shall be amortized (with interest at the prevailing loan rate available to Landlord when the cost was incurred) over: (x) expenses for the period during which Landlord is fully compensated or reimbursed by insurance or by any other partythe reasonable estimated savings in Operating Expenses equals the expenditure, (xi) cost of repairs or other work occasioned by a Casualty Loss (as that term is defined in Section 11.1 hereof), (xii) Landlord's general overhead and/or administrative expenses, (xiii) except as otherwise expressly provided in this Lease, any cost or other expense incurred with respect to the investigation, removal, remediation, containment, clean-upif applicable, or other response associated with or pertaining to (y) the actual or alleged presence of Hazardous Materials at, on, beneath, or in the vicinity useful life of the Premises or to the actual or threatened release of Hazardous Materials at, on, beneath, or in the vicinity of the Premises, (xiv) any costs paid to any affiliate of Landlord which is in excess of the amount which would be paid absent such relationship, and (xv) costs incurred in connection with any financing or refinancing of the Premises item as reasonably determined by Landlord, but in no event less than five (5) years nor more than ten (10) years.

Exclusions from Operating Expenses. Notwithstanding the foregoing, the term "Operating Expenses" shall not include (1i) Real Estate Taxes, (ii) depreciation on the Premises, (iii) capital improvements (except 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 (except as provided in clause (xiii) above), (vi) voluntary exterior window replacements, (vii) principal and interest payments on loans and ground lease payments and other similar finance charges, (viii) repairs or other work occasioned by the exercise of the power of eminent domain, (ix) costs incurred due to Landlord's violation of the terms and conditions of this Lease or of any 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 work occasioned by a Casualty Loss (as that term is defined in Section 11.1 hereof), (xii) Landlord's general overhead and/or administrative expenses, (xiii) except as otherwise expressly provided in this Lease, any cost or other expense incurred with respect to the investigation, removal, remediation, containment, clean-up, or other response associated with or pertaining to the actual or alleged presence of Hazardous Materials at, on, beneath, or in the vicinity of the Premises or to the actual or threatened release of Hazardous Materials at, on, beneath, or in the vicinity of the Premises, (xiv) any costs paid to any affiliate of Landlord which is in excess 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.

Exclusions from Operating Expenses. Notwithstanding any provision in Section 7.7 to the foregoingcontrary, the term "Landlord's Operating Expenses" Expenses shall not include include: (1a) Real Estate Taxesbrokerage fees and/or commissions, advertising expenses and expenses for leasing and renovating rentable space for tenants; (b) water, sewer, gas and electricity charges separately paid or reimbursed to Landlord by any tenant of the Building, including charges attributable to HVAC operation for Tenant or other tenants of the Property outside of normal business hours; (c) compensation and benefits payable to employees to the extent not directly attributable to the Property, (iid) depreciation on expenses for painting, redecorating or other work which Landlord, at its sole expense is required to perform exclusively for Tenant or for any other tenant in leased areas of the Premises, Building; (iiie) off-site improvements to the extent unrelated to operation of the Property; (f) capital expenses attributable to the expansion of the rentable area of the Building and the Property; (g) any capital improvements to the extent not amortized over the useful life of the improvement in accordance with this Section 7.8 above; (except as provided in clause (xh) above), (iv) real estate brokers' commissions, executive salaries (exclusive of fees paid expenses for management activities), (v) attorneys' fees and court costs (except as provided in clause (xiii) above), (vi) voluntary exterior window replacements, (vii) principal and interest payments on loans and ground lease payments and other similar finance charges, (viii) repairs or other work occasioned by fire, windstorm or other insured casualty to the exercise extent of the power of eminent domain, insurance proceeds received by Landlord therefor; (ixi) costs incurred due to Landlord's violation of legal expenses in negotiating and enforcing the terms and conditions of this Lease or of any lawtenant lease; U) interest and amortization payments on any mortgage or mortgages, statute, ordinance, and rental under any ground or underlying lease or leases; (xk) expenses for which Landlord is fully compensated or reimbursed restoration of the Building required as a result of a condemnation to the extent of the award received by insurance or by any other party, Landlord; (xiI) the cost of repairs or other work occasioned special services separately paid by a Casualty Loss (as that term is defined in Section 11.1 hereof), (xii) Landlord's general overhead and/or administrative expenses, (xiii) except as otherwise expressly provided in this Lease, any cost or other expense incurred with respect to the investigation, removal, remediation, containment, clean-up, or other response associated with or pertaining to the actual or alleged presence of Hazardous Materials at, on, beneath, or particular tenants in the vicinity of the Premises or to the actual or threatened release of Hazardous Materials at, on, beneath, or in the vicinity of the Premises, (xiv) any costs paid to any affiliate of Landlord which is in excess 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 LandlordBuilding.