Exclusions to Operating Expenses. Notwithstanding the provisions of Section 4.2.7.1 above, for purposes of this Lease, Operating Expenses shall not, however, include:
(i) costs, including marketing costs, legal fees, space planners' fees, advertising and promotional expenses, and brokerage fees incurred in connection with the original construction or development, or original or future leasing of the Project, and costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements made for new tenants initially occupying space in the Project after the Lease Commencement Date or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Project (excluding, however, such costs relating to any Common Areas or parking facilities);
(ii) except as set forth in Sections 4.2.7.1 (xi), (xii), and (xiii) above, depreciation, interest and principal payments on mortgages and other debt costs, if any, penalties and interest, costs of capital repairs and alterations, and costs of capital improvements and equipment;
(iii) costs for which the Landlord is reimbursed by any tenant or occupant of the Project or by insurance by its carrier or any tenant's carrier or by anyone else, and electric power costs for which any tenant directly contracts with the local public service company;
(iv) any bad debt loss, rent loss, or reserves for bad debts or rent loss;
(v) costs associated with the operation of the business of the partnership or entity which constitutes the Landlord, as the same arc distinguished from the costs of operation of the Project (which shall specifically include, but not be limited to, accounting costs associated with the operation of the Project). Costs associated with the operation of the business of the partnership or entity which constitutes the Landlord include costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of the Tenant may be in issue), costs of selling, syndicating, financing, mortgaging or hypothecating any of the Landlord's interest in the Project, and costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Project management, or between Landlord and other tenants or occupants, and Landlord's general corporate overhead and general and administrative expenses;
(vi) the wages and benefits of any employee who does not devote substantially a...
Exclusions to Operating Expenses. Operating Expenses do not include: --------------------------------
(i) the cost of capital improvements (except as set forth above);
(ii) depreciation;
(iii) interest (except as provided above for the amortization of capital improvements);
(iv) principal and interest payments of mortgage and other non- operating debts of Landlord;
(v) the cost of repairs or other work to the extent Landlord is reimbursed by insurance or condemnation proceeds or is reimbursed directly by any other tenant of the Building (ie, not as an Operating Expense);
(vi) the cost of leasing space in the Building, including attorneys' fees incurred in the negotiation of leases and the cost of constructing improvements for tenants, as well as brokerage commissions;
(vii) costs incurred in connection with the sale, financing or refinancing of the Building;
(viii) organizational expenses associated with the creation and operation of the entity which constitutes Landlord;
(ix) the cost of any services which are provided to other tenants in the Building or the Property which are not also provided to Tenant;
(x) executive salaries or salaries of service personnel to the extent that such executives or service personnel perform services other than in connection with the management, operation, repair or maintenance of the Building or the Property ;
(xi) any cost or expense incurred by reason of the remediation or clean-up of any contamination of the Building or the Property or the soils or ground water underlying the Building or the Property by Hazardous Materials (defined in Article 32 below), except to the extent such contamination results from Tenant's (or Tenant's agents', contractors', invitees', or employees') activities; and
(xii) overhead costs and profit increments paid to subsidiaries or affiliates of Landlord for services (other than management fees which are limited pursuant to Section 4(c)(ii) above) on or for the Building or the Property, to the extent only that the cost of such service materially exceeds competitive costs of such services were not so rendered by a subsidiary or affiliate.
Exclusions to Operating Expenses. (a) Notwithstanding the provisions of Section 4.3.4.1 above, for purposes of this Lease, Operating Expenses shall not, however, include:
(i) costs, including advertising costs, marketing costs, legal fees, professional fees (including architects, engineers and space planners), advertising and promotional expenses, and brokerage fees incurred in connection with the original construction or development, or original or any future leasing of the Project, and costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements;
(ii) except as expressly set forth in Sections 4.3.4.1(xii), (xiii), and (xiv) above, depreciation, interest and principal payments on mortgages and other debt costs, if any, penalties and interest, costs of capital (as determined pursuant to generally accepted accounting principles) repairs and alterations, and costs of capital improvements and equipment;
(iii) costs for which Landlord is separately reimbursed by insurance by its carrier or any Tenant’s carrier or by anyone else, and electric power costs to the extent Tenant directly contracts with the local public service company for such services;
(iv) any bad debt loss, rent loss, or reserves for bad debts, rent loss; reserves for future improvements, repairs or additions;
(v) costs associated with the operation of the business of the partnership or entity which constitutes Landlord, as the same are distinguished from the costs of operation of the Project (which shall specifically include, but not be limited to, accounting costs associated with the operation of the Project). Costs associated with the operation of the business of the partnership or entity which constitutes Landlord include costs of partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of the Tenant may be in issue), costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord’s interest in the Project, and costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Project management, or between Landlord and other tenants or occupants, and Landlord’s general corporate overhead and general and administrative expenses;
(vi) except as expressly provided in Section 4.3.4.1(ix), the wages and benefits of any employee of Landlord or the wages and benefits of any employee of the third party, unrelated property manager who does not devote substant...
Exclusions to Operating Expenses. 2002 base operating expenses shall be applicable to Sublessee herein, and Sublessee shall be obligated to pay that portion of the operating expenses of Sublessor generally computed as the fractional share of Sublessor's expenses computed from and after January 1, 2002 and thereafter until the termination of this Lease or any extension thereof.
Exclusions to Operating Expenses. Notwithstanding the foregoing, it is agreed that Annual Operating Costs shall not include:
Exclusions to Operating Expenses. Notwithstanding anything to the contrary contained in this Lease, none of the following items shall be included in Operating Expenses:
(i) The overhead and other costs associated with the operation of the business or the ownership entity which constitutes the sublessor hereunder, unless related solely to Project operations, provided that if Landlord has costs associated with multiple buildings or projects, Landlord may include such costs prorated to the extent allocable to the Project;
(ii) Costs of capital improvements and capital replacements and reserves for capital replacements, except to the extent expressly provided for in Paragraph 4.3(c) above;
(iii) Depreciation or amortization, except to the extent specifically provided for in Paragraph 4.3(c) above;
(iv) Costs and expenses incurred in connection with leasing or re-leasing space in the Building such as commissions, space planning, architectural, engineering, attorneys’ fees, advertising costs, the cost of tenant improvements and tenant improvement allowances, tenant concessions and promotional expenses;
(v) Costs and expenses incurred in connection with the termination, modification or enforcement of leases with tenants in the Building, including without limitation, court costs, attorneys’ fees and disbursements;
(vi) Costs of salaries, benefits and other compensation to employees above the grade of senior property manager, provided that if such costs related to multiple buildings or projects, Landlord may include such costs prorated to the extent allocable to the Project; and
(vii) Specific costs incurred for the account of, separately billed to, and paid by specific tenants of the Building.
Exclusions to Operating Expenses. OPERATING COSTS SPECIFICALLY DO NOT INCLUDE THE FOLLOWING: a) PRINCIPAL AND INTEREST PAYMENTS OF DEBT; b) GROUND LEASE PAYMENTS; c) DEPRECIATION; d) COSTS PROPERLY CHARGEABLE TO THE CAPITAL ACCOUNT, EXCEPT FOR CAPITAL EXPENDITURES TO THE EXTENT TO WHICH THEY REDUCE OPERATING EXPENSES; e) LANDLORD'S COSTS OF ANY SERVICE SOLD TO ANY TENANT OR OCCUPANT OF THE BUILDING FOR WHICH LANDLORD IS REIMBURSED AS AN ADDITIONAL CHARGE OVER AND ABOVE THE RENT PAYABLE WITH ANY TENANT, OTHER THAN BY VIRTUE OF THE PASS THROUGH OF BASIC OPERATING COSTS TO TENANTS OF THE BUILDING; f) ATTORNEY FEES, COSTS AND DISBURSEMENTS INCURRED IN CONNECTION WITH NEGOTIATIONS OR DISPUTES WITH OTHER TENANTS IN THE BUILDING; g) COST OF ANY ITEM FOR WHICH LANDLORD IS PAID OR REIMBURSED BY INSURANCE, WARRANTIES OR CONDEMNATION PROCEEDS; h) EXECUTIVE PARTNER OR BOARD MEMBER SALARIES; i) MARKETING AND ADVERTISING EXPENSES; j) REAL ESTATE BROKERS COMMISSIONS; k) THE COST OF INITIAL CONSTRUCTION OF THE BUILDING, AND ALL BASE BUILDING SYSTEMS, INCLUDING THE INITIAL PAVING, STRIPING THE PARKING AREA, LANDSCAPING, SIDEWALKS, CURBS, GUTTERS AND WALKWAYS. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.13. or 7.C. above, Tenant shall have the right, not later than ONE HUNDRED AND EIGHTY (180) days following the receipt of such statement and upon condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise, the cost of such audit shall be paid by Tenant. If Tenant shall not request AND COMPLETE an audit in accordance with the provisions of this Paragraph 7.E. within ONE HUNDRED AND EIGHTY (180) days of receipt of Landlord's statement provided pursuant to Paragraph 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.
Exclusions to Operating Expenses. Operating Expenses shall not include repairs and general maintenance paid from proceeds of insurance or by a tenant or other third parties, and alterations attributable solely to individual tenants of the Property. Further, Operating Expenses shall not include the cost of capital improvements such as to replace the roof and HVAC systems not used solely for the Premises (except as above set forth), depreciation, interest (except as provided above with respect to the amortization of capital improvements), lease commissions, and principal payments on mortgage and other non-operating debts of Landlord. Capital improvements are more specifically defined as:
(1) Costs incurred in connection with the original construction of the Property or with any major changes to same, including but no limited to, additions or deletions of corridor extensions, renovations and improvements of the Common Areas beyond the costs caused by normal wear and tear, and upgrades or replacement of major Property systems; and
(2) Costs of correcting defects (including latent defects), including any allowances for same, in the construction of the Property or its related facilities; and
(3) Costs incurred in renovating or otherwise improving, designing, redesigning, decorating or redecorating space for tenants or other occupants of the Property or other space leased or held for lease in the Property.
Exclusions to Operating Expenses. 1. Costs associated with the operation of the business of the ownership or entity which constitutes "Landlord", as distinguished from the costs of building operations, including, but not limited to, partnership accounting and legal matters, costs of defending any lawsuits with any mortgagee (except as the actions of Tenant may be in issue), costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord's interest in the Building, costs of any disputes between Landlord and its employees (it any) not engaged in Building operation, disputes of Landlord with Building management, or outside fees paid in connection with disputes with other tenants.
2. Costs incurred in connection with the construction of the Building or in connection with any major change in the Building, including but not limited to, correcting defects in, or inadequacy of, the initial design or construction of the Building, except for any cost associated with changes in the code.
3. Depreciation, interest and principal payments on mortgages and other debt costs, if any.
4. Expenses directly resulting from the gross negligence of Landlord, its agents, servants or employees.
5. Legal fees, space planner's fees, real estate broker's leasing commissions, and advertising expenses incurred in connection with the original development or original leasing of the Building or future leasing of the Building.
Exclusions to Operating Expenses. (1) Costs associated with the operation of the business of the ownership or entity of Sublessor, as distinguished from the costs of Building operations, including, but not limited to, general administration and overhead, partnership accounting and legal matters, costs of any lawsuits and other legal costs associated with any tenant, Lessor or any Mortgagee (except as the actions of Sublessee may be in issue), any principal of Sublessor or, to the extent not related to the Building, any other third party; costs of selling, syndicating, financing, mortgaging or hypothecating any of Sublessor's interest in the Building; costs of any disputes between Sublessor and its employees (if any), disputes of Sublessor with Sublessor's Agents, or disputes with other tenants.
(2) Depreciation, amortization and other non-cash items and points, fees, penalties, late charges, interest, principal and all other similar payments for the borrowing of money on Mortgages, and other debt costs, if any.
(3) Costs associated with replacement and/or major repair to the roof, foundation or other structural elements of the Building or the major mechanical systems of the Building.
(4) Legal fees, space planner's fees, real estate broker's leasing commissions, and advertising expenses incurred in connection with the development, marketing or leasing of the Building.
(5) Costs for which Sublessor is reimbursed by any insurance carrier, any other tenant (other than pursuant to any provision relating to Operating Expenses similar to the one in this Sublease) or any third party or for any services to the Building, the Common Area or any portion thereof which are paid directly by any tenant or other third party.
(6) Any bad debt loss, rent loss, or reserves for bad debts or rent loss.
(7) The expense of services provided to other tenants in the Building and not provided to Sublessee.
(8) Costs incurred by Sublessor with respect to goods and services (including utilities sold and supplied to tenants) to the extent that Sublessor is entitled to direct reimbursement for such costs.
(9) All items and services for which Sublessee or any other tenant in the Building directly reimburses Sublessor or which Sublessor provides selectively to one or more tenants (other than Sublessee) without reimbursement.
(10) Amounts paid as ground rental by Sublessor, if any, and any amounts paid by Sublessor to Lessor.
(11) Costs, including permit, license and inspections costs, incurred with respect to the install...
