Common use of Exterior Common Area Expenses Clause in Contracts

Exterior Common Area Expenses. Subject to the further provisions of this Section 4.02, Xxxxxx agrees to pay during the Term as part of Tenant’s obligation to pay Minimum Annual Rent and Additional Rent (as set forth in Section 1.05 of the Indenture) “Tenant’s Share of Exterior Common Area Expenses” (as defined in Section 4.04 below), after first deducting the amount of Exterior Common Area Expenses, if any, paid by any other tenants so that no additional amounts beyond Minimum Annual Rent shall be payable by Tenant for Tenant’s Share of Exterior Common Areas Expenses. For purposes of this Lease, the term “Exterior Common Area Expenses” shall mean all costs and expenses incurred by Landlord in operating, maintaining, repairing, lighting, signing, cleaning, painting, striping, insuring, equipping, staffing, securing, and policing of the exterior Common Area of the Plaza, including, without limitation, all costs associated with the following items or services, which may be incurred by Landlord in its sole discretion: (a) alarm system, patrol services (it being agreed that Landlord shall not have any obligation to provide such services) and fire protection; (b) maintenance of irrigation systems; (c) insurance, including, without limitation, liability insurance for personal injury, death and property damage to the extent not reimbursed by Tenant as part of the Insurance Charge under Section 6.08 below; (d) surcharges levied upon or assessed against parking spaces or areas, payments toward mass transit or carpooling facilities or otherwise as required by federal, state or local governmental authorities; (e) all landscaping, including, but not limited to, lawn maintenance, new plantings and replacement of existing landscaping; (f) repairing, cleaning, sweeping, painting, striping, replacing and repaving of paving, curbs, walkways, guardrails, bumpers, fences, screens, flagpoles, bicycle racks, signs and other markers, landscaping, drainage pipes, ducts, conduits, lighting facilities, parking facilities and all other exterior Common Area site amenities; (g) maintenance, repair and replacement of utility systems serving the exterior portions of the Plaza, including, but not limited to, water, sanitary sewer and storm water lines and drainage systems, electrical, gas, telephone and lighting systems (including bulbs, poles, and fixtures) and other utility lines, pipes and conduits, and all payments of utility charges in connection with any of the foregoing systems;

Exterior Common Area Expenses. Subject to the further provisions Operating Expenses shall ----------------------------- include that portion of this Section 4.02all direct costs of operation, Xxxxxx agrees to pay during the Term as part of Tenant’s obligation to pay Minimum Annual Rent maintenance, repair and Additional Rent (as set forth in Section 1.05 management of the Indenture) “Tenant’s Share of Exterior Common Area Expenses” (determined by standard accounting practices) allocable to the Building containing the Premises (collectively, "Exterior Common Area Expense"). Such costs shall be allocated by Lessor between the Building containing the Premises and the other buildings located within the Project from time to time and having the right to use the Exterior Common Area, in such manner as defined Lessor reasonably determines in Section 4.04 belowgood faith. Exterior Common Area Expenses as used herein shall include, but not be limited to, all sums expended in connection with all general maintenance and repairs, resurfacing, painting, restriping, cleaning, sweeping, and janitorial services; maintenance and repair of sidewalks, curbs, signs and other Exterior Common Areas; maintenance and repair of sprinkler systems, planting, and landscaping; trash removal; sewage; electricity, gas, water and any other utilities (including any temporary or permanent utility surcharge or other exaction whether now or hereafter imposed); maintenance and repair of directional signs and other markers and bumpers; maintenance and repair of any fire protection systems, after first deducting elevator systems, lighting systems, storm drainage systems and other utility systems; any governmental imposition or surcharge imposed upon Lessor or assessed against the amount Exterior Common Area; materials; supplies, tools; depreciation on maintenance and operating machinery and equipment (if owned) and rental paid for such machinery and equipment (if rented); service agreements on equipment; maintenance and repair of parking areas and parking structures, if any; maintenance and routine and minor repair of structural parts (including foundation and floor slabs); elevator services, if applicable; material handling; fees for licenses and permits relating to the Exterior Common Area; the cost of complying with rules, regulation and orders of governmental authorities; accounting and legal fees; the cost of contesting the validity or applicability of any governmental enactment which may affect Project Taxes attributable to the Exterior Common Area; personnel to implement such services, including if Lessor deems necessary, the cost of security guards and valet attendants; public liability, environmental impairments, property damage and fire and extended coverage insurance on Exterior Common Area (in such amounts and providing such coverage as determined in Lessor's sole discretion and which may include, without limitation, liability, all risk property, lessor's risk liability, war risk, vandalism, malicious mischief, sprinkler leakage, boiler and machinery, parking income, earthquake, flood and worker's compensation insurance); and compensation and fringe benefits payable to all persons employed by Lessor in connection with the operation, maintenance, repair and management of the Exterior Common Area. Lessor may cause any or all of said services to be provided by an independent contractor or contractors, or they may be rendered by Lessor. In the event Lessor makes capital improvements which have the effect of reducing Exterior Common Area Expenses, if anyLessor may amortize its investment in said improvements as an Exterior Common Area Expense in accordance with standard accounting practices provided that such amortization is not at a rate greater than the anticipated savings in the Exterior Common Area Expenses. It is the intent of the parties hereto that Exterior Common Area Expenses shall include every cost paid or incurred by Lessor in connection with the operation, paid by any other tenants so that no additional amounts beyond Minimum Annual Rent shall be payable by Tenant for Tenant’s Share maintenance, repair and management of the Exterior Common Area, and the specific examples of Exterior Common Areas Area Expenses stated in this Article 7 are in no way intended to, and shall not limit the costs comprising Exterior Common Area Expenses. For purposes , nor shall such examples be deemed to obligate Lessor to incur such costs or to provide such services or to take such actions except as Lessor may be expressly required in other portions of this Lease, the term “Exterior Common Area Expenses” shall mean all costs and expenses incurred by Landlord in operatingor except as Lessor, maintaining, repairing, lighting, signing, cleaning, painting, striping, insuring, equipping, staffing, securing, and policing of the exterior Common Area of the Plaza, including, without limitation, all costs associated with the following items or services, which may be incurred by Landlord in its sole discretion: (a) alarm system, patrol services (it being agreed that Landlord shall not have any obligation to provide such services) and fire protection; (b) may elect. The maintenance of irrigation systems; the Exterior Common Area shall be at the sole discretion of Lessor and all costs incurred by Lessor in good faith shall be deemed conclusively binding on Lessee. In the event that less than one hundred percent (c100%) insurance, including, without limitation, liability insurance for personal injury, death and property damage to the extent not reimbursed by Tenant as part of the Insurance Charge under Section 6.08 below; (d) surcharges levied upon or assessed against parking spaces or areasBuilding is occupied during any calendar year, payments toward mass transit or carpooling facilities or otherwise as required by federal, state or local governmental authorities; (e) all landscaping, including, but not limited to, lawn maintenance, new plantings and replacement of existing landscaping; (f) repairing, cleaning, sweeping, painting, striping, replacing and repaving of paving, curbs, walkways, guardrails, bumpers, fences, screens, flagpoles, bicycle racks, signs and other markers, landscaping, drainage pipes, ducts, conduits, lighting facilities, parking facilities and all other exterior Exterior Common Area site amenities; Expenses on the statements provided by Lessor shall be adjusted for each calendar year to equal Lessor's reasonable estimate of Exterior Common Area Expenses had one hundred percent (g100%) maintenance, repair and replacement of utility systems serving the exterior portions of the Plaza, including, but not limited to, water, sanitary sewer and storm water lines and drainage systems, electrical, gas, telephone and lighting systems (including bulbs, poles, and fixtures) and other utility lines, pipes and conduits, and all payments of utility charges in connection with any total rentable area of the foregoing systems;Building been occupied. Statements of Exterior Common Area Expenses provided by Lessor shall be final and binding upon both Lessor and Lessee.

Exterior Common Area Expenses. Subject to the further provisions Operating Expenses shall ----------------------------- include that portion of this Section 4.02all direct costs of operation, Xxxxxx agrees to pay during the Term as part of Tenant’s obligation to pay Minimum Annual Rent maintenance, repair and Additional Rent (as set forth in Section 1.05 management of the Indenture) “Tenant’s Share of Exterior Common Area Expenses” (determined by standard accounting practices) allocable to the Building containing the Premises (collectively, "Exterior Common Area Expense"). Such costs shall be allocated by Lessor between the Building containing the Premises and the other buildings located within the Project from time to time and having the right to use the Exterior Common Area, in such manner as defined Lessor reasonably determines in Section 4.04 belowgood faith. Exterior Common Area Expenses as used herein shall include, but not be limited to, all sums expended in connection with all general maintenance and repairs, resurfacing, painting, restriping, cleaning, sweeping, and janitorial services; maintenance and repair of sidewalks, curbs, signs and other Exterior Common Areas; maintenance and repair of sprinkler systems, planting, and landscaping; trash removal; sewage; electricity, gas, water and any other utilities (including any temporary or permanent utility surcharge or other exaction whether now or hereafter imposed); maintenance and repair of directional signs and other markers and bumpers; maintenance and repair of any fire protection systems, after first deducting elevator systems, lighting systems, storm drainage systems and other utility systems; any governmental imposition or surcharge imposed upon Lessor or assessed against the amount Exterior Common Area; materials; supplies, tools; depreciation on maintenance and operating machinery and equipment (if owned) and rental paid for such machinery and equipment (if rented); service agreements on equipment; maintenance and repair of parking areas and parking structures, if any; maintenance and repair of structural parts (including foundation and floor slabs); elevator services, if applicable; material handling; fees for licenses and permits relating to the Exterior Common Area; the cost of complying with rules, regulation and orders of governmental authorities; accounting and legal fees; the cost of contesting the validity or applicability of any governmental enactment which may affect Project Taxes attributable to the Exterior Common Area; personnel to implement such services, including if Lessor deems necessary, the cost of security guards and valet attendants; public liability, environmental impairments, property damage and fire and extended coverage insurance on Exterior Common Area (in such amounts and providing such coverage as determined in Lessor's sole discretion and which may include, without limitation, liability, all risk property, lessor's risk liability, war risk, vandalism, malicious mischief, sprinkler leakage, boiler and machinery, parking income, earthquake, flood and worker's compensation insurance); and compensation and fringe benefits payable to all persons employed by Lessor in connection with the operation, maintenance, repair and management of the Exterior Common Area. Lessor may cause any or all of said services to be provided by an independent contractor or contractors, or they may be rendered by Lessor. In the event Lessor makes capital improvements which have the effect of reducing Exterior Common Area Expenses, if anyLessor may amortize its investment in said improvements as an Exterior Common Area Expense in accordance with standard accounting practices provided that such amortization is not at a rate greater than the anticipated savings in the Exterior Common Area Expenses. It is the intent of the parties hereto that Exterior Common Area Expenses shall include every cost paid or incurred by Lessor in connection with the operation, paid by any other tenants so that no additional amounts beyond Minimum Annual Rent shall be payable by Tenant for Tenant’s Share maintenance, repair and management of the Exterior Common Area, and the specific examples of Exterior Common Areas Area Expenses stated in this Article 7 are in no way intended to, and shall not limit the costs comprising Exterior Common Area Expenses. For purposes , nor shall such examples be deemed to obligate Lessor to incur such costs or to provide such services or to take such actions except as Lessor may be expressly required in other portions of this Lease, the term “Exterior Common Area Expenses” shall mean all costs and expenses incurred by Landlord in operatingor except as Lessor, maintaining, repairing, lighting, signing, cleaning, painting, striping, insuring, equipping, staffing, securing, and policing of the exterior Common Area of the Plaza, including, without limitation, all costs associated with the following items or services, which may be incurred by Landlord in its sole discretion: (a) alarm system, patrol services (it being agreed that Landlord shall not have any obligation to provide such services) and fire protection; (b) may elect. The maintenance of irrigation systems; the Exterior Common Area shall be at the sole discretion of Lessor and all costs incurred by Lessor in good faith shall be deemed conclusively binding on Lessee. In the event that less than one hundred percent (c100%) insurance, including, without limitation, liability insurance for personal injury, death and property damage to the extent not reimbursed by Tenant as part of the Insurance Charge under Section 6.08 below; (d) surcharges levied upon or assessed against parking spaces or areasBuilding is occupied during any calendar year, payments toward mass transit or carpooling facilities or otherwise as required by federal, state or local governmental authorities; (e) all landscaping, including, but not limited to, lawn maintenance, new plantings and replacement of existing landscaping; (f) repairing, cleaning, sweeping, painting, striping, replacing and repaving of paving, curbs, walkways, guardrails, bumpers, fences, screens, flagpoles, bicycle racks, signs and other markers, landscaping, drainage pipes, ducts, conduits, lighting facilities, parking facilities and all other exterior Exterior Common Area site amenities; Expenses on the statements provided by Lessor shall be adjusted for each calendar year to equal Lessor's reasonable estimate of Exterior Common Area Expenses had one hundred percent (g100%) maintenance, repair and replacement of utility systems serving the exterior portions of the Plaza, including, but not limited to, water, sanitary sewer and storm water lines and drainage systems, electrical, gas, telephone and lighting systems (including bulbs, poles, and fixtures) and other utility lines, pipes and conduits, and all payments of utility charges in connection with any total rentable area of the foregoing systems;Building been occupied. Statements of Exterior Common Area Expenses provided by Lessor shall be final and binding upon both Lessor and Lessee.