Common use of Items Excluded from Operating Expenses Clause in Contracts

Items Excluded from Operating Expenses. Landlord and Tenant hereby expressly acknowledge and agree that the following items shall be excluded from the calculation of Operating Expense items: 3.2.4.1 Repairs or other work occasioned by the exercise of right of eminent domain; 3.2.4.2 Leasing commissions, attorneys’ fees, costs and disbursements and other expenses, all of which are incurred in the connection with negotiations or disputes with Tenants, other occupants or prospective tenants; 3.2.4.3 Renovating or otherwise improving or decorating, painting or redecorating leased space for tenants or other occupants or vacant tenant space, other than ordinary maintenance provided to all tenants, except in all common areas; 3.2.4.4 Landlord’s costs of electricity and other services sold separately to tenants for which Landlord is entitled to be reimbursed by such tenants as an additional charge over and above the base rent and operating expense or other rental adjustments payable under the Lease with such tenant, and domestic water submetered and separately billed to tenants; 3.2.4.5 Expenses in connection with services or other benefits of a type which Tenant is not entitled to receive under the Lease but which are provided to another tenant or occupant; 3.2.4.6 Cost incurred due to violation by Landlord or any tenant of the terms and conditions of any Lease; 3.2.4.7 Interest on debt or amortization payments on any mortgage or mortgages and under any ground or underlying leases or lease with respect to the Premises; 3.2.4.8 Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; 3.2.4.9 Any particular items and services for which Tenant otherwise reimburses Landlord by direct payment over and above Base Rent and Operating Expense adjustment, including but not limited to any services covered in any corporate and transitional services agreement such as data management services, interexchange services (i.e., private line, paging, cellular), corporate voicemail, and electronic messaging services (i.e., Exchange 2000, Active directory, and SMTP routing and support); 3.2.4.10 Advertising and promotional expenditures; 3.2.4.11 Any expenses for which Landlord is compensated through proceeds of insurance; 3.2.4.12 Any and all costs arising from the release of hazardous materials or substances (as defined by applicable laws in effect on the date the Lease is executed) in or about the Premises, the Corporate Campus (including the buildings thereon), or the Land in violation of applicable law including, without limitation, hazardous substances in the ground water or soil, not placed by Tenant in the Premises, the buildings on the Corporate Campus, or the land on which the Corporate Campus is situated; 3.2.4.13 Costs incurred in connection with upgrading the Corporate Campus (including the buildings) to comply with violations of disability, life, fire and safety codes, ordinances, statutes, or other laws in effect prior to the effective date of the Lease, including, without limitation, the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) (“ADA”) and any penalties or damages incurred due to such non-compliance; provided, however, Tenant shall pay Tenant’s share of the amortized costs incurred by Landlord to comply with ADA violations cited during the term of this Lease; and provided further however, Tenant shall bear one hundred percent (100%) of the costs associated with ADA violations cited with respect to alterations made by Tenant; 3.2.4.14 Any and all costs associated with the maintenance and operation of the data center located on the Corporate Campus provided, however, that Tenant shall pay Tenant’s Share of landscaping and parking costs associated with such data center; and 3.2.4.15 Any and all costs associated with the telephone switch space leased by Landlord to Alltel Corporation, provided, however, that Tenant shall pay Tenant’s Share of landscaping and parking costs associated with such space.

Items Excluded from Operating Expenses. (1) The cost of correcting defects in the construction of the Building or in the Building equipment, except that conditions (not occasioned by construction defects) resulting from ordinary wear and tear shall not be deemed defects for the purpose of this category; (2) Cost of any repair made by Landlord and Tenant hereby expressly acknowledge and agree that the following items shall be excluded to remedy damage caused by or resulting from the calculation negligence of Operating Expense items:Landlord, its agents, servants or employees; 3.2.4.1 Repairs (3) Labor costs in respect to executives of Landlord not assigned to the Building as part of the normal Building operation staff; (4) Taxes and Real Estate Taxes as defined below; (5) Legal, accounting or other work occasioned by the exercise of right of eminent domain; 3.2.4.2 Leasing commissionsprofessional fees (including without limitation, attorneys’ feesbrokerage, costs and disbursements finder’s and other expensesadvertising fees incurred to attract, all of which are incurred in the connection with negotiations lease to, or disputes with Tenants, other occupants or prospective procure new tenants; 3.2.4.3 Renovating or otherwise improving or decorating, painting or redecorating leased space for tenants or other occupants or vacant tenant space), other than ordinary maintenance provided to all tenants, except in all common areasauditing fees incurred for the preparation of annual audited operating expense statements; 3.2.4.4 Landlord’s costs (6) Any insurance premium, other than as set forth in subsection I (3) above; (7) Interest for late payments of electricity water and other services sold separately to tenants sewer rents; (8) The cost of any items for which Landlord is entitled to be reimbursed by insurance or which are reimbursable by insurance; (9) The cost of extraordinary services provided for other tenants within the premises respectively demised to such tenants as an additional charge over and above the base rent and operating expense or other rental adjustments payable under the Lease with such tenant, and domestic water submetered and separately billed to tenants; 3.2.4.5 Expenses (10) The costs attributable to the correction or remedying of any act or omission of any tenant in connection the Building where such tenant is liable for the correction or remedying of any such act or omission under its lease with services or other benefits of a type which Tenant is not entitled to receive under the Lease but which are provided to another tenant or occupantLandlord; 3.2.4.6 Cost incurred due to violation (11) Any cost (of electricity or any other item) for which Landlord is reimbursed by Landlord or any tenant of the terms and conditions Building; (12) The cost of repair or rebuilding caused by fire or other casualty or condemnation; (13) The cost of any Lease; 3.2.4.7 Interest on debt or amortization payments on any mortgage or mortgages alterations, additions, changes, replacements and other items which under any ground or underlying leases or lease with respect to the Premises; 3.2.4.8 Any compensation paid to clerksgenerally accepted accounting principles consistently applied(“GAAP”) are properly classified as capital expenditures, attendants or other persons in commercial concessions operated by Landlord; 3.2.4.9 Any particular items and services for which Tenant otherwise reimburses Landlord by direct payment over and above Base Rent and Operating Expense adjustment, including but not limited to any services covered in any corporate and transitional services agreement such as data management services, interexchange services excepting only (i.e., private line, paging, cellular), corporate voicemail, and electronic messaging services (i.e., Exchange 2000, Active directory, and SMTP routing and support); 3.2.4.10 Advertising and promotional expenditures; 3.2.4.11 Any expenses for which Landlord is compensated through proceeds of insurance; 3.2.4.12 Any and all costs arising from the release of hazardous materials or substances (A) Energy Efficient Capital Improvements(s) as defined by applicable laws and permitted in effect on the date the Lease is executedsubsection III below and (B) in or about the Premisessuch other capital expenditures which shall be made for replacements of Building equipment and property, the Corporate Campus (including the buildings thereon), or the Land in violation repair cost of applicable law including, without limitation, hazardous substances in the ground water or soil, not placed by Tenant in the Premises, the buildings on the Corporate Campus, or the land on which the Corporate Campus is situated; 3.2.4.13 Costs incurred in connection with upgrading the Corporate Campus (including the buildings) to comply with violations of disability, life, fire and safety codes, ordinances, statutes, or other laws in effect prior to the effective date of the Lease, including, without limitation, the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) (“ADA”) and any penalties or damages incurred due to such non-compliance; provided, however, Tenant shall pay Tenant’s share of the amortized costs incurred by Landlord to comply with ADA violations cited during the term of this Lease; and provided further however, Tenant shall bear one hundred would exceed fifty percent (10050%) of the costs associated cost of replacement and, accordingly, the Landlord reasonably determined the cost of repair warrants replacement thereof in lieu of repair, and such allowable expenditures shall be included on a straight line basis to the extent such items are amortized over their useful life in accordance with ADA violations cited GAAP. Landlord shall furnish Tenant with respect reasonable evidence confirming both the repairs and the replacement cost referred to alterations made by Tenantherein; 3.2.4.14 Any and all costs associated with (14) The cost of any alterations to prepare space for occupancy of any tenant in the maintenance and operation Building; (15) Expenses resulting from any violations by Landlord of the data center located on terms of this Lease or any other lease in the Corporate Campus providedBuilding; (16) Refinancing costs and mortgage interest and amortization payments; (17) Cost of paintings and sculptures considered to be of the quality and nature of fine art as opposed to merely decorative art; (18) Cost of maintenance, howeverrepair and alteration to, and costs of operation of, the Building’s parking garage, if any, and of any other retail space except that Tenant shall pay Tenantleased under this Lease; (19) Any item otherwise indicated in this Lease to be performed at Landlord’s Share of landscaping sole cost and parking costs associated with such data centerexpense; and 3.2.4.15 (20) Any and all costs associated with the telephone switch space leased item otherwise indicated in this Lease to be performed by Landlord to Alltel Corporation, provided, however, that but paid for by Tenant shall pay Tenant’s Share of landscaping and parking costs associated with such spaceas additional rent or otherwise.

Items Excluded from Operating Expenses. Landlord Sublessor and Tenant Sublessee hereby expressly acknowledge and agree that the following items shall be excluded from the calculation of Operating Expense items: 3.2.4.1 Repairs or other work occasioned by the exercise of right of eminent domain; 3.2.4.2 Leasing commissions, attorneys’ fees, costs and disbursements and other expenses, all of which are incurred in the connection with negotiations or disputes with Tenantssublessees, other occupants or prospective tenants; 3.2.4.3 Renovating or otherwise improving or decorating, painting or redecorating leased space for tenants or other occupants or vacant tenant space, other than ordinary maintenance provided to all tenants, except in all common areas; 3.2.4.4 LandlordSublessor’s costs of electricity and other services sold separately to tenants for which Landlord Sublessor is entitled to be reimbursed by such tenants as an additional charge over and above the base rent and operating expense or other rental adjustments payable under the Lease Sublease with such tenant, and domestic water submetered and separately billed to tenants; 3.2.4.5 Expenses in connection with services or other benefits of a type which Tenant Sublessee is not entitled to receive under the Lease Sublease but which are provided to another tenant or occupant; 3.2.4.6 Cost incurred due to violation by Landlord Sublessor or any tenant of the terms and conditions of any LeaseSublease; 3.2.4.7 Interest on debt or amortization payments on any mortgage or mortgages and under any ground or underlying leases or lease with respect to the Premises; 3.2.4.8 Any compensation paid to clerks, attendants or other persons in commercial concessions operated by LandlordSublessor; 3.2.4.9 Any particular items and services for which Tenant Sublessee otherwise reimburses Landlord Sublessor by direct payment over and above Base Rent and Operating Expense adjustment, including but not limited to any services covered in any corporate and transitional services agreement such as data management services, interexchange services (i.e., private line, paging, cellular), corporate voicemail, and electronic messaging services (i.e., Exchange 2000, Active directory, and SMTP routing and support); 3.2.4.10 Advertising and promotional expenditures; 3.2.4.11 Any expenses for which Landlord Sublessor is compensated through proceeds of insurance; 3.2.4.12 Any and all costs arising from the release of hazardous materials or substances (as defined by applicable laws in effect on the date the Lease Sublease is executed) in or about the Premises, the Corporate Campus (including the buildings thereon), or the Land in violation of applicable law including, without limitation, hazardous substances in the ground water or soil, not placed by Tenant Sublessee in the Premises, the buildings on the Corporate Campus, or the land on which the Corporate Campus is situated; 3.2.4.13 Costs incurred in connection with upgrading the Corporate Campus (including the buildings) to comply with violations of disability, life, fire and safety codes, ordinances, statutes, or other laws in effect prior to the effective date of the LeaseSublease, including, without limitation, the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) (“ADA”) and any penalties or damages incurred due to such non-compliance; provided, however, Tenant Sublessee shall pay TenantSublessee’s share of the amortized costs incurred by Landlord Sublessor to comply with ADA violations cited during the term of this LeaseSublease; and provided further however, Tenant Sublessee shall bear one hundred percent (100%) of the costs associated with ADA violations cited with respect to alterations made by TenantSublessee; 3.2.4.14 Any and all costs associated with the maintenance and operation of the data center located on the Corporate Campus provided, however, that Tenant Sublessee shall pay TenantSublessee’s Share of landscaping and parking costs associated with such data center; and 3.2.4.15 Any and all costs associated with the telephone switch space leased by Landlord Sublessor to Alltel Corporation, provided, however, that Tenant Sublessee shall pay TenantSublessee’s Share of landscaping and parking costs associated with such space.

Items Excluded from Operating Expenses. Landlord and Tenant hereby expressly acknowledge and agree that the following items shall be excluded from the calculation of Operating Expense items: 3.2.4.1 3.2.3.1 Repairs or other work occasioned by the exercise of right of eminent domain; 3.2.4.2 3.2.3.2 Leasing commissions, attorneys’ fees, costs and disbursements and other expenses, all of which are incurred in the connection with negotiations or disputes with Tenants, other occupants or prospective tenants; 3.2.4.3 3.2.3.3 Renovating or otherwise improving or decorating, painting or redecorating leased space for tenants or other occupants or vacant tenant space, other than ordinary maintenance provided to all tenants, except in all common areas; 3.2.4.4 3.2.3.4 Landlord’s costs of electricity and other services sold separately to tenants for which Landlord is entitled to be reimbursed by such tenants as an additional charge over and above the base rent and operating expense or other rental adjustments payable under the Lease with such tenant, and domestic water submetered and separately billed to tenants; 3.2.4.5 3.2.3.5 Expenses in connection with services or other benefits of a type which Tenant is not entitled to receive under the Lease but which are provided to another tenant or occupant; 3.2.4.6 3.2.3.6 Cost incurred due to violation by Landlord or any tenant of the terms and conditions of any Lease; 3.2.4.7 3.2.3.7 Interest on debt or amortization payments on any mortgage or mortgages and under any ground or underlying leases or lease with respect to the Premises; 3.2.4.8 3.2.3.8 Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; 3.2.4.9 3.2.3.9 Any particular items and services for which Tenant otherwise reimburses Landlord by direct payment over and above Base Rent and Operating Expense adjustment, including but not limited to any services covered in any corporate and transitional services agreement such as data management services, interexchange services (i.e., private line, paging, cellular), corporate voicemail, and electronic messaging services (i.e., Exchange 2000, Active directory, and SMTP routing and support); 3.2.4.10 3.2.3.10 Advertising and promotional expenditures; 3.2.4.11 3.2.3.11 Any expenses for which Landlord is compensated through proceeds of insurance; 3.2.4.12 3.2.3.12 Any and all costs arising from the release of hazardous materials or substances (as defined by applicable laws in effect on the date the Lease is executed) in or about the Premises, the Corporate Campus (including the buildings thereon), or the Land in violation of applicable law including, without limitation, hazardous substances in the ground water or soil, not placed by Tenant in the Premises, the buildings on the Corporate Campus, or the land on which the Corporate Campus is situated; 3.2.4.13 3.2.3.13 Costs incurred in connection with upgrading the Corporate Campus (including the buildings) to comply with violations of disability, life, fire and safety codes, ordinances, statutes, or other laws in effect prior to the effective date of the Lease, including, without limitation, the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) (“ADA”) and any penalties or damages incurred due to such non-compliance; provided, however, Tenant shall pay Tenant’s share of the amortized costs incurred by Landlord to comply with ADA violations cited during the term of this Lease; and provided further however, Tenant shall bear one hundred percent (100%) of the costs associated with ADA violations cited with respect to alterations made by Tenant; 3.2.4.14 3.2.3.14 Any and all costs associated with the maintenance and operation of the data center located on the Corporate Campus provided, however, that Tenant shall pay Tenant’s Share of landscaping and parking costs associated with such data center; and 3.2.4.15 3.2.3.15 Any and all costs associated with the telephone switch space leased by Landlord to Alltel Corporation, provided, however, that Tenant shall pay Tenant’s Share of landscaping and parking costs associated with such space.

Items Excluded from Operating Expenses. Landlord and Tenant hereby expressly acknowledge and agree that the following items shall be excluded from the calculation of Operating Expense items: 3.2.4.1 3.2.3.1 Repairs or other work occasioned by the exercise of right of eminent domain; 3.2.4.2 3.2.3.2 Leasing commissions, attorneys’ fees, costs and disbursements and other expenses, all of which are incurred in the connection with negotiations or disputes with Tenants, other occupants or prospective tenants; 3.2.4.3 3.2.3.3 Renovating or otherwise improving or decorating, painting or redecorating leased space for tenants or other occupants or vacant tenant space, other than ordinary maintenance provided to all tenants, except in all common areas; 3.2.4.4 3.2.3.4 Landlord’s costs of electricity and other services sold separately to tenants for which Landlord is entitled to be reimbursed by such tenants as an additional charge over and above the base rent and operating expense or other rental adjustments payable under the Lease with such tenant, and domestic water submetered and separately billed to tenants; 3.2.4.5 3.2.3.5 Expenses in connection with services or other benefits of a type which Tenant is not entitled to receive under the Lease but which are provided to another tenant or occupant; 3.2.4.6 3.2.3.6 Cost incurred due to violation by Landlord or any tenant of the terms and conditions of any Lease; 3.2.4.7 3.2.3.7 Interest on debt or amortization payments on any mortgage or mortgages and under any ground or underlying leases or lease with respect to the Premises; 3.2.4.8 3.2.3.8 Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; 3.2.4.9 3.2.3.9 Any particular items and services for which Tenant otherwise reimburses Landlord by direct payment over and above Base Rent and Operating Expense adjustment, including but not limited to any services covered in any corporate and transitional transition services agreement such as data management services, interexchange services (i.e., private line, paging, cellular), corporate voicemail, and electronic messaging services (i.e., Exchange 2000, Active directory, and SMTP routing and support); 3.2.4.10 3.2.3.10 Advertising and promotional expenditures; 3.2.4.11 3.2.3.11 Any expenses for which Landlord is compensated through proceeds of insurance; 3.2.4.12 3.2.3.12 Any and all costs arising from the release of hazardous materials or substances (as defined by applicable laws in effect on the date the Lease is executed) in or about the Premises, the Corporate Campus (including the buildings thereon), or the Land in violation of applicable law including, without limitation, hazardous substances in the ground water or soil, not placed by Tenant in the Premises, the buildings on the Corporate Campus, or the land on which the Corporate Campus is situated; 3.2.4.13 3.2.3.13 Costs incurred in connection with upgrading the Corporate Campus (including the buildings) to comply with violations of disability, life, fire and safety codes, ordinances, statutes, or other laws in effect prior to the effective date of the Lease, including, without limitation, the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) (“ADA”) and any penalties or damages incurred due to such non-compliance; provided, however, Tenant shall pay Tenant’s share of the amortized costs incurred by Landlord to comply with ADA violations cited during the term of this Lease; and provided further however, Tenant shall bear one hundred percent (100%) of the costs associated with ADA violations cited with respect to alterations made by Tenant; 3.2.4.14 3.2.3.14 Any and all costs associated with the maintenance and operation of the data center located on the Corporate Campus provided, however, that Tenant shall pay Tenant’s Share of landscaping and parking costs associated with such data center; and 3.2.4.15 3.2.3.15 Any and all costs associated with the telephone switch space leased by Landlord to Alltel Corporation, provided, however, that Tenant shall pay Tenant’s Share of landscaping and parking costs associated with such space.

Items Excluded from Operating Expenses. Landlord Sublessor and Tenant Sublessee hereby expressly acknowledge and agree that the following items shall be excluded from the calculation of Operating Expense items: 3.2.4.1 3.2.3.1 Repairs or other work occasioned by the exercise of right of eminent domain; 3.2.4.2 3.2.3.2 Leasing commissions, attorneys’ fees, costs and disbursements and other expenses, all of which are incurred in the connection with negotiations or disputes with Tenantssublessees, other occupants or prospective tenants; 3.2.4.3 3.2.3.3 Renovating or otherwise improving or decorating, painting or redecorating leased space for tenants or other occupants or vacant tenant space, other than ordinary maintenance provided to all tenants, except in all common areas; 3.2.4.4 Landlord3.2.3.4 Sublessor’s costs of electricity and other services sold separately to tenants for which Landlord Sublessor is entitled to be reimbursed by such tenants as an additional charge over and above the base rent and operating expense or other rental adjustments payable under the Lease Sublease with such tenant, and domestic water submetered and separately billed to tenants; 3.2.4.5 3.2.3.5 Expenses in connection with services or other benefits of a type which Tenant Sublessee is not entitled to receive under the Lease Sublease but which are provided to another tenant or occupant; 3.2.4.6 3.2.3.6 Cost incurred due to violation by Landlord Sublessor or any tenant of the terms and conditions of any LeaseSublease; 3.2.4.7 3.2.3.7 Interest on debt or amortization payments on any mortgage or mortgages and under any ground or underlying leases or lease with respect to the Premises; 3.2.4.8 3.2.3.8 Any compensation paid to clerks, attendants or other persons in commercial concessions operated by LandlordSublessor; 3.2.4.9 3.2.3.9 Any particular items and services for which Tenant Sublessee otherwise reimburses Landlord Sublessor by direct payment over and above Base Rent and Operating Expense adjustment, including but not limited to any services covered in any corporate and transitional services agreement such as data management services, interexchange services (i.e., private line, paging, cellular), corporate voicemail, and electronic messaging services (i.e., Exchange 2000, Active directory, and SMTP routing and support); 3.2.4.10 3.2.3.10 Advertising and promotional expenditures; 3.2.4.11 3.2.3.11 Any expenses for which Landlord Sublessor is compensated through proceeds of insurance; 3.2.4.12 3.2.3.12 Any and all costs arising from the release of hazardous materials or substances (as defined by applicable laws in effect on the date the Lease Sublease is executed) in or about the Premises, the Corporate Campus (including the buildings thereon), or the Land in violation of applicable law including, without limitation, hazardous substances in the ground water or soil, not placed by Tenant Sublessee in the Premises, the buildings on the Corporate Campus, or the land on which the Corporate Campus is situated; 3.2.4.13 3.2.3.13 Costs incurred in connection with upgrading the Corporate Campus (including the buildings) to comply with violations of disability, life, fire and safety codes, ordinances, statutes, or other laws in effect prior to the effective date of the LeaseSublease, including, without limitation, the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) (“ADA”) and any penalties or damages incurred due to such non-compliance; provided, however, Tenant Sublessee shall pay TenantSublessee’s share of the amortized costs incurred by Landlord Sublessor to comply with ADA violations cited during the term of this LeaseSublease; and provided further however, Tenant Sublessee shall bear one hundred percent (100%) of the costs associated with ADA violations cited with respect to alterations made by TenantSublessee; 3.2.4.14 3.2.3.14 Any and all costs associated with the maintenance and operation of the data center located on the Corporate Campus provided, however, that Tenant Sublessee shall pay TenantSublessee’s Share of landscaping and parking costs associated with such data center; and 3.2.4.15 3.2.3.15 Any and all costs associated with the telephone switch space leased by Landlord Sublessor to Alltel Corporation, provided, however, that Tenant Sublessee shall pay TenantSublessee’s Share of landscaping and parking costs associated with such space.