Exclusions from Operating Expenses Notwithstanding anything to the contrary herein, Operating Expenses shall not include the following: (i) roof replacement; (II) correction of the Building foundation; (iii) correction of deficiencies in structural elements of the Building; (iv) the cost of any work or service performed for any other tenant or occupant of the Park; (v) any cost to the extent Landlord Is reimbursed therefor out of insurance proceeds or would have been reimbursed if Landlord had carried the Insurance required of Landlord under this Lease; (vi) costs of repairs, alterations or replacements caused by the exercise of rights of eminent domain; (vii) any expense for which Landlord is compensated by proceeds of indemnities or warranties (it being understood that Landlord shall use commercially reasonable efforts to obtain any reimbursements to which It is entitled thereunder); (viii) general overhead and administrative expenses of Landlord relating to maintaining Landlord’s existence and functioning either as a corporation, partnership or other entity; (Ix) costs, penalties or fines incurred due to the violation by the Landlord of any Applicable Laws; (x) any costs incurred to clean up, contain, xxxxx, remove, remediate or otherwise remedy Hazardous Substances in or around the Premises or the Park which exist in violation of Applicable Laws prior to the Effective Date of this Lease; (xi) any capitalized costs incurred by Landlord In order to bring the Park, Building and Premises into compliance with the requirements of any Applicable Laws, provided that such non-compliance exists as of the Effective Date of this Lease, to the extent such non-compliance is not triggered by Tenant’s Permitted Use, the Tenant Improvements or any future alterations, additions or improvements made by Tenant to the Premises; (xii) any amount paid by Landlord or to the parent organization or a subsidiary or affiliate of the Landlord for supplies and/or services to the Premises to the extent the same exceeds the amount which would generally be expected to be incurred had such supplies and/or services been furnished or rendered by comparably qualified, first-class unafffliated third parties; (xiii) the wages and benefits and other compensation of any employee who does not devote substantially all of his or her employed time to the Premises unless such wages and benefits are prorated to reflect time spent on operating and managing the Premises; provided that in no event shall Operating Expenses for purposes of this Lease Include wages and/or benefits attributable to Premises management personnel or officers above the level of the portfolio manager or equivalent; (xiv) costs incurred by Landlord due to the violation by Landlord, its employees, agents or contractors or any other tenant of any Applicable Laws; and/or (xv) any costs, fines, penalties or Interest to the extent resulting from the gross negligence or wlllful misconduct of Landlord or Its agents, contractors or employees.
Limit on Operating Expenses The Advisor hereby agrees to limit the Fund’s current Operating Expenses to an annual rate, expressed as a percentage of the Fund’s average daily net assets for the month, to the amounts listed in Appendix A (the “Annual Limit”). In the event that the current Operating Expenses of the Fund, as accrued each month, exceed its Annual Limit, the Advisor will pay to the Fund, on a monthly basis, the excess expense within the first ten days of the month following the month in which such Operating Expenses were incurred (each payment, a “Fund Reimbursement Payment”).