Common use of Nonexclusive List of Costs Covered by Indemnity Clause in Contracts

Nonexclusive List of Costs Covered by Indemnity. Costs and expenses for which NAI is responsible on an After Tax Basis pursuant to this subparagraph 5(C) will include all of the following, except to the extent that the following are included in the Initial Advance or in the calculation of any Break Even Price or Make Whole Amount paid to BNPPLC pursuant to the Purchase Agreement: • appraisal fees; • Uniform Commercial Code search fees; • filing and recording fees; • inspection fees and expenses; • brokerage fees and commissions; • survey fees; • title policy premiums and escrow fees; • any Breakage Costs or Fixed Rate Settlement Amount; • Attorneys’ Fees incurred by BNPPLC with respect to the drafting, negotiation, administration or enforcement of this Lease or the other Operative Documents; and • all taxes (except Excluded Taxes) related to the Property or to the transactions contemplated in the Operative Documents. Such costs and expenses will also include all rent or other payments required of BNPPLC under the Ground Lease, so long as this Lease remains in force or NAI remains in possession of the Property or is entitled to possession by this Lease. (It is understood, however, that with respect to payments which are required by the Ground Lease from BNPPLC to NAI and for which NAI is required to reimburse BNPPLC, such payments and the corresponding reimbursements will be offset and deemed paid by offsetting book entries rather than by an actual transfer of funds back and forth between the parties.)

Nonexclusive List of Costs Covered by Indemnity. Costs and expenses for which NAI is responsible on an After Tax Basis pursuant to this subparagraph 5(C) will include all of the following, except to the extent that the following are included in the Initial Advance or in the calculation of any Break Even Price or Make Whole Amount paid to BNPPLC pursuant to the Purchase Agreement: • · appraisal fees; • · Uniform Commercial Code search fees; • · filing and recording fees; • · inspection fees and expenses; • · brokerage fees and commissions; • · survey fees; • · title policy premiums and escrow fees; • · any Breakage Costs or Fixed Rate Settlement Amount; • · Attorneys’ Fees incurred by BNPPLC with respect to the drafting, negotiation, administration or enforcement of this Lease or the other Operative Documents; and • · all taxes (except Excluded Taxes) related to the Property or to the transactions contemplated in the Operative Documents. Such costs and expenses will also include all rent or other payments required of BNPPLC under the Ground Lease, so long as this Lease remains in force or NAI remains in possession of the Property or is entitled to possession by this Lease. (It is understood, however, that with respect to payments which are required by the Ground Lease from BNPPLC to NAI and for which NAI is required to reimburse BNPPLC, such payments and the corresponding reimbursements will be offset and deemed paid by offsetting book entries rather than by an actual transfer of funds back and forth between the parties.)