Common use of Operating Cost Examples Clause in Contracts

Operating Cost Examples. The following are, without limitation, examples of costs included within the computation of Operating Costs: (i) garbage and waste disposal; (ii) janitorial service and window cleaning for the Project (including materials, supplies, light bulbs and ballasts standard to the Building, equipment and tools therefore and rental and depreciation costs related to any of the foregoing) or contracts with third parties to provide same; (iii) security; (iv) insurance premiums (including, without limitation, property, rental value, liability and any other types of insurance carried by Landlord with respect to the Project, the costs of which may include an allocation of a portion of the premium of a blanket insurance policy maintained by Landlord); (v) business or excise taxes payable on account of Landlord’s ownership or operation of the Project (excluding any inheritance, estate succession, transfer, gift, franchise, corporation, income or profits tax imposed upon Landlord); (vi) real estate taxes, assessments, excises, and any other governmental levies and charges of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may during the Term be levied or assessed against, or arising in connection with the use, occupancy, operation or possession of, the Project, or any part thereof, or substituted, in whole or in part, for a real estate tax, assessment, excise or governmental charge or levy previously in existence, by any authority having the direct or indirect power to tax, including interest on installment payments and all costs and fees (including reasonable attorneys’ fees) incurred by Landlord in contesting or negotiating with taxing authorities as to same; provided, however, Landlord will have the option to pay any of the foregoing as rentals under a ground lease arrangement with the fee simple titleholder to the land upon which the Project is, or is to be, constructed; (vii) water and sewer charges and any add-ons; (viii) operation, maintenance, and repair (to include replacement of components) of the Project, including but not limited to all floor, wall and window coverings and personal property in the Common Areas, Building systems such as heat, ventilation and air conditioning system, elevators, escalators, and all other mechanical or electrical systems serving the Building and the Common Areas and Service Areas and service agreements for all such systems and equipment; (ix) charges for any easement maintained for the benefit of the Project; (x) license, permit and inspection fees; (xi) compliance with any fire safety or other governmental rules, regulations, laws, statutes, ordinances or requirements imposed by any governmental authority or insurance company with respect to the Project during the Term hereof; (xii) wages, salaries, employee benefits and taxes (or an allocation of the foregoing) for operating personnel working full or part time in connection with the operation, maintenance and management of the Project, provided such personnel are below management or high executive level; (xiii) accounting and legal services (but excluding legal services in connection with negotiations and disputes with specific tenants unless the matter involved affects all tenants of the Project); (xiv) administrative and management fees for the Project and Landlord’s overhead expenses directly attributable to Project management; (xv) indoor or outdoor landscaping; (xvi) depreciation (or amortization) of Required Capital Improvements and Cost Savings Improvements. “

Appears in 2 contracts

Samples: Office Building Lease, Office Building Lease (HII Technologies, Inc.)

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Operating Cost Examples. The following are, without limitation, examples of costs included within the computation of Operating Costs: (ia) garbage and waste disposal; (iib) janitorial service and window cleaning for the Project (including materials, supplies, light bulbs and ballasts standard to the Building, equipment and tools therefore and rental and depreciation costs related to any of the foregoing) or contracts with third parties to provide same; (iiic) security; (ivd) insurance premiums (including, without limitation, property, rental value, liability and any other types of insurance carried by Landlord with respect to the Project, the costs of which may include an allocation of a portion of the premium of a blanket insurance policy maintained by Landlord); (ve) business or excise taxes payable on account of Landlord’s ownership or operation of the Project (excluding any inheritance, estate succession, transfer, gift, franchise, corporation, income or profits tax imposed upon Landlord); (vif) real estate taxes, assessments, excises, and any other governmental levies and charges of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may during the Term be levied or assessed against, or arising in connection with the use, occupancy, operation or possession of, the Project, or any part thereof, or substituted, in whole or in part, for a real estate tax, assessment, excise or governmental charge or levy previously in existence, by any authority having the direct or indirect power to tax, including interest on installment payments and all costs and fees (including reasonable attorneys’ fees) incurred by Landlord in contesting or negotiating with taxing authorities as to same; provided, however, Landlord will have the option to pay any of the foregoing as rentals under a ground lease arrangement with the fee simple titleholder to the land upon which the Project is, or is to be, constructed; (viig) water and sewer charges and any add-ons; (viiih) operation, maintenance, and repair (to include replacement of components) of the Project, including but not limited to all floor, wall and window coverings and personal property in the Common Areas, Building systems such as heat, ventilation and air conditioning system, elevators, escalators, and all other mechanical or electrical systems serving the Building and the Common Areas and Service Areas and service agreements for all such systems and equipment; (ixi) charges for any easement maintained for the benefit of the Project; (xj) license, permit and inspection fees; (xik) compliance with any fire safety or other governmental rules, regulations, laws, statutes, ordinances or requirements imposed by any governmental authority or insurance company with respect to the Project during the Term hereof; (xii1) wages, salaries, employee benefits and taxes (or an allocation of the foregoing) for operating personnel working full or part time in connection with the operation, maintenance and management of the Project, provided such personnel are below management or high executive level; (xiii) accounting and legal services (but excluding legal services in connection with negotiations and disputes with specific tenants unless the matter involved affects all tenants of the Project); (xiv) administrative and management fees for the Project and Landlord’s overhead expenses directly attributable to Project management; (xv) indoor or outdoor landscaping; (xvi) depreciation (or amortization) of Required Capital Improvements and Cost Savings Improvements. “

Appears in 1 contract

Samples: Sublease Agreement (Fulgent Genetics, Inc.)

Operating Cost Examples. The following are, without limitation, --------- ---- -------- examples of costs included within the computation of Operating Costs: (ia) garbage and waste disposal; (iib) janitorial service and window cleaning for the Project (including materials, supplies, light bulbs and ballasts standard to the Building, equipment and tools therefore therefor and rental and depreciation costs related to any of the foregoing) or contracts with third parties to provide same; (iiic) security; (ivd) insurance premiums (including, without limitation, property, rental value, liability and any other types of insurance carried by Landlord with respect to the Project, the costs of which may include an allocation of a portion of the premium of a blanket insurance policy maintained by Landlord); (ve) business or excise taxes payable on account of Landlord’s 's ownership or operation of the Project (excluding including, without limitation, any inheritance, estate succession, transfer, gift, franchise, corporation, income or profits state tax imposed upon LandlordLandlord as a substitute in whole or in part for, or in addition to, real property taxes assessed against the Premises as of the date of this Lease); (vif) real estate taxes, assessments, excises, and any other governmental levies and charges of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may during the Term be levied or assessed against, or arising in connection with the use, occupancy, operation or possession of, the Project, or any part thereof, or substituted, in whole or in part, for a real estate tax, assessment, excise or governmental charge or levy previously in existence, by any authority having the direct or indirect power to tax, including interest on installment payments and all costs and fees (including reasonable attorneys' fees) incurred by Landlord in contesting or negotiating with taxing authorities as to same; provided, however, that Landlord will have pay all such taxes and assessments over the option to pay any longest period of time permitted by the foregoing as rentals under a ground lease arrangement with the fee simple titleholder to the land upon which the Project is, or is to be, constructedapplicable taxing authority; (viig) water and sewer charges and any add-ons; (viiih) operation, maintenance, and repair (to include replacement of components) of the Project, including but not limited to all floor, wall and window coverings and personal property in the Common Areas, Building systems such as heat, ventilation and air conditioning system, elevators, escalators, and all other mechanical or electrical systems serving the Building and the Common Areas and Service Areas and service agreements for all such systems and equipment; (ixi) charges for any easement maintained for the benefit of the Project; (xj) license, permit and inspection fees; (xik) compliance with any fire safety or other governmental rules, regulations, laws, statutes, ordinances or requirements imposed by any governmental authority or insurance company with respect to the Project during the Term hereof; (xiil) wages, salaries, employee benefits and taxes (or an allocation of the foregoing) for operating personnel working full or part time in connection with the operation, maintenance and management of the Project, provided such personnel are below management or high executive level; (xiiim) accounting and legal services (but excluding legal services in connection with negotiations and disputes with specific tenants unless the matter involved affects all tenants of the Project); (xivn) administrative and management fees for the Project and Landlord’s 's overhead expenses directly attributable to Project management; (xvo) indoor or outdoor landscaping; (xvip) depreciation (or amortization) of Required Capital Improvements and Cost Savings Improvements. "Required Capital Improvements" will mean capital improvements or replacements made in or to the Building in order to conform to any future law, ordinance, rule, regulation or order of any governmental authority not existing as of the date of this Lease having jurisdiction over the Project, including, without limitations, The Disabilities Acts. "Cost Savings Improvements" will mean any capital improvements or replacements which are intended to reduce, stabilize or limit increases in Operating Costs. The cost of Required Capital Improvements, Cost Savings Improvements and depreciable (or amortizable) maintenance and repair items (e.g., painting of Common Areas, replacement of carpet in elevator lobbies), will be amortized over the useful life of the applicable item in accordance with generally accepted accounting principles.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Operating Cost Examples. The following are, without limitation, examples of costs included within the computation of Operating Costs: (i) garbage and waste disposal; (ii) janitorial service and window cleaning for the Project Building and the Common Areas and Service Areas (including materials, supplies, Building standard light bulbs and ballasts standard to the Buildingballasts, equipment and tools therefore therefor and rental and depreciation costs related to any of the foregoing) or contracts with third parties to provide same; (iii) security; (iv) insurance premiums (including, without limitation, property, rental value, liability and any other types of insurance carried by Landlord with respect to the ProjectBuilding and the Common Areas and Service Areas, the costs of which may include an allocation of a portion of the premium of a blanket insurance policy maintained by Landlord); (v) business business, excise or excise margin taxes payable on account of Landlord’s ownership or operation of the Project Building (excluding any inheritance, estate estate, succession, transfer, gift, franchise, corporation, corporation or income or profits tax imposed upon Landlord); (vi) real estate taxes, assessments, excises, and any other governmental levies and charges of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may during the Term be levied or assessed against, or arising in connection with the use, occupancy, operation or possession of, the ProjectBuilding and the Common Areas and Service Areas, or any part thereof, or substituted, in whole or in part, for a real estate tax, assessment, excise or governmental charge or levy previously in existence, by any authority having the direct or indirect power to tax, including interest on installment payments and all costs and fees (including reasonable attorneys’ fees) incurred by Landlord in contesting or negotiating with taxing authorities as to same; provided, however, Landlord will have the option to pay any of the foregoing as rentals under a ground lease arrangement with the fee simple titleholder to the land upon which the Project Building is, or is to be, constructed; (vii) water and sewer charges and any add-ons; (viii) operation, maintenance, and repair (to include replacement of components) of the Project, including but not limited to all floor, wall and window coverings and personal property in the Common Areas, Building systems such as heat, ventilation and air conditioning system, elevators, escalators, and all other mechanical or electrical systems serving the Building and the Common Areas and Service Areas and service agreements for all such systems and equipment; (ix) charges for any easement maintained for the benefit of the ProjectBuilding or the Common Areas and Service Areas; (xix) license, permit and inspection fees; (xix) compliance with any fire safety or other governmental rules, regulations, laws, statutes, ordinances or requirements imposed by any governmental authority or insurance company with respect to the Project Building during the Term hereof; (xiixi) wages, salaries, employee benefits and taxes (or an allocation of the foregoing) for operating personnel working full or part time in connection with the operation, maintenance and management of the Project, provided such personnel are below management or high executive levelBuilding and the Common Areas and Service Areas; (xiiixii) accounting and legal services (but excluding legal services in connection with negotiations and disputes with specific tenants unless the matter involved affects all tenants of the ProjectBuilding); (xivxiii) administrative and management fees for the Project Building and Landlord’s overhead expenses directly attributable to Project Building management; (xvxiv) indoor or outdoor landscaping; (xvixv) depreciation (or amortization) of Required Capital Improvements and Cost Savings Improvements. “Required Capital Improvements” will mean capital improvements or replacements made in or to the Building in order to conform to any law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Building, including, without limitations, The Americans with Disabilities Act or Texas Architectural Barriers Act. “Cost Savings Improvements” will mean any capital improvements or replacements which are intended to reduce, stabilize or limit increases in Operating Costs. [The cost of Cost Savings Improvements will be amortized by spreading such costs uniformly over a term equal to the lesser of (a) the period of years over which the amount by which Operating Costs are reduced would be equal to the cost of such installation or (b) ten (10) years. The cost of Required Capital Improvements and depreciable (or amortizable) maintenance and repair items (e.g., painting of Common Areas, replacement of carpet in elevator lobbies), will be amortized by spreading such costs uniformly over a term equal to the lesser of (a) the period employed by Landlord for federal income tax purposes or (b) ten (10) years.]

Appears in 1 contract

Samples: Office Building Lease (Archipelago Learning, Inc.)

Operating Cost Examples. The following are, without limitation, examples of costs included within the computation of Operating Costs: (ia) garbage and waste disposal; (iib) janitorial service and window cleaning for the Project (including materials, supplies, light bulbs and ballasts standard to the Building, equipment and tools therefore and rental and depreciation costs related to any of the foregoing) or contracts with third parties to provide same; (iiic) security; (ivd) insurance premiums (including, without limitation, property, rental value, liability and any other types of insurance carried by Landlord with respect to the Project, the costs of which may include an allocation of a portion of the premium of a blanket insurance policy maintained by Landlord); (ve) business or excise taxes payable on account of Landlord’s ownership or operation of the Project (excluding any inheritance, estate succession, transfer, gift, franchise, corporation, income or profits tax imposed upon Landlord); (vif) real estate taxes, assessments, excises, and any other governmental levies and charges of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may during the Term be levied or assessed against, or arising in connection with the use, occupancy, operation or possession of, the Project, or any part thereof, or substituted, in whole or in part, for a real estate tax, assessment, excise or governmental charge or levy previously in existence, by any authority having the direct or indirect power to tax, including interest on installment payments and all costs and fees (including reasonable attorneys’ fees) incurred by Landlord in contesting or negotiating with taxing authorities as to same; provided, however, Landlord will have the option to pay any of the foregoing as rentals under a ground lease arrangement with the fee simple titleholder to the land upon which the Project is, or is to be, constructed; (viig) water and sewer charges and any add-ons; (viiih) operation, maintenance, and repair (to include replacement of components) of the Project, including but not limited to all floor, wall and window coverings and personal property in the Common Areas, Building systems such as heat, ventilation and air conditioning system, elevators, escalators, and all other mechanical or electrical systems serving the Building and the Common Areas and Service Areas and service agreements for all such systems and equipment; (ixi) charges for any easement maintained for the benefit of the Project; (xj) license, permit and inspection fees; (xik) compliance with any fire safety or other governmental rules, regulations, laws, statutes, ordinances or requirements imposed by any governmental authority or insurance company with respect to the Project during the Term hereof; (xii1) wages, salaries, employee benefits and taxes (or an allocation of the foregoing) for operating personnel working full or part time in connection with the operation, maintenance and management of the Project, provided such personnel are below management or high executive level; (xiiim) accounting and legal services (but excluding legal services in connection with negotiations and disputes with specific tenants unless the matter involved affects all tenants of the Project); (xivn) administrative and management fees for the Project and Landlord’s overhead expenses directly attributable to Project management; (xvo) indoor or outdoor landscaping; (xvip) depreciation (or amortization) of Required Capital Improvements and Cost Savings Improvements. “Required Capital Improvements” will mean capital improvements or replacements made in or to the Building in order to conform to any law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Project, including, without limitations, The Disabilities Acts. “Cost Savings Improvements” will mean any capital improvements or replacements which are intended to reduce, stabilize or limit increases in Operating Costs. [The cost of Cost Savings Improvements will be amortized by spreading such costs uniformly over a term equal to the lesser of (a) the period of years over which the amount by which Operating Costs are reduced would be equal to the cost of such installation or (b) ten (10) years. The cost of Required Capital Improvements and depreciable (or amortizable) maintenance and repair items (e.g., painting of Common Areas, replacement of carpet in elevator lobbies), will be amortized by spreading such costs uniformly over a term equal to the lesser of (a) the period employed by Landlord for federal income tax purposes or (b) ten (10) years.]

Appears in 1 contract

Samples: Lease Assignment & Assumption (Fulgent Genetics, Inc.)

Operating Cost Examples. The following are, without limitation, examples of costs included within the computation of Operating Costs: (i) garbage and waste disposal; (ii) janitorial service and window cleaning for the Project Building and the Common Areas and Service Areas (including materials, supplies, Building standard light bulbs and ballasts standard to the Buildingballasts, equipment and tools therefore therefor and rental and depreciation costs related to any of the foregoing) or contracts with third parties to provide same; (iii) security; (iv) insurance premiums (including, without limitation, property, rental value, liability and any other types of insurance carried by Landlord with respect to the ProjectBuilding and the Common Areas and Service Areas, the costs of which may include an allocation of a portion of the premium of a blanket insurance policy maintained by Landlord); (v) business or excise taxes payable on account of Landlord’s 's ownership or operation of the Project Building (excluding any inheritance, estate succession, transfer, gift, franchise, corporation, income or profits tax imposed upon Landlord); (vi) real estate taxes, assessments, excises, and any other governmental levies and charges of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may during the Term be levied or assessed against, or arising wising in connection with the use, occupancy, operation or possession of, the ProjectBuilding and the Common Areas and Service Areas, or any part thereof, or substituted, in whole or in part, for a real estate tax, assessment, excise or governmental charge or levy previously in existence, by any authority having the direct or indirect power to tax, including interest on installment payments and all costs and fees (including reasonable attorneys' fees) incurred by Landlord in contesting or negotiating with taxing authorities as to same; provided, however, Landlord will have the option to pay any of the foregoing as rentals under a ground lease arrangement with the fee simple titleholder to the land upon which the Project Building is, or is to be, constructed; (vii) water and sewer charges and any add-ons; (viii) operation, maintenance, and repair (to include replacement of components) of the ProjectBuilding, including but not limited to all floor, wall and window coverings and personal property in the Common Areas, Building systems such as heat, ventilation and air conditioning system, elevators, escalators, and all other mechanical or electrical systems serving the Building and the Common Areas and Service Areas and service agreements for all such systems and equipment; (ix) charges for any easement maintained for the benefit of the Project; (x) Building or the license, permit and inspection fees; Common Areas and Service Areas; (xi) compliance with any fire safety or other governmental rules, regulations, laws, statutes, ordinances or requirements imposed by any governmental authority or insurance company with respect to the Project during the Term hereof; (xii) wages, salaries, employee benefits and taxes (or an allocation of the foregoing) for operating personnel working full or part time in connection with the operation, maintenance and management of the Project, provided such personnel are below management or high executive level; (xiii) accounting and legal services (but excluding legal services in connection with negotiations and disputes with specific tenants unless the matter involved affects all tenants of the Project); (xiv) administrative and management fees for the Project and Landlord’s overhead expenses directly attributable to Project management; (xv) indoor or outdoor landscaping; (xvi) depreciation (or amortization) of Required Capital Improvements and Cost Savings Improvements. “

Appears in 1 contract

Samples: Office Building Lease (Preferred Voice Inc)

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Operating Cost Examples. The following are, without limitation, examples of costs included within the computation of Operating Costs: (i) garbage and waste disposal; (ii) janitorial service and window cleaning for the Project Building and the Common Areas and Service Areas (including materials, supplies, Building standard light bulbs and ballasts standard to the Buildingballasts, equipment and tools therefore therefor and rental and depreciation costs related to any of the foregoing) or contracts with third parties to provide same; (iii) security; (iv) insurance premiums (including, without limitation, property, rental value, liability and any other types of insurance carried by Landlord with respect to the ProjectBuilding and the Common Areas and Service Areas, the costs of which may include an allocation of a portion of the premium of a blanket insurance policy maintained by Landlord); (v) business or excise taxes payable on account of Landlord’s ownership or operation of the Project Building (excluding any inheritance, estate succession, transfer, gift, franchise, corporation, income or profits tax imposed upon Landlord); (vi) real estate taxes, assessments, excises, and any other governmental levies and charges of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may during the Term be levied or assessed against, or arising in connection with the use, occupancy, operation or possession of, the ProjectBuilding and the Common Areas and Service Areas, or any part thereof, or substituted, in whole or in part, for a real estate tax, assessment, excise or governmental charge or levy previously in existence, by any authority having the direct or indirect power to tax, including interest on installment payments and all costs and fees (including reasonable attorneys’ fees) incurred by Landlord in contesting or negotiating with taxing authorities as to same; provided, however, Landlord will have the option to pay any of the foregoing as rentals under a ground lease arrangement with the fee simple titleholder to the land upon which the Project Building is, or is to be, constructed; (vii) water and sewer charges and any add-ons; (viii) operation, maintenance, and repair (to include replacement of components) of the Project, including but not limited to all floor, wall and window coverings and personal property in the Common Areas, Building systems such as heat, ventilation and air conditioning system, elevators, escalators, and all other mechanical or electrical systems serving the Building and the Common Areas and Service Areas and service agreements for all such systems and equipment; (ix) charges for any easement maintained for the benefit of the ProjectBuilding or the Common Areas and Service Areas; (xix) license, permit and inspection fees; (xix) compliance with any fire safety or other governmental rules, regulations, laws, statutes, ordinances or requirements imposed by any governmental authority or insurance company with respect to the Project Building during the Term hereof; (xiixi) wages, salaries, employee benefits and taxes (or an allocation of the foregoing) for operating personnel working full or part time in connection with the operation, maintenance and management of the Project, provided such personnel are below management or high executive levelBuilding and the Common Areas and Service Areas; (xiiixii) accounting and legal services (but excluding legal services in connection with negotiations and disputes with specific tenants unless the matter involved affects all tenants of the ProjectBuilding); (xivxiii) administrative and management fees for the Project Building and Landlord’s overhead expenses directly attributable to Project Building management; (xvxiv) indoor or outdoor landscaping; (xvixv) depreciation (or amortization) of Required Capital Improvements and Cost Savings Improvements. “Required Capital Improvements” will mean capital improvements or replacements made in or to the Building in order to conform to any law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Building, including, without limitations, The Americans with Disabilities Act or Texas Architectural Barriers Act. “Cost Savings Improvements” will mean any capital improvements or replacements which are intended to reduce, stabilize or limit increases in Operating Costs. [The cost of Cost Savings Improvements will be amortized by spreading such costs uniformly over a term equal to the lesser of (a) the period of years over which the amount by which Operating Costs are reduced would be equal to the cost of such installation or (b) ten (10) years. The cost of Required Capital Improvements and depreciable (or amortizable) maintenance and repair items (e.g., painting of Common Areas, replacement of carpet in elevator lobbies), will be amortized by spreading such costs uniformly over a term equal to the lesser of (a) the period employed by Landlord for federal income tax purposes or (b) ten (10) years.]

Appears in 1 contract

Samples: Office Building Lease (Archipelago Learning, Inc.)

Operating Cost Examples. The following are, without limitation, ----------------------- examples of costs included within the computation of Operating Costs: (ia) garbage and waste disposal; (iib) janitorial service and window cleaning for the Project (including materials, supplies, light bulbs and ballasts standard to the Building, equipment and tools therefore therefor and rental and depreciation costs related to any of the foregoing) or contracts with third parties to provide same; (iiic) security; (ivd) insurance premiums (including, without limitation, property, rental value, liability and any other types of insurance carried by Landlord with respect to the Project, the costs of which may include an allocation of a portion of the premium of a blanket insurance policy maintained by Landlord); (ve) business or excise taxes payable on account of Landlord’s 's ownership or operation of the Project (excluding including, without limitation, any inheritance, estate succession, transfer, gift, franchise, corporation, income or profits state tax imposed upon LandlordLandlord as a substitute in whole or in part for, or in addition to, real property taxes assessed against the Premises as of the date of this Lease); (vif) real estate taxes, assessments, excises, and any other governmental levies and charges of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may during the Term be levied or assessed against, or arising in connection with the use, occupancy, operation or possession of, the Project, or any part thereof, or substituted, in whole or in part, for a real estate tax, assessment, excise or governmental charge or levy previously in existence, by any authority having the direct or indirect power to tax, including interest on installment payments and all costs and fees (including reasonable attorneys' fees) incurred by Landlord in contesting or negotiating with taxing authorities as to same; provided, however, that Landlord will have pay all such taxes and assessments over the option to pay any longest Exhibit C, page 2 period of time permitted by the foregoing as rentals under a ground lease arrangement with the fee simple titleholder to the land upon which the Project is, or is to be, constructedapplicable taxing authority; (viig) water and sewer charges and any add-ons; (viiih) operation, maintenance, and repair (to include replacement of components) of the Project, including but not limited to all floor, wall and window coverings and personal property in the Common Areas, Building systems such as heat, ventilation and air conditioning system, elevators, escalators, and all other mechanical or electrical systems serving the Building and the Common Areas and Service Areas and service agreements for all such systems and equipmentequipment (to the extent any of such costs constitute capital expenditures, then the last sentence of Subsection 2(p) below shall apply); (ixi) charges for any easement maintained for the benefit of the Project; (xj) license, permit and inspection fees; (xik) compliance with any fire safety or other governmental rules, regulations, laws, statutes, ordinances or requirements imposed by any governmental authority or insurance company with respect to the Project during the Term hereofhereof (to the extent any of such costs constitute capital expenditures, then the last sentence of Subsection 2(p) below shall apply); (xiil) wages, salaries, employee benefits and taxes (or an allocation of the foregoing) for operating personnel working full or part time in connection with the operation, maintenance and management of the Project, provided such personnel are below management or high executive level; (xiiim) accounting and legal services (but excluding legal services in connection with negotiations and disputes with specific tenants unless the matter involved affects all tenants of the Project); (xivn) administrative and management fees for the Project and Landlord’s 's overhead expenses directly attributable to Project management; (xvo) indoor or outdoor landscaping; (xvip) depreciation (or amortization) of Required Capital Improvements and Cost Savings Improvements. "Required Capital Improvements" will mean capital improvements or replacements made in or to the Building in order to conform to any future law, ordinance, rule, regulation or order of any governmental authority not existing as of the date of this Lease having jurisdiction over the project, including, without limitations, The Disabilities Acts. "Cost Savings Improvements" will mean any capital improvements or replacements which are intended to reduce, stabilize or limit increases in Operating Costs. The cost of Required Capital Improvements, Cost Savings Improvements and depreciable (or amortizable) maintenance and repair items (e.g., painting of Common Areas, replacement of carpet in elevator lobbies), will be amortized over the useful life of the applicable item in accordance with generally accepted accounting principles.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Operating Cost Examples. The following are, without limitation, ----------------------- examples of costs included within the computation of Operating Costs: (ia) garbage and waste disposal; (iib) janitorial service and window cleaning for the Project (including materials, supplies, light bulbs and ballasts standard to the Building, equipment and tools therefore therefor and rental and depreciation costs related to any of the foregoing) or contracts with third parties to provide same; (iiic) security; (ivd) insurance premiums (including, without limitation, property, rental value, liability and any other types of insurance carried by Landlord with respect to the Project, the costs of which may include an allocation of a portion of the premium of a blanket insurance policy maintained by Landlord); (ve) business or excise taxes payable on account of Landlord’s 's ownership or operation of the Project (excluding including, without limitation, any inheritance, estate succession, transfer, gift, franchise, corporation, income or profits state tax imposed upon LandlordLandlord as a substitute in whole or in part for, or in addition to, real property taxes assessed against the Premises as of the date of this Lease); (vif) real estate taxes, assessments, excises, and any other governmental levies and charges of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may during the Term be levied or assessed against, or arising in connection with the use, occupancy, operation or possession of, the Project, or any part thereof, or substituted, in whole or in part, for a real estate tax, assessment, excise or governmental charge or levy previously in existence, by any authority having the direct or indirect power to tax, including interest on installment payments and all costs and fees (including reasonable attorneys' fees) incurred by Landlord in contesting or negotiating with taxing authorities as to same; provided, however, that Landlord will have pay all such taxes and assessments over the option to pay any longest period of time permitted by the foregoing as rentals under a ground lease arrangement with the fee simple titleholder to the land upon which the Project is, or is to be, constructedapplicable taxing authority; (viig) water and sewer charges and any add-ons; (viiih) operation, maintenance, and repair (to include replacement of components) of the Project, including but not limited to all floor, wall and window coverings and personal property in the Common Areas, Building systems such as heat, ventilation and air conditioning system, elevators, escalators, and all other mechanical or electrical systems serving the Building and the Common Areas and Service Areas and service agreements for all such systems and equipment; (ixi) charges for any easement maintained for the benefit of the Project; (xj) license, permit and inspection fees; (xik) compliance with any fire safety or other governmental rules, regulations, laws, statutes, ordinances or requirements imposed by any governmental authority or insurance company with respect to the Project during the Term hereof; (xiil) wages, salaries, employee benefits and taxes (or an allocation of the foregoing) for operating personnel working full or part time in connection with the operation, maintenance and management of the Project, provided such personnel are below management or high executive level; (xiiim) accounting and legal services (but excluding legal services in connection with negotiations and disputes with specific tenants unless the matter involved affects all tenants of the Project); (xivn) administrative and management fees for the Project and Landlord’s 's overhead expenses directly attributable to Project management; (xvo) indoor or outdoor landscaping; (xvip) depreciation (or amortization) of Required Capital Improvements and Cost Savings Improvements. "Required Capital Improvements" will mean capital improvements or replacements made in or to the Building in order to conform to any future law, ordinance, rule, regulation or order of any governmental authority not existing as of the date of this Lease having jurisdiction over the Project, including, without limitations, The Disabilities Acts. "Cost Savings Improvements" will mean any capital improvements or replacements which are intended to reduce, stabilize or limit increases in Operating Costs. The cost of Required Capital Improvements, Cost Savings Improvements and depreciable (or amortizable) maintenance and repair items (e.g., painting of Common Areas, replacement of carpet in elevator lobbies), will be amortized over the useful life of the applicable item in accordance with generally accepted accounting principles.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

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