OPERATING COST PASS THROUGH Clause Samples

OPERATING COST PASS THROUGH. For purposes of this Lease, the following terms shall have the following meanings: "

OPERATING COST PASS THROUGH. For purposes of this Lease, the following terms shall have the following meanings: "Parcel" means the land owned by Landlord on which the Building is located. "Tenant's Share" means and is conclusively agreed to be 35 % . In addition to Base Rent and adjustments thereto, Tenant shall pay to Landlord as additional rent Tenant's Share of all taxes (including, without limitation, all real estate taxes), assessments, insurance costs, common area cleaning, landscaping, electricity, water, sewer, garbage and trash removal, pest control, management fees (5% of gross rents, excluding sales tax), other utility services, operating costs, maintenance costs, service contracts, non-capital repair or replacement costs, impositions, governmental liens and any other charges, costs and expenses of Landlord of any nature and sort whatsoever, ordinary, foreseen, or unforeseen, computed on the accrual basis, which arise from Landlord's ownership, operation or use of the Parcel or Building, or any part thereof ("Operating Costs"). Operating Costs shall exclude only (i) electricity, water, sewer, and gas serving the Premises which shall be separately metered and paid by Tenant, (ii) janitorial, security, and telephone service to the Premises which shall be provided by Tenant at Tenant's sole expense, (iii) any ground lease rental, (iv) capital expenditures, (v) costs incurred by Landlord for the repair of damage to the Building, to the extent Landlord is reimbursed by insurance proceeds, (vi) depreciation, amortization, lease payments and interest payments, (vii) costs for which Landlord has been compensated by a management fee, (viii) costs arising from the presence of hazardous substances in or about the Building before the Commencement Date, (ix) cost for maintaining and repairing the roof and structure of the Building and annual expenditures which are deemed capital improvements, (x) interest, principal, points and fees on debts or amortization on any mortgages or any other debt instrument encumbering the Building, (xi) the replacement of any air conditioning or heating system components serving the Premises, the cost of which shall be borne solely by Tenant (as further provided in Section 14 hereof), (xii) leasing commissions or fees, (xiii) improvements to any tenant space, and (xiv) federal income tax. Notwithstanding anything to the contrary contained herein, nothing set forth in this Section shall in any way be construed as a representation by Landlord or a requirement...