Operating Expenses Defined. “Operating Expenses” means all costs and expenses incurred or accrued in each calendar year in connection with the ownership, operation, maintenance, management, repair and protection of the Property which are directly attributable or reasonably allocable to the Building, including Landlord’s personal property used in connection with the Property and including all costs and expenditures relating to the following:
Operating Expenses Defined. Operating Expenses", as used in this Lease, means all amounts paid or accrued by Landlord per calendar year for the operation and maintenance of the Project or the land on which it is situated, and the equipment, fixtures and facilities used in connection therewith, including the parking area. Operating Expenses includes, but is not limited to the cost of utilities, building supplies, janitorial and window cleaning services, normal maintenance and repair of the Project and the common areas (including elevators, if any, and the periodic refurbishing of the common areas), heating and air-conditioning, waste disposal, lighting, maintenance of fire protection and security systems, planting and landscaping, landscape maintenance, taxes (defined below), insurance premiums (including boiler and machinery, fire and extended coverage, earthquake, flood, rental and public liability insurance), and all labor, supplies, materials, tools, professional fees, management fees, wages, salaries and payroll burden of the Project manager, clerical maintenance and other employees directly associated with the operation of the Project, (including Project office rent or rental value, office supplies and materials, and all other items constituting operating and maintenance costs in connection with the Project and land according to generally accepted accounting principles). Operating Expenses shall not include the following: (a) depreciation of the Project, (b) leasing commissions, (c) repairs and restorations paid for by the proceeds of any insurance policy or (d) construction of improvements of a capital nature, except for the cost, or a portion thereof properly allocable to the Project, of any capital improvements made to the Project specifically to reduce Operating Expenses, or required to be made to the Project specifically to reduce Operating Expenses, or required to be made to the Project under any governmental law or regulation not applicable to the Project at the time it was constructed. Such cost shall be amortized over such reasonable period of time as Landlord shall determine, (e) ground rent, (f) debt service, (g) income and franchise taxes other than that portion, if any, of income and franchise taxes which may hereinafter be assessed and paid in lieu of or as a substitute in whole or in part for Taxes.
Operating Expenses Defined. The term “Operating Expenses” shall be determined as if the Project were at least ninety five percent (95%) occupied, with the Operating Expenses based on actual Operating Expenses if ninety five percent (95%) or greater occupancy, and shall mean the following:
A. All costs and expenses paid or incurred by Landlord in doing the following (including payments to independent contractors providing services related to the performance of the following): (i) maintaining, cleaning, repairing and resurfacing the roof (including repair of leaks) and the exterior surfaces (including painting) of all buildings located on the Project and maintaining and repairing the structural components of the Building; (ii) maintenance of the liability, fire, property damage and any other insurance covering the Project carried by Landlord pursuant to Section 9.2 or otherwise (including the prepayment of premiums for coverage of up to one year); (iii) maintaining, repairing, operating and replacing when necessary HVAC equipment, utility facilities and other building service equipment; (iv) providing utilities to the Project (including lighting, trash removal and water for landscaping irrigation); (v) complying with all applicable Laws and Private Restrictions; (vi) operating, maintaining, repairing, cleaning, painting, restriping and resurfacing the Common Area; (vii) replacement or installation of lighting fixtures, directional or other signs and signals, irrigation systems, trees, shrubs, ground cover and other plant materials, and all landscaping in the Common Area; (viii) providing the utilities and services described in this Lease other than those which are described as being separately chargeable to Tenant; (ix) providing security, if any; and (x) to the extent Landlord elects to include such in Operating Expenses, costs incurred pursuant to Section 5.4;
B. The following costs: (i) Real Property Taxes as defined in Section 8.3; (ii) the amount of any deductible paid by Landlord under any insurance maintained by Landlord; (iii) the cost to repair damage caused by an Uninsured Peril up to a maximum amount in any twelve (12) month period equal to four percent (4%) of the replacement cost of the Project; and (iv) that portion of all compensation (including benefits and premiums for workers* compensation and other insurance) paid to or on behalf of employees (at or below the level of property manager) of Landlord but only to the extent they are involved in the performance of the wor...
Operating Expenses Defined. The term “Operating Expenses” shall mean the following:
Operating Expenses Defined. As used herein, the term "Operating Expenses" shall mean all expenses, costs and disbursements of every kind and nature, except as specifically excluded otherwise herein, which Landlord incurs because of or in connection with the ownership, maintenance, management and operation of the Project, determined in accordance with sound management accounting principles and not to exceed 100% of the amounts actually incurred by Landlord; provided that (i) if the Building, Phase II Buildings, or Project is less than 95% occupied, all additional costs and expenses of ownership, operation, management and maintenance of the Building or Project, as applicable, that vary with occupancy, which Landlord determines that it would have paid or incurred during any Calendar Year if the Building, Phase II Buildings or Project, as applicable had been 95% occupied; and (ii) if the Building, Phase II Buildings or Project, as applicable is equal to or greater than 95% occupied, all costs and expenses of ownership, operation, management and maintenance of the Building or Project, as applicable, that vary with occupancy, which Landlord determines that it would have paid or incurred during any Calendar Year if the Building, Phase II Buildings or Project, as applicable, had been 100% occupied. With respect to Operating Expenses shared among the Building and one or more Other Buildings or relating to amenities or services provided only to, or used on a disproportionate basis by, Tenant or other specific tenants, Landlord shall allocate on an equitable basis such Operating Expenses to the Building and Other Buildings or among specific tenants of the Project, as determined in Landlord’s reasonable discretion; provided that (a) in accordance with the Phase II Easement Agreement, fifty percent (50%) of the Operating Expenses of the Amenity Building and the Phase II Common Area shall be allocated to the Building, (b) in accordance with the Sports Park Easement Agreement, twenty five percent (25%) of the Operating Expenses of the Sports Park shall be allocated to the Building and (c) in accordance with the Phase II Easement Agreement, forty percent (40%) of the Operating Expenses of the Phase II Parking Garage shall be allocated to the Building. Operating Expenses may include, without limitation, all costs, expenses and disbursements incurred or made in connection with the following:
Operating Expenses Defined. 9 7.3 Exclusions from Operating Expenses......................................................11 7.4
Operating Expenses Defined. The term "Operating Expenses" shall mean those reasonable expenses paid by the Lessor in respect to the Building for those repairs set forth herein, charges for electricity, water, gas, sanitary sewer and other public utilities, snow removal, landscaping expenses, Building Common Area utilities, premiums for casualty insurance on the Building, and the cost, as reasonably amortized by the Lessor, of any capital improvement made after the first Lease Year which reduces other Operating Expenses, but in an amount not to exceed such reduction for the relevant year. Operating Expenses shall not include: (i) the cost and expense to Lessor for Major Repairs as defined herein), (ii) the cost to the Lessor of any work or service performed in any instance for any tenant (including the Lessee)at the cost of such tenant, (iii) the amortization of any capital improvement without Lessee's consent, (iv) Lessor's depreciation of the Building, debt service, capital expenditures other than included above, taxes on income, franchise taxes, payments to affiliates of Lessor not expressly approved by Lessee, management salaries or fees, tenant allowances and other expenditures in connection with the preparation of space for use by a tenant or a prospective tenant and casualty loss or damage and repairs and other expenses related thereto.
Operating Expenses Defined. As used herein, the term "Operating Expenses" shall mean all expenses and costs of every kind and nature which Landlord incurs because of or in connection with the ownership, maintenance, management and operation of the Building (which expressly includes the Land, the Building and the Common Area), if the Building is less than ninety-five percent (95%) occupied, including all additional costs and expenses of operation, management and maintenance of the Building, which Landlord reasonably determines that it would have paid or incurred during any Calendar Year if the Building had been ninety-five percent (95%) occupied. If, during all or any part of a calendar year, any part of the Building is leased to a tenant (hereinafter referred to as a "Special Tenant") which, in accordance with the terms of its lease, provides its own cleaning and janitorial services, has separately metered electrical service or is not otherwise required to pay Operating Expense Increases on the basis of operating expenses for the Building which include substantially the same components as the Operating Expenses (as defined in Section 7.2), the Operating Expenses for such calendar year shall be increased by the additional costs for cleaning and janitorial service, electricity and the other expenses, as reasonably estimated by Landlord, that would have been incurred by Landlord if Landlord had furnished and paid for cleaning and janitorial services for the space occupied by the Special Tenant, the space occupied by the Special Tenant was not separately metered for electricity or Landlord had furnished and paid for any other service which the Special Tenant did not receive and which was not included in operating expenses as defined in the Special Tenant's lease. Operating Expenses shall include, without limitation, all costs, expenses and disbursements incurred or made by or for Landlord in connection with the following to the extent such expenses are reasonably allocable to operation and maintenance of Building and have not been directly or indirectly accounted for otherwise:
Operating Expenses Defined. The term "Operating Expenses" shall mean any and all expenses incurred by Landlord in connection with the operation, maintenance and repair of the Building during the Term of this Lease. By way of example but without limitation, Operating Expenses shall include any and all of the following charges not otherwise paid directly by Building tenants: electricity, natural gas, water and sewer services for the Common Areas; rubbish collection services; janitorial service attributable to the Common Areas; elevator maintenance and repair; casualty, loss of rent, liability and all other Building insurance; cleaning of windows and exterior curtain walls; snow removal service charges; Building management fees and costs; telephone; reasonable legal expenses incurred by Landlord with respect to a review and/or appeal of the Building's real estate tax assessment and with respect to other Building operation matters; accounting fees; and capital improvements that decrease Operating Expenses or are made to comply with government requirements enacted after the Commencement Date, amortized ratably over the life of the improvement with interest at the prime commercial rate in effect from time to time at Xxxxx National Bank of Washington, D.C., or any successor thereto on the unamortized amount; including any such additional services not provided to the Building at the Commencement Date but thereafter provided by Landlord in the prudent management of the Building. "Operating Expenses" shall not include any of the following: expenses for capital improvements or expenditures (as defined for Federal income tax purposes) made to the Building (other than the capital improvements identified above); expenses or allowances for painting, redecorating or other work which Landlord performs for or grants to any tenant (including Tenant) in the Building; interest, amortization or other payments of loans to Landlord whether secured or unsecured (other than relating to included capital improvements identified above); depreciation of the Building; ground rent; leasing commissions; advertising for vacant space; salaries for Landlord's executive personnel; any income, excess profits, or franchise taxes or other such taxes imposed on or measured by the income of Landlord from the operation of the Building; legal fees (except for legal fees expressly identified above); costs of enforcement of leases; any cost representing an amount paid for services or materials to a related person, firm or entity...
