Operating Expenses Exclusions Sample Clauses

Operating Expenses Exclusions. Operating Expenses shall not include (a) depreciation on the Building; (b) debt service, rental under any ground or underlying lease, or interest, principal, points and fees on any mortgage or other debt instrument encumbering the Building (except that, as provided in Paragraph 7.1 above, Landlord may include interest in the amortization of certain capital expenditures); (c) legal expenses incurred in negotiating leases, collecting rents, evicting tenants or costs incurred in legal proceedings with or against any tenant or to enforce the provisions of any lease, (d) the cost of decorating, improving for tenant occupancy, painting or redecorating portions of the Building to be demised to tenants; (e) advertising expenses relating to vacant space; (f) real estate brokers’ or other leasing commissions; (g) costs for which Landlord is reimbursed by insurance or condemnation proceeds, other tenants or any other source, and Landlord shall use commercially reasonable efforts to pursue claims under existing warranties and/or guaranties or against other responsible third parties to pay such costs; provided, that, the cost of pursuing such claims shall be included in Operating Expenses; (h) any bad debt loss, rent loss, or reserves for bad debt loss or rent loss; (i) costs incurred in connection with the operation of the business of the entity constituting Landlord, as distinguished from the costs of operating the Building, including accounting and legal matters, costs of defending any lawsuits with any mortgagee, costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord’s interest in the Building; (j) Landlord’s political or charitable contributions; (k) the cost of any “tenant relations” parties, events or promotions; (l) insurance which is not customarily carried by institutional owners of Comparable Buildings; (m) costs to repair or replace the Project resulting from any insured casualty (except commercially reasonable deductibles under Landlord’s insurance policies may be included in Operating Expenses to the extent permitted pursuant to Paragraph 7.1(b)); (n) repairs, alterations, additions, improvements or replacements made to rectify or correct any defect in the design, materials or workmanship of the Project (as opposed to the cost of normal repair, maintenance and replacement expected in light of the specifications of the applicable construction materials and equipment) or to comply with any Applicable Laws in effect as of the S...

Operating Expenses Exclusions. 1.1 any increase in Landlord’s insurance rates which may result from the negligent failure of Landlord or its agents, employees or contractors to comply with the provisions of this Lease; 1.2 depreciation; 1.3 interest on and amortization of debt; 1.4 the cost of leasehold improvements, including redecorating work, for other tenants of the Building; 1.5 fees and expenses (including legal and brokerage fees) for procuring new tenants for the Building; 1.6 costs incurred in financing or refinancing of the Building; 1.7 the cost of any work or service performed for any tenant in the Building (other than Tenant) to a materially greater extent or in a materially more favorable manner than that furnished generally to tenants (including Tenant) in the Building; 1.8 the cost of any repair or replacement which would be required to be capitalized under generally accepted accounting principles except as set forth in Section 29 K(a)1.11; 1.9 the cost of any item included in Operating Expenses to the extent that Landlord is actually reimbursed for such cost by an insurance company, a condemning authority, another tenant of any other party; 1.10 ground rent; 1.11 to the extent paid for from the management fee, wages, salaries or other compensation paid to any employees at or below the grade of Building manager, and in any event, salaries or other compensation paid to employees above such grade; 1.12 wages, salaries or other compensation paid for clerks or attendant in concessions or newsstands operated by Landlord; 1.13 the cost of correcting defects (latent or otherwise) in the construction of the Building or in the Building equipment, except that conditions (other than construction defects) resulting from ordinary wear and tear shall not be considered defects for purposes hereof; 1.14 the cost of installing, operating and maintaining any specialty service (e.g., observatory, broadcasting facility, luncheon club, retail stores, newsstands or recreational club); 1.15 any costs representing an amount paid to a corporation related to Landlord which is in excess of the amount which would have been paid to an unrelated entity performing the same service; 1.16 payments for rented equipment outside the ordinary course of business; and 1.17 any expenses for repairs or maintenance to the extent reimbursed by warranties or service contracts.

Operating Expenses Exclusions. Operating Expenses shall exclude the following: A. Except as otherwise provided herein, including the nature preserve and driveway leading to the Real Estate, the portion of Operating Expenses which relate to more than one building or project to the extent that cost should be allocated to a building or project which is not occupied by Tenant, including, for example, employee expenses, office expenses, parking lot maintenance and repairs. All such expenses shall be allocated among the buildings or projects which benefit there from based upon the extent of benefit and shall generally be allocated on a Rentable Square Foot basis. No portion of any employee's wages, benefits, or taxes allocable to time spent on the development, marketing, leasing or collection of debts related to the Building shall be included in Operating Expenses;

Operating Expenses Exclusions. Subject to the provisions of the penultimate sentence of Section 10.1. the term Operating Expenses excludes: (a) all expenses and costs for structural repairs or replacements at the Building, and all expenses relating to the repair of the roof, including the roof membrane, of the Building. (b) all expenses and costs for repair of the heating, ventilating and air conditioning systems at the Building during the first Lease Year.

Operating Expenses Exclusions. Notwithstanding anything to the contrary contained in this Lease, "Operating Expenses" shall not include the following: (i) Landlord's brokerage fees or commissions, finder's fees, space planning costs, attorneys' fees and other costs incurred by Landlord in leasing or attempting to lease space or operate concessions in the Project, including design, construction and construction management costs relating to tenant improvements of other tenants; (ii) costs of design, entitlement, site preparation, planning, marketing, construction, and/or acquisition of new buildings, additional land or any expansion of or major physical change to the Building or the Project; (iii) except as set forth in Section 4.2.4 (xii) and Section 4.2.4 (xiii), costs of items considered capital repairs, replacements, improvements and equipment, or amortization or depreciation under generally accepted accounting principles consistently applied or otherwise except for minor capital improvements, tools or expenditures to the extent each such improvement or acquisition costs less than Three Thousand Dollars ($3,000) and the total cost of same are not in excess of Ten Thousand Dollars ($10,000) in any twelve (12) month period; (iv) except as set forth in Section 4.2.4 (xii) and Section 4.2.4 (xiii) and except to the extent reasonably required in connection with the operation, maintenance, or repair of the Project, costs for equipment or machinery incurred by Landlord after the Lease Commencement Date (unless same are reasonably anticipated to effectuate an annual reduction in Operating Expenses greater than the annual expense thereof to be included in Operating Expenses pursuant to the other terms and provisions hereof); (v) except as set forth in Section 4.2.4 (xii) and Section 4.2.4 (xiii), interest, principal, points and fees on debt or amortization on any mortgage, deed of trust or other debt secured, or unsecured, by the Project; (vi) repairs or replacements to any utility systems which are dedicated to the use of a single other tenant or concession operator; (vii) amounts paid for goods or services to any persons or entities related to Landlord in excess of the prevailing cost of such goods or services from competitive unrelated sources; (viii) any fee to or charge by Landlord (or any person and/or entity related to Landlord) for management, supervision, employee costs, profit and/or general XXXXXX REALTY [999 North Xxxxxxxxx] [Encore Software] overhead, and any bookkeeping and accou...

Operating Expenses Exclusions. Operating Expenses shall not include: 7.3.2.1 mortgage principal or interest; 7.3.2.2 ground lease payments; 7.3.2.3 loan prepayment penalties, premiums, fees or charges; 7.3.2.4 attorneys’ fees and disbursements, recording costs, mortgage recording taxes, title insurance premiums, title closer’s gratuity and other similar costs, incurred in connection with any mortgage financing or refinancing or execution, modification or extension of any ground lease; 7.3.2.5 attorneys’ fees and disbursements, brokerage commissions, transfer taxes, recording costs and taxes, title insurance premiums, title closer’s fees and gratuities and other similar costs incurred in connection with the sale or transfer of an interest in Landlord or the Building; 7.3.2.6 leasing commissions and other marketing and leasing costs; 7.3.2.7 costs of advertising space for lease in the Building;

Operating Expenses Exclusions. Notwithstanding Section 3.1.1 above, Operating Expenses shall not include any costs, charges, fees, expenses, taxes and/or assessments of any nature incurred by Landlord: (i) to market and/or lease the Property (including without limitation any leasing commissions), or related to improving leasable space in the Property for a third party tenant (including, without limitation, any costs, charges and/or expenses related to making / constructing leasehold improvements for other tenants); (ii) to enforce leases against other tenants; (iii) for services performed by an affiliate of Section 3.1.1.1 shall control in the event of any conflict between this Section and Section 3.1.1 above.

Operating Expenses Exclusions depreciation and amortization of the Building or Project and any equipment;

Operating Expenses Exclusions. Operating Expenses do not include: expenses for repairs, restoration or other work occasioned by fire, wind, the elements or other casualty to the extent they are covered by insurance proceeds; expenses incurred in leasing to or procuring of lessees; leasing commissions, advertising expenses and expenses for the renovating of space for new lessees; interest or principal payments on any mortgage or other indebtedness of Lessor; compensation paid to any employee of Lessor above the grade of property manager; any depreciation allowance or expense; federal income taxes of Lessor; Operating Expenses which are the responsibility of Lessee or that portion of after-hours charges specifically attributable to increased utility costs as calculated by Lessor.

Operating Expenses Exclusions. Cost of decorating, redecorating, or special cleaning or other services not provided on a regular basis to tenants of the building;