Common use of Property Maintenance Costs Clause in Contracts

Property Maintenance Costs. The term "Property Maintenance Costs" shall mean Tenant's Expense Share of all costs and expenses (except Landlord's Insurance Costs and Real Property Taxes) paid or incurred by Landlord in protecting, operating, maintaining, repairing and preserving the Property and all parts thereof, including without limitation, (i) market rate professional management fees of two percent (2%) of all base rent collected from tenants of the Property, (ii) the amortizing portion of any costs incurred by Landlord in the making of any modifications, alterations or improvements required by any governmental authority as set forth in Article 6, which are so amortized during the Lease Term, and (iii) such other costs as may be paid or incurred with respect to operating, maintaining, and preserving the Property, including, but limited to, repairing or replacing, when necessary, electrical, plumbing, heating, ventilating and air conditioning systems serving the Building, and repairing and resurfacing paved areas. "Property Maintenance Costs" shall not include the costs of repairing and/or replacing the foundation, the roof structure and the load-bearing and exterior walls of the Building. If any of the Property Maintenance Costs are partly based upon property unrelated to the Property (e.g., another portion of the Project), then only that part of Property Maintenance Costs that is fairly allocable to the Property shall be included in the definition of Property Maintenance Costs hereunder.

Appears in 2 contracts

Samples: Lease (Redback Networks Inc), Lease (Redback Networks Inc)

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Property Maintenance Costs. The term "Property Maintenance Costs" shall mean Tenant's Expense Share of all costs and expenses (except Landlord's ’s Insurance Costs and Real Property Taxes) paid or incurred by Landlord in protecting, operating, maintaining, repairing repairing, replacing and preserving the Property and all parts thereof, including without limitation, (i) market rate professional management fees of two percent (2%) of all base rent collected from tenants not exceeding 2 1/2% of the Propertyamount of Base Monthly Rent, if such fees are paid to Landlord or an affiliate or agent of Landlord, (ii) the amortizing portion of any costs incurred by Landlord in the making of any modifications, alterations or improvements required by any governmental authority as set forth in Article 6, which are so amortized during the Lease Term, and (iii) such other costs as may be paid or incurred with respect to operating, maintaining, and preserving the Property, includingsuch as repairing and painting the exterior surfaces, but limited toof the Building, repairing, replacing, and resurfacing paved areas, repairing or replacingand replacing structural parts of the Building, and repairing and replacing when necessary, electrical, plumbing, heating, ventilating and air conditioning systems serving the Building. Notwithstanding the foregoing, and repairing and resurfacing paved areas. "Property Maintenance Costs" Costs shall not include the costs of repairing and/or replacing the foundation, the roof structure and the load-bearing and exterior walls of the Building. If any of the Property Maintenance Costs are partly based upon property unrelated environmental remediation or costs attributable to the Property tenancy of others at the Property, or Landlord’s repair and maintenance obligations pursuant to paragraph 5.1(b). All capital items determined in accordance with generally accepted accounting principles (e.g., another portion of the Projectexcluding in any case items which are Landlord’s obligations under paragraph 5.1(b)), then only that part of Property Maintenance Costs that is fairly allocable to the Property shall be amortized over their useful life and included in the definition of as a Property Maintenance Costs hereunderOperating Expense.

Appears in 1 contract

Samples: Lease (Cardium Therapeutics, Inc.)

Property Maintenance Costs. The term "Property Maintenance Costs" shall mean Tenant's Expense Share of all costs and expenses (except Landlord's Insurance Costs and Real Property Taxes) paid or incurred by Landlord in protecting, operating, maintaining, repairing and preserving the Property and all parts thereof, including without limitation, (i) market rate professional management fees of two percent (2%) of all base rent collected from tenants of the Property, (ii) the amortizing portion of any costs incurred by Landlord in the making of any modifications, alterations or improvements required by any governmental authority as set forth in Article 6, which are so amortized during the Lease Term, and (iiiii) such other costs as may be paid or incurred with respect to operating, maintaining, and preserving the Property, including, but limited tosuch as repairing and resurfacing the exterior surfaces of the Buildings (including roofs), repairing or and resurfacing paved areas, repairing and replacing structural parts of the Buildings, and repairing and replacing, when necessary, electrical, plumbing, heating, ventilating and air conditioning systems serving the BuildingBuildings; provided, however, that with respect to items referred to in clause 11 above that are treated as capital items under generally accepted accounting principles, the cost of such capital items (together with interest thereon at the rate Landlord is or would be required to pay in order to borrow funds to finance the replacement of any such capital item) shall be amortized over their useful life in accordance with generally accepted accounting principles, and repairing and resurfacing paved areas. "Property Maintenance Costs" Tenant shall not include the costs of repairing and/or replacing the foundation, the roof structure and the load-bearing and exterior walls of the Building. If any of the Property Maintenance Costs are partly based upon property unrelated be responsible only for such amortized portion thereof that corresponds to the Property remaining Lease Term (e.g., another portion of the Projectincluding any extensions thereof), then only that part of Property Maintenance Costs that is fairly allocable to the Property shall be included in the definition of Property Maintenance Costs hereunder.

Appears in 1 contract

Samples: Xpeed Networks Inc

Property Maintenance Costs. The term "Property Maintenance Costs" shall mean Tenant's Expense Share of all costs and expenses (except Landlord's Insurance Costs and Real Property Taxes) paid or incurred by Landlord in protecting, operating, maintaining, repairing repairing, replacing and preserving the Property and all parts thereof, including without limitation, (i) market rate professional management fees of two percent (2%) of all base rent collected from tenants not exceeding 2 1/2 % of the Propertyamount of Base Monthly Rent, if such fees are paid to Landlord or an affiliate or agent of Landlord, (ii) the amortizing portion of any costs incurred by Landlord in the making of any modifications, alterations or improvements required by any governmental authority as set forth in Article 6, which are so amortized during the Lease Term, and (iii) such other costs as may be paid or incurred with respect to operating, maintaining, and preserving the Property, includingsuch as repairing and painting the exterior surfaces, but limited toof the Building, repairing, replacing, and resurfacing paved areas, repairing or replacingand replacing structural parts of the Building, and repairing and replacing when necessary, electrical, plumbing, heating, ventilating and air conditioning systems serving the Building. Notwithstanding the foregoing, and repairing and resurfacing paved areas. "Property Maintenance Costs" Costs shall not include the costs of repairing and/or replacing the foundation, the roof structure and the load-bearing and exterior walls of the Building. If any of the Property Maintenance Costs are partly based upon property unrelated environmental remediation or costs attributable to the Property tenancy of others at the Property, or Landlord's repair and maintenance obligations pursuant to paragraph 5.1(b). All capital items determined in accordance with generally accepted accounting principles (e.g., another portion of the Projectexcluding in any case items which are Landlord's obligations under paragraph 5.1(b)), then only that part of Property Maintenance Costs that is fairly allocable to the Property shall be amortized over their useful life and included in the definition of as a Property Maintenance Costs hereunderOperating Expense.

Appears in 1 contract

Samples: Copper Mountain Networks Inc

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Property Maintenance Costs. The term "Property Maintenance Costs" shall mean Tenant's ’s Expense Share of all costs and expenses (except Landlord's ’s Insurance Costs and Real Property Taxes) paid or incurred by Landlord in protecting, operating, maintaining, repairing and preserving the Property and all parts thereof, including without limitation, (i) market rate professional management fees of two percent (2%) of all base rent collected from tenants of the Property, (ii) the amortizing portion of any costs incurred by Landlord in the making of any modifications, alterations or improvements required by any governmental authority as set forth in Article 6, which are so amortized during the Lease Term, and (iii) such other costs as may be paid or incurred with respect to operating, maintaining, and preserving the Property, including, but limited to, repairing or replacing, when necessary, electrical, plumbing, heating, ventilating and air conditioning systems serving the Building, and repairing and resurfacing paved areas. "Property Maintenance Costs" shall not include the costs of repairing and/or replacing the foundation, the roof structure and the load-bearing and exterior walls of the Building. If any of the Property Maintenance Costs are partly based upon property unrelated to the Property (e.g., another portion of the Project), then only that part of Property Maintenance Costs that is fairly allocable to the Property shall be included in the definition of Property Maintenance Costs hereunder.

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

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