Common Area Expenses definition
Common Area Expenses means all actual costs and expenses incurred by Landlord in connection with the ownership, operation, management and maintenance of the Common Areas, the Building, Property, and related improvements located thereon (the “Improvements”). Common Area Expenses includes, but is not limited to, all expenses incurred by Landlord as a result of Landlord’s compliance with any and all of its obligations under this Lease (or under similar leases with other tenants) other than the performance of its work under Section 2.3 of this Lease or similar provisions of leases with other tenants. Common Area Expenses do not included Common Area Expenses Exclusions. In explanation of the foregoing, and not in limitation thereof, Common Area Expenses shall include:
(i) all real and personal property taxes, local improvement rates, and other ad valorem assessments (whether general or special, known or unknown, foreseen or unforeseen) and any tax or assessment levied or charged in lieu thereof, whether assessed against Landlord and/or Tenant and whether collected from Landlord and/or Tenant, including, without limitation, any privilege or excise tax, provided, however that Common Expenses shall not include any income, franchise or corporate tax, sales, capital levy, capital stock, excess profits, transfer, revenue, or any other tax, assessment or charge upon or measured by rent payable to Landlord, unless such amounts payable on rents are assessed in lieu of real and personal property taxes;
(ii) the cost of all insurance maintained by Landlord on or with respect to the Building, the Improvements, the Common Areas or the Property, including, without limitation, casualty insurance, liability insurance, rental interruption, workers compensation, any insurance required to be maintained by Landlord’s lender, and any deductible applicable to any claims made by Landlord under such insurance;
(iii) snow removal, trash removal, cost of services of independent contractors, cost of compensation (including employment taxes and fringe benefits) of all persons who perform regular and recurring duties connected with day‑to‑day operation, maintenance, repair, and replacement of the Building, the Improvements, the Common Areas or the Property, its equipment and the adjacent walk and landscaped area (including, but not limited to janitorial, scavenger, gardening, security, parking, elevator, painting, plumbing, electrical, mechanical, carpentry, window washing, structural and roof repairs and rese...
Common Area Expenses as used in this Lease, shall mean all costs and expenses incurred by Landlord in (a) operating, managing, policing, insuring, repairing and maintaining the Common Area and the onsite management and/or security offices, merchants' association offices, postal services, parking structures, if any, nonprofit community buildings and child care centers located in the Shopping Center from time to time ("Common Facilities"), (b) maintaining, repairing and replacing the exterior surface of exterior walls (and storefronts and storefront awnings if Landlord has elected to include the cleaning of same as part of Common Area maintenance) and maintaining, repairing and replacing roofs of the buildings from time to time constituting the Shopping Center, and (c) operating, insuring (including reasonable reserves for deductibles and any self-insured retention), repairing, replacing and maintaining all utility facilities and systems including, without limitation, sanitary sewer lines and systems, fire protection lines and systems, security lines and systems and storm drainage lines and systems not exclusively serving the premises of any tenant or store ("Common Utility Facilities"), mall furniture and equipment, seasonal and holiday decorations, Common Area lighting fixtures, Shopping Center sign monuments and directional signage. Common Area Expenses shall include, without limitation, the following: Expenses for maintenance, landscaping, repaving, resurfacing, repairs, replacements, painting, lighting, cleaning, trash removal, security, fire protection and similar items; nonrefundable contributions toward reserves for replacements other than equipment; depreciation or rental on equipment; charges, surcharges and other levies related to the requirements of any Federal, state or local governmental agency; expenses related to the Common Utility Facilities; Taxes on the improvements and land comprising the Common Area; public liability and property damage insurance on the Common Area; standard "all risks" fire and extended coverage insurance with, at Landlord's option, an earthquake damage endorsement covering the Common Facilities; Tenant's reasonably allocated share of the costs of the maintenance and operation of the Shared Parking Areas; and a sum payable to Landlord for administration and overhead in an amount equal to [***] of the Common Area Expenses for the applicable year. Specifically excluded from the Common Area Expenses are "Food Court Expenses", as more particula...
Common Area Expenses means the total cost and expenses paid or incurred by Landlord in connection with the management, operation and maintenance of the Common Area (as defined in Section 5.2), including without limitation each of those items specified under "Building Expenses" to the extent applicable to the Common Area.
Examples of Common Area Expenses in a sentence
Tenant is required to pay its pro rata share of Common Area Expenses and its pro rata share of the Center's real property taxes and insurance cost.
Without limiting the generality of the foregoing, any uses for utilities which are in excess of normal operating uses for offices, including, without limitation, those relating to supplemental heating or cooling requirements, may, at Landlord’s option, be sub-metered and billed separately to Tenant and shall not be included as part of Common Area Expenses.
Within ninety (90) days of the end of the calendar year for which estimates of Additional Rent were made, or as soon thereafter as practicable, Landlord shall provide Tenant its statement of actual Common Area Expenses, Insurance Premiums, and Real Estate Taxes, and Tenant’s Proportionate Share of actual Additional Rent due for such year shall be calculated.
Landlord shall keep full and accurate books of account, records and other pertinent data regarding Common Area Expenses.
During the Term, Tenant hereby agrees to reimburse Landlord as part of the Common Area Expenses for Tenant’s pro rata share of any Landlord Carried Insurance attributable to the Common Area and to reimburse Landlord for Landlord Carried Insurance attributable to the Tenant’s Building and Improvements.
More Definitions of Common Area Expenses
Common Area Expenses means all reasonable and necessary expenses paid or incurred by Landlord in connection with Landlord's management of the Real Property, and the management, maintenance, operation and repair of the exterior areas of the Real Property, including, but not limited to, (i) keeping the driveways, parking areas, sidewalks and steps free and clear of ice, snow and debris; (ii) maintaining all grass and landscaping on the Real Property; (iii) repair of normal wear and tear of the roof and caulking; (iv) trash removal from dumpsters on the Real Property, if any; (v) monitoring, repairing and payment of water, sewerage, unmetered or metered sprinkler and exterior electrical utilities; (vi) management fees not to exceed 2.5% of the Basic Annual Rent payable by Tenant hereunder; and (vii) all structural repairs not caused or necessitated by the acts of Tenant or Tenant's equipment. Common Area Expenses shall exclude, or have deducted from them, as the case may be and as shall be appropriate:
(1) Any cost or expense related to financing or refinancing;
(2) Payment on ground leases;
(3) Repairs or other work occasioned by fire, wind storm, earthquakes or other casualty or hazard to the extent that Landlord shall actually receive proceeds from insurance;
(4) Repairs or rebuilding necessitated by a condemnation to the extent that Landlord has received condemnation proceeds for such repairs or rebuilding;
(5) Depreciation of the Leased Premises or amortization of any mortgage;
(6) Charges for Landlord's income tax, franchise tax or similar taxes on Landlord's business;
(7) Fines, fees and penalties related to Landlord's obligations under this Lease;
(8) Management fees in excess of 2.5% of the Basic Annual Rent; and.
(9) Any cost incurred by the Landlord to correct the latent defects for which it is responsible hereunder.
Common Area Expenses is defined in Section 7.3.
Common Area Expenses means collectively the “Building Operating Expenses” and the “Project Operating Expenses”.
Common Area Expenses means -------------------- all costs incurred by Landlord for the operation, maintenance and repair of the Common Areas, including, without limitation, (i) maintenance, repair and resurfacing of the parking areas and maintenance, repair and replacement of Common Area lighting standards (except that if the cost of such resurfacing or replacement is not fully chargeable to current account in the year incurred in accordance with generally accepted accounting principles, such cost shall be amortized over its useful life and only the yearly amortization included in Common Area Expenses); cleaning, sweeping, repainting and restriping the parking areas; maintenance of refuse receptacles, landscaping, common utility lines serving all tenants of the Shopping Center, directional signs and other markers; Common Area utility costs; provided, however, that the parties hereby agree that Common Area Expenses under this clause (i) may include, without limitation, all amounts paid by Landlord as "Common Area Maintenance Expenses" under the CC&R's as modified by the Separate Agreement, and (ii) if not maintained by the "Operator" under the CC&R's as a part of "Common Area Maintenance Expenses" under the CC&R's, costs of Landlord's policy of commercial general liability insurance for the Common Areas and, if maintained by Landlord, an All Risk Policy for Common Area improvements on Landlord's Parcel in an amount equal to the full replacement value thereof (subject only to reasonable deductible amounts). Except to the extent specifically otherwise provided in this Lease, unless included within amounts payable by Landlord as "Common Area Maintenance Expenses" under the CC&R's as modified by the Separate Agreement, in no event shall "Common Area Expenses" include any expenditures which, in accordance with -------------------- generally accepted accounting principles, are not fully chargeable to current account in the year the expenditure is incurred.
Common Area Expenses as used herein shall mean all sums expended by Landlord and Ground Lessor in connection with the operation, maintenance, repair or replacement of the Common Area, including premiums paid for adequate public liability and property damage insurance (which insurance Landlord is hereby required to maintain throughout the Term); provided, however, that Common Area Expenses shall not include Landlord's overhead, administrative and general office expenses except as may be incurred relative to persons directly employed to perform Common Area operation, maintenance, repair or replacement services, expense for any work which Landlord performs for any other tenant of the Research Park, expenses for repairs or other work to correct original construction defects or occasioned by condemnation or by fire, windstorm, or other insurable casualty, expenses incurred in leasing or procuring new tenants for the Research Park, legal expenses incurred in enforcing the terms of any lease pertaining to the Research Park, interest or amortization payments on any mortgage or deed of trust pertaining to the Research Park, gross or net income taxes imposed on Landlord or on any rental revenue received by Landlord, expenses directly payable by any tenant of the Research Park, any costs, fines and the like due to Landlord's violation of any governmental rule or regulation; or the cost of any items for which Landlord is reimbursed by third parties, but only to the extent of such reimbursement. Any Common Area Expenses that are required to be capitalized, in accordance with generally accepted accounting principles, shall be amortized and charged in accordance with generally accepted accounting practices. Only the annual amortized amounts of any such expenses shall be included in Common Area Expenses. The cost of any capital improvements not in repair or replacement of existing improvements shall not be included in Common Area Expenses. Landlord may cause any or all of said operation and management responsibilities to be performed by an independent contractor or contractors. Tenant shall pay to Landlord Tenant's pro rata share of such Common Area Expenses in the following manner:
Common Area Expenses means all costs and expenses incurred in each calendar year in connection with operating, maintaining, repairing and managing the shared Common Areas of the Buildings and the Property. Landlord agrees to act in commercially reasonable manner in incurring Common Area Expenses, taking into consideration the class and quality of the Common Areas of the Buildings and the Property. Common Area Expenses include, without limitation:(a) security for the shared Common Areas of the Buildings; (b) electricity, gas and other utility costs with respect to the shared Common Areas of the Buildings; (c) repairs to the shared Common Areas of the Buildings; and (d) the amortized cost of capital improvements (as distinguished from replacement parts or components installed in the ordinary course of business) made subsequent to the Commencement Date which are: (1) intended to effect economies in the operation or maintenance of the Property, reduce current or future Common Area Expenses, enhance the safety or security of the Property or its occupants, or enhance the environmental sustainability of the Property’s operations, (2) replacements or modifications of nonstructural items located in the Base Building or Common Areas of the Buildings that are required to keep the Base Building or Common Areas of the Buildings in good condition, or (3) required under any Law that is enacted, or first interpreted to apply to the Property, after the date of the Lease. The cost of capital improvements shall be amortized by Landlord over the lesser of the Payback Period (defined in Section 2.01 above) or the useful life of the capital improvement as reasonably determined by Landlord. Common Area Expenses shall not include any costs and expenses incurred with respect to the Common Areas located In the Office Building and the Common Areas located in the Science Building.
Common Area Expenses shall include all costs and expenses incurred by Sublessor for the operation, maintenance, repair and replacement of the Common Area and for the management of the Property, including without limitation expenses for: (i) property management fees for Property; (ii) cleaning, sweeping and janitorial services; (iii) removal of rubbish; (iv) snow and ice removal’; (v) labor (including payment of wages, benefits and payroll taxes) to maintain the Common Area; (vi), materials and supplies in connection with the operation and maintenance of the Common Area; (vii) providing and maintaining utility systems and services, including payment of sewer service fees; (viii) maintaining, repairing, reserving for replacement of and replacing all sidewalks, curbs, walkways and paved areas, as well as the roof and structural portions of the all portions of the Property; (ix) landscaping, planting and irrigation systems; (x) signs; (xi) trash facilities, loading and delivery areas; (xii) lighting, drainage, and directional markers and bumpers; (xiii) maintaining and repairing security systems and alarms; (xiv) payment of premiums for workers’ compensation insurance, commercial general liability insurance and casualty insurance maintained by Sublessor with respect to the Property, as well as any deductible under any insurance which Sublessor pays in connection thereto;, (xv) payment of rental cost for or straight-line depreciation on tools, machinery and equipment used in connection with the Common Area; (xvi) payment of all personal property taxes and assessments levied or assessed against personal property located on or used to maintain the Common Area; (xvii) payment of any regulatory fee or surcharge or similar imposition imposed by governmental requirements; (xviii) payment of the cost of a security service and/or security system if Sublessor determines that such security is necessary, including servicing, maintaining and monitoring any fire sprinkler system; (xix) any alterations, additions, or improvements required to be made to the Common Area in order to comply with applicable laws, orders or regulation; and, (xx) all other items necessary to keep the Common Area in a state of good sanitary condition and repair.