Operating Costs Exclusions definition
Operating Costs Exclusions is defined in Section 4.2(a)(ii) herein.
Operating Costs Exclusions means (i) the initial construction cost of the Project, or the costs of Tenant Improvements to be paid pursuant to the Work Letter, or depreciation of such costs; (ii) debt service (including, without limitation, interest, principal and any impound payments) required to be made on any mortgage or deed of trust recorded with respect to all or any part of the Project other than debt service and financing charges imposed pursuant to Section 3.4.1(i)(viii); (iii) any rent payable under any ground lease now or hereafter affecting the Project; (iv) leasing commissions and other costs and expenses incurred in connection with negotiations or disputes with prospective or present tenants in the Project; (v) expenditures relating to the repair of the structural components of each of the following: foundations, exterior walls, roof and any interior load bearing walls of the Building (but with respect to the roof these provisions do not exclude and Tenant shall, subject to Section 3.4.1(i), Section 3.4.1(j)(vi) and Section 7.2, bear all other roof costs); (vi) expenditures allocable to the first twelve (12) months of the Term of this Lease for necessary repairs of the window glazing, roof membrane and expenditures for repair of the heating, ventilating and air conditioning systems of the Building which exceed the cost of the contract for maintenance of the heating, ventilating and air conditioning system; (vii) capital expenditures relating to repairs, alterations or improvements to the Building or the Project required by governmental authorities to comply with building code provisions existing as of the Lease Date or required to comply with requirements of Landlord's Insurance or of covenants, conditions and restrictions applicable as of the Lease Date; (viii) costs, expenses and expenditures to the extent incurred with respect to other buildings designed for occupancy by tenants in the Project, as distinguished from costs, expenses and expenditures incurred solely with respect to Project Common Areas or solely with respect to the Project generally; (ix) specific costs which, pursuant to other provisions of this Lease, Tenant is obligated to pay in full, including without limitation costs of Tenant's performance of obligations to be performed by Tenant under this Lease and payments which Tenant is obligated to make directly to any party, including, without limitation, providers of goods, services, utilities or labor; (x) fines and penalties imposed because of willful ...
Operating Costs Exclusions means (i) the initial construction cost of the Project, or the costs of providing Landlord's Work to Tenant, or depreciation of such costs; (ii) debt service (including, without limitation, interest, principal and any impound payments) required to be made on any mortgage or deed of trust recorded with respect to all or any part of the Project other than debt service and financing charges imposed pursuant to Section 3.41(i)(viii); (iii) any rent payable under any ground lease now or hereafter affecting the Project; (iv) leasing commissions and other costs and expenses incurred in connection with negotiations or disputes with prospective or present tenants in the Project; (v) expenditures relating to the repair of the structural components of each of the following: foundations, exterior walls, roof and any interior load bearing walls of the Building (but with respect to the roof these provisions do not exclude and Tenant shall, subject to Section 3.4.1(i) and Section 7.2, bear all other roof costs) of the Premises; (vi) capital expenditures relating to repairs, alterations or improvements to the Building required by governmental authorities to comply with building code provisions existing as of the Lease Date and, with respect to requirements of the American with Disabilities Act (ADA), to comply with ADA provisions as interpreted and as enforced as of the Lease Date; (vii) costs, expenses and expenditures to the extent incurred with respect to other buildings designed for occupancy by tenants in the Project, as distinguished from costs, expenses and expenditures incurred solely with respect to Project Common Areas or solely with respect to the Project generally; (viii) costs of complying with Environmental Laws relating to Hazardous Materials affecting the Premises, Building or Project unless made the responsibility of Tenant pursuant to Section 4.8; and (ix) specific costs which, pursuant to other provisions of this Lease, Tenant is obligated to pay in full, including without limitation costs of Tenant's performance of obligations to be performed by Tenant under this Lease and payments which Tenant is obligated to make directly to any party, including, without limitation, providers of goods, services, utilities or labor.
More Definitions of Operating Costs Exclusions
Operating Costs Exclusions mean (a) Capital Improvements (except as otherwise provided above); (b) costs of special services rendered to individual tenants (including Tenant) for which a special charge is made; (c) interest and principal payments on loans or indebtedness secured by the Building; (d) costs of leasehold improvements for Tenant or other tenants of the Building; (e) costs of services or other benefits of a type which are not available to Tenant but which are available to other tenants or occupants, and costs for which Landlord is reimbursed by other tenants of the Building other than through payment of tenants’ shares of increases in Operating Costs and Taxes; (f) leasing commissions, attorneys’ fees and other expenses incurred in connection with leasing space in the Building or enforcing such leases; (g) costs, fines or penalties incurred due to Landlord’s violation of any Law; (h) advertising and promotional expenses; (i) nonrecurring costs incurred to remedy structural defects in the original construction of the Building; and (j) repairs or other work needed due to fire, windstorms, or other casualty or cause actually insured against by Landlord or to the extent the Landlord’s insurance required under Subsection 13.3 - Landlord’s Insurance would have provided coverage, whichever is greater.