MEAN ALL
COSTS AND EXPENSES PAID OR INCURRED WITH RESPECT TO THE OWNERSHIP, REPAIR,
REPLACEMENT, RESTORATION, MAINTENANCE AND OPERATION OF THE PROPERTY, INCLUDING,
WITHOUT LIMITATION, THE FOLLOWING:
(I) ALL COSTS, WAGES AND BENEFITS OF
EMPLOYEES OR OTHER AGENTS OF LANDLORD OR AGENT ENGAGED IN THE OPERATION,
MAINTENANCE OR RENDITION OF OTHER SERVICES TO OR FOR THE PROPERTY; (II) TO THE
EXTENT NOT SEPARATELY METERED, BILLED OR FURNISHED, ALL CHARGES FOR UTILITIES
AND SERVICES FURNISHED TO EITHER OR BOTH OF THE PROPERTY AND THE PREMISES
(INCLUDING, WITHOUT LIMITATION, THE COMMON AREAS [AS HEREINAFTER DEFINED]),
TOGETHER WITH ANY TAXES ON SUCH UTILITIES; (III) ALL PREMIUMS FOR CASUALTY,
WORKERS' COMPENSATION, LIABILITY, BOILER, FLOOD AND
3
ALL OTHER TYPES OF INSURANCE PROVIDED BY LANDLORD AND RELATING TO THE PROPERTY;
(IV) THE COST OF ALL SUPPLIES, TOOLS, MATERIALS AND EQUIPMENT UTILIZED IN THE
OWNERSHIP AND/OR OPERATION OF THE PROPERTY, AND SALES AND OTHER TAXES THEREON;
(V) AMOUNTS CHARGED BY ANY OR ALL OF CONTRACTORS, MATERIALMEN AND SUPPLIERS FOR
SERVICES, MATERIALS AND SUPPLIES FURNISHED IN CONNECTION WITH THE OPERATION,
REPAIR AND MAINTENANCE OF ANY PART OF THE PROPERTY, INCLUDING, WITHOUT
LIMITATION, THE STRUCTURAL ELEMENTS OF THE PROPERTY AND THE COMMON AREAS; (VI)
MANAGEMENT FEES TO AGENT OR OTHER PERSONS OR MANAGEMENT ENTITIES ACTUALLY
INVOLVED IN THE MANAGEMENT AND OPERATION OF THE PROPERTY (WHICH PERSONS OR
MANAGEMENT ENTITIES MAY BE AFFILIATES OF LANDLORD); (VII) ANY CAPITAL
IMPROVEMENTS MADE BY, OR ON BEHALF OF, LANDLORD TO THE PROPERTY (WITH THE COST
OF SUCH CAPITAL IMPROVEMENTS AMORTIZED OVER THE USEFUL LIFE OF THE IMPROVEMENT
AS DETERMINED BY GENERALLY ACCEPTED ACCOUNTING PROCEDURES); (VIII) ALL
PROFESSIONAL FEES INCURRED IN CONNECTION WITH THE OPERATION, MANAGEMENT AND
MAINTENANCE OF THE PROPERTY; (IX) TAXES, AS HEREINAFTER DEFINED; (X) THE FEES
AND ASSESSMENTS CHARGED BY ANY OWNER'S ASSOCIATION ("ASSOCIATION FEES"); AND
(XI) THE PARK EXPENSES (AS HEREINAFTER DEFINED). SNOW REMOVAL FROM PAVED PARKING
LOTS AND DRIVEWAYS ON THE PREMISES AND LANDSCAPING OF THE PROPERTY ("SNOW
REMOVAL AND LANDSCAPING COSTS") SHALL BE THE RESPONSIBILITY OF TENANT AND SHALL
NOT BE INCLUDED IN OPERATING EXPENSES CHARGED AS ADDITIONAL RENT BY LANDLORD;
PROVIDED, HOWEVER, THAT IF TENANT FAILS TO PERFORM THESE OBLIGATIONS IN
ACCORDANCE WITH STANDARD CUSTOM AND PRACTICE FOR SIMILAR INDUSTRIAL/COMMERCIAL
PROPERTIES LOCATED IN MENOMONEE FALLS, WISCONSIN, AND SUBJECT TO THE NOTICE AND
CURE PROVISIONS SET FORTH IN SECTION 22 OF THIS LEASE, THEN LANDLORD SHALL HAVE
THE RIGHT TO UNDERTAKE RESPONSIBILITY FOR SNOW REMOVAL AND LANDSCAPING AND SHALL
ADD SNOW REMOVAL LANDSCAPING COSTS TO THE OPERATING EXPENSES INCLUDED IN
ADDITIONAL RENT.
The term "Park Expenses" shall mean the Property's proportionate share of the
expenses of the Park's common areas allocated to the Property by any owner's
association or the owner of the Park which may include, but shall not be limited
to, the following:
insurance premiums; maintenance and repair costs; utility
charges; fuel; lighting; trash and rubbish removal; costs, wages and benefits of
employees or other agents of any owners' association or management company whose
duties are connected with the operation and maintenance of the