EASEMENTS
BENEFITING THE LAND (INCLUDING THE COST OF OPERATION, MAINTENANCE AND REPAIR OF
ANY WATER LOOP PROVIDING FIRE PROTECTION TO THE PREMISES); COSTS OF COMPLIANCE
WITH ALL LEGAL REQUIREMENTS APPLICABLE TO IMPROVEMENTS ON THE LAND OTHER THAN
BUILDINGS (PROVIDED, HOWEVER, THAT ANY SUCH COST THAT CONSTITUTES A CAPITAL
EXPENDITURE SHALL BE SUBJECT TO THE AMORTIZATION REQUIREMENTS APPLICABLE TO
ORDINARY CAPITAL IMPROVEMENTS HEREUNDER); THE REASONABLE AMOUNT DEDUCTIBLE FROM
ANY INSURANCE CLAIM OF THE LANDLORD (BUT ONLY IN THE EVENT OF AN ACTUAL CLAIM
PAID AND SETTLED); COMPENSATION AND ALL FRINGE BENEFITS, WORKER'S COMPENSATION,
INSURANCE PREMIUMS AND PAYROLL TAXES PAID TO, FOR OR WITH RESPECT TO ALL PERSONS
DIRECTLY ENGAGED IN OPERATING OR MAINTAINING THE LAND; THE COST OF LANDSCAPING;
THE COST OF MAINTENANCE; WATER, ELECTRICITY, AND OTHER UTILITY CHARGES,
EXCLUDING SUCH UTILITY CHARGES SEPARATELY CHARGEABLE TO TENANTS, WHETHER FOR
ADDITIONAL OR SPECIAL SERVICES OR OTHERWISE; THE COST OF MAINTENANCE, REPAIRS
AND REPLACEMENTS (OTHER THAN REPAIRS AND REPLACEMENTS REASONABLY COLLECTIBLE
FROM CONTRACTORS UNDER GUARANTEES); THE COST OF SNOW, ICE AND SAND REMOVAL;
PAYMENTS UNDER SERVICE CONTRACTS WITH INDEPENDENT CONTRACTORS; THE COST OF ANY
ORDINARY CAPITAL IMPROVEMENTS, PROVIDED THAT THE COST OF ANY SUCH ORDINARY
CAPITAL
9
IMPROVEMENTS SHALL BE AMORTIZED OVER THE CUSTOMARY USEFUL LIFE OF THE
IMPROVEMENT IN QUESTION, TOGETHER WITH INTEREST ON THE UNAMORTIZED BALANCE AT A
RATE EQUAL TO THE PRIME RATE OF INTEREST THEN PUBLISHED IN THE WALL STREET
JOURNAL AT THE TIME THE IMPROVEMENT IS COMMENCED PLUS FOUR PERCENT (4%) (THE
"INTEREST RATE"); AND OTHER EXPENSES PAID IN CONNECTION WITH OPERATION OR
MAINTENANCE OF THE LAND.
(C)
THE BUILDING OPERATING EXPENSES AND THE LAND
OPERATING EXPENSES ARE COLLECTIVELY REFERRED TO HEREIN AS THE "OPERATING
EXPENSES".
(D)
NOTWITHSTANDING THE FOREGOING, OPERATING
EXPENSES:
(I)
SHALL NOT INCLUDE ANY EXPENSE OF FURTHER
DEVELOPMENT OF THE LAND, WITHOUT LIMITATION, ANY COSTS OF SITE WORK, DEMOLITION,
CONSTRUCTING ADDITIONS TO ANY EXISTING BUILDINGS ON THE PROPERTY (INCLUDING THE
BUILDING), OR NEW BUILDINGS ON THE PROPERTY, OR OTHERWISE FURTHER DEVELOPING OR
REDEVELOPING THE PROPERTY;
(II)
SHALL NOT INCLUDE ANY OF THE ITEMS
SPECIFIED IN EXHIBIT C; AND
(III)
SHALL BE SUBJECT TO THE LIMITATIONS
SPECIFIED IN EXHIBIT C.
(E)
WITH REGARD TO ANY OPERATING EXPENSES THAT ARE
INCURRED IN CONNECTION WITH ANY BUILDING SERVICE OR SYSTEM THAT IS DEDICATED
SOLELY TO SERVICING EITHER (I) EXCLUSIVELY THE LABORATORY USES IN THE PREMISES,
OR (II) THE LABORATORY USES IN THE PREMISES COLLECTIVELY WITH OTHER LABORATORY
USES BEING CONDUCTED WITHIN THE BUILDING ("LAB DEDICATED EXPENSES"), SUCH LAB
DEDICATED EXPENSES SHALL BE EQUITABLY SHARED AMONG ALL LABORATORY SPACE TENANTS
IN THE BUILDING BENEFITING FROM SUCH SERVICE, WITH RESPECTIVE SHARES OF THE LAB
DEDICATED EXPENSES BEING EITHER (I) SHARED PROPORTIONALLY, BASED ON THE SQUARE
FOOTAGE SERVED THEREBY, IF APPLICABLE (SUCH AS WHEREVER USAGE IS NOT REASONABLY
MEASURABLE BY METERING OR OTHER SUCH MEASUREMENT METHOD), OR (II) SEPARATELY
METERED FOR THE VARIOUS LAB SPACES BEING SERVED THEREBY, BUT IN ANY CASE
EQUITABLY ALLOCATED BY LANDLORD TO ACCOUNT FOR CONSUMPTION OR USE OF SUCH
SERVICE OR SYSTEM RESOURCE.
3.4.3
ESTIMATED