INCURRED IN CONNECTION WITH A GOVERNMENTALLY MANDATED TRANSPORTATION SYSTEM
MANAGEMENT PROGRAM OR SIMILAR PROGRAM; (III) THE COST OF ALL INSURANCE CARRIED
BY LANDLORD IN CONNECTION WITH THE PROJECT; (IV) THE COST OF LANDSCAPING,
RELAMPING, AND ALL SUPPLIES, TOOLS, EQUIPMENT AND MATERIALS USED IN THE
OPERATION, REPAIR AND MAINTENANCE OF THE PROJECT, OR ANY PORTION THEREOF;
(V) COSTS INCURRED IN CONNECTION WITH THE PARKING AREAS SERVICING THE PROJECT;
(VI) FEES AND OTHER COSTS, INCLUDING MANAGEMENT FEES (WHICH MANAGEMENT FEES
SHALL EQUAL [***]), CONSULTING FEES, LEGAL FEES AND ACCOUNTING FEES, OF ALL
CONTRACTORS AND CONSULTANTS IN CONNECTION WITH THE MANAGEMENT, OPERATION,
MAINTENANCE AND REPAIR OF THE PROJECT; (VII) PAYMENTS UNDER ANY EQUIPMENT RENTAL
AGREEMENTS AND THE FAIR RENTAL VALUE OF ANY MANAGEMENT OFFICE SPACE;
(VIII) WAGES, SALARIES AND OTHER COMPENSATION AND BENEFITS, INCLUDING TAXES
LEVIED THEREON, OF ALL PERSONS (OTHER THAN PERSONS GENERALLY CONSIDERED TO BE
HIGHER IN RANK THAN THE POSITION OF "ASSET MANAGER") ENGAGED IN THE OPERATION,
MAINTENANCE AND SECURITY OF THE PROJECT; (IX) COSTS UNDER ANY INSTRUMENT
PERTAINING TO THE SHARING OF COSTS BY THE PROJECT; (X) OPERATION, REPAIR,
MAINTENANCE AND REPLACEMENT (BUT WITH RESPECT TO REPLACEMENT, ONLY TO THE EXTENT
NECESSITATED BY NORMAL WEAR AND TEAR DURING THE LEASE TERM) OF ALL SYSTEMS AND
EQUIPMENT AND COMPONENTS THEREOF OF THE BUILDING; (XI) THE COST OF JANITORIAL,
ALARM, SECURITY AND OTHER SERVICES, NON-CAPITAL REPLACEMENT OF WALL AND FLOOR
COVERINGS, CEILING TILES AND FIXTURES IN COMMON AREAS (BUT ONLY TO THE EXTENT
NECESSITATED BY NORMAL WEAR AND TEAR DURING THE LEASE TERM), MAINTENANCE AND
REPLACEMENT OF CURBS AND WALKWAYS, REPAIR TO ROOFS; (XII) AMORTIZATION OF THE
COST OF ACQUIRING OR THE RENTAL EXPENSE OF PERSONAL PROPERTY USED IN THE
MAINTENANCE, OPERATION AND REPAIR OF THE PROJECT, OR ANY PORTION THEREOF (WHICH
AMORTIZATION CALCULATION SHALL INCLUDE INTEREST AT THE "INTEREST RATE," AS THAT
TERM IS SET FORTH IN ARTICLE 25 OF THIS LEASE); (XIII) THE COST OF CAPITAL
IMPROVEMENTS OR OTHER COSTS INCURRED IN CONNECTION WITH THE PROJECT (A) WHICH
ARE REASONABLY INTENDED TO EFFECT ECONOMIES IN THE OPERATION OR MAINTENANCE OF
THE
14
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
PROJECT, OR ANY PORTION THEREOF, TO THE EXTENT OF COST SAVINGS REASONABLY
ANTICIPATED BY LANDLORD AT THE TIME OF SUCH EXPENDITURE TO BE INCURRED IN
CONNECTION THEREWITH, (B) THAT ARE REQUIRED TO COMPLY WITH PRESENT OR
ANTICIPATED CONSERVATION PROGRAMS, (C) WHICH ARE REPLACEMENTS OR MODIFICATIONS
OF NONSTRUCTURAL ITEMS LOCATED IN THE COMMON AREAS REQUIRED TO KEEP THE COMMON
AREAS IN GOOD ORDER OR CONDITION (BUT ONLY TO THE EXTENT NECESSITATED BY NORMAL
WEAR AND TEAR DURING THE LEASE TERM), OR (D) THAT ARE REQUIRED UNDER ANY
GOVERNMENTAL LAW OR REGULATION BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY,
EXCEPT FOR CAPITAL REPAIRS, REPLACEMENTS OR OTHER IMPROVEMENTS TO REMEDY A
CONDITION EXISTING PRIOR TO THE LEASE COMMENCEMENT DATE WHICH AN APPLICABLE
GOVERNMENTAL AUTHORITY, IF IT HAD KNOWLEDGE OF SUCH CONDITION PRIOR TO THE LEASE
COMMENCEMENT DATE, WOULD HAVE THEN REQUIRED TO BE