WATER, HEAT, AIR CONDITIONING OR OTHER UTILITIES
PROVIDED BY LANDLORD TO ANY TENANT OUTSIDE NORMAL BUSINESS HOURS WHERE TENANT
HAS BEEN REQUIRED UNDER THIS LEASE TO PAY LANDLORD SEPARATELY FOR SUCH SERVICES
AT SUCH TIMES, OR UTILITIES PROVIDED BY LANDLORD TO ANY OTHER TENANT WITHOUT
SEPARATE CHARGE IN EXCESS OF THE UTILITIES OFFERED BY LANDLORD TO TENANT WITHOUT
SEPARATE CHARGE;
4.04.19
ANY PENALTIES, FEES OR OTHER SIMILAR COSTS INCURRED AS A RESULT
OF LANDLORD'S NEGLIGENCE OR LANDLORD'S INABILITY, UNWILLINGNESS OR FAILURE TO
MAKE PAYMENTS WHEN DUE (INCLUDING, WITHOUT LIMITATION, PAYMENTS OF TAXES) AND/OR
TO FILE ANY TAX OR INFORMATIONAL RETURNS OR OTHER GOVERNMENTAL FILINGS WHEN DUE;
4.04.20
COSTS INCURRED BY LANDLORD DUE TO THE VIOLATION BY LANDLORD, ITS
EMPLOYEES, AGENTS OR CONTRACTORS OR ANY TENANT OF THE TERMS AND CONDITIONS OF
ANY LEASE OF SPACE IN THE PROJECT OR ANY LEGAL REQUIREMENT;
4.04.21
COSTS INCURRED TO CURE VIOLATIONS OF LAWS RELATING TO HAZARDOUS
MATERIALS FOR WHICH TENANT HAS NO RESPONSIBILITY UNDER THE TERMS OF THIS LEASE;
AND PENALTIES AND ALL OTHER COSTS (INCLUDING, WITHOUT LIMITATION, COSTS FOR
REMEDIATION, REMOVAL
9
AND MONITORING) RELATED TO THE PRESENCE IN VIOLATION OF LAW OF HAZARDOUS
MATERIALS AT OR UNDER THE PROJECT FOR WHICH TENANT HAS NO RESPONSIBILITY UNDER
THE TERMS OF THIS LEASE, PROVIDED THAT EXPENSES MAY INCLUDE OPERATIONAL AND
MANAGEMENT PROGRAMS RELATING TO HAZARDOUS MATERIALS CONSISTENT WITH
INSTITUTIONAL ASSET MANAGEMENT PRACTICES, IF AND TO THE EXTENT NOT RELATED TO
PARTICULAR VIOLATIONS OF LAWS RELATING TO HAZARDOUS MATERIALS AT THE PROJECT;
4.04.22
ANY AMOUNT PAID BY LANDLORD TO THE PARENT ORGANIZATION OR A
SUBSIDIARY OR AFFILIATE OF THE LANDLORD FOR SUPPLIES AND/OR SERVICES IN THE
PROJECT OR THE BUILDINGS TO THE EXTENT THE SAME EXCEEDS THE COSTS OF SUCH
SUPPLIES AND/OR SERVICES RENDERED BY QUALIFIED, FIRST-CLASS UNAFFILIATED THIRD
PARTIES ON A COMPETITIVE BASIS;
4.04.23
LANDLORD'S GENERAL CORPORATE OVERHEAD AND GENERAL ADMINISTRATIVE
EXPENSES;
4.04.24
IF AND FOR SO LONG AS THE PREMISES INCLUDE THE ENTIRETY OF ALL
OF THE BUILDINGS, MANAGEMENT FEES SHALL NOT BE INCLUDED IN EXPENSES; IF THE
PREMISES DO NOT INCLUDE THE ENTIRETY THEREOF, MANAGEMENT FEES MAY BE INCLUDED IN
EXPENSES ONLY TO THE EXTENT NOT IN EXCESS OF THE PREVAILING MARKET RATE
MANAGEMENT FEE FOR THE MANAGEMENT OF THOSE RESPONSIBILITIES WHICH ARE, FROM TIME
TO TIME DURING THE TERM THE RESPONSIBILITY OF LANDLORD TO PERFORM PURSUANT TO
THIS LEASE IN RESPECT OF THE PREMISES AND THE PROJECT, WHICH MANAGEMENT FEE
SHALL NOT, IN ANY EVENT, BE IN EXCESS OF 2% OF GROSS REVENUES OF THE PROJECT
(PROVIDED THAT FOR ANY PORTION OF THE TERM DURING WHICH BOTH (I) THE PREMISES
INCLUDE THE NORTH, SOUTH, AND WEST BUILDINGS (AND ONLY A PORTION OF THE EAST
BUILDING) AND (II) LANDLORD HAS NO RESPONSIBILITY HEREUNDER TO OPERATE, MAINTAIN
AND REPAIR THE PARKING AND OTHER COMMON AREAS ATTRIBUTABLE TO THE NORTH, SOUTH,
AND WEST BUILDINGS, TENANT SHALL ONLY BE REQUIRED TO PAY A MANAGEMENT FEE IN
RESPECT OF EXPENSES FOR THE EAST BUILDING, AND THE 2% MAXIMUM SET FORTH ABOVE
SHALL BE DETERMINED