Collateral and that neither Landlord nor its successors or assigns shall be
bound by any such assignment, encumbrance, attempted assignment or attempted
encumbrance.
The Collateral shall not be mortgaged, assigned or encumbered in
any manner whatsoever by Tenant without the prior written consent of Landlord.
6.
ADDITIONAL RENT
(A)
COMMENCING JANUARY 1, 2005, AND IN EACH CALENDAR YEAR THEREAFTER
DURING THE TERM (AS SAME MAY BE EXTENDED), TENANT SHALL PAY TO LANDLORD TENANT'S
ALLOCATED SHARE OF THE FOLLOWING CHARGES ("RECOGNIZED EXPENSES"), WITHOUT
DEDUCTION OR SET OFF EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE EXTENT SUCH
RECOGNIZED EXPENSES EXCEED THE RECOGNIZED EXPENSES IN THE BASE YEAR.
(I)
OPERATING EXPENSES.
ALL OF THE FOLLOWING COSTS AND EXPENSES FOR
THE MAINTENANCE AND OPERATION TO THE PROJECT.
(A)
ALL COSTS AND EXPENSES INCURRED IN THE OPERATION OF THE BUILDING
AND PROJECT, FOR LIGHTING, CLEANING THE BUILDING EXTERIOR AND COMMON AREAS OF
THE BUILDING INTERIOR, TRASH REMOVAL AND RECYCLING, REPAIRS AND MAINTENANCE OF
THE ROOF AND STORM WATER MANAGEMENT SYSTEM, FIRE SUPPRESSION AND ALARM SYSTEMS,
FOR THE PROJECT, REMOVING SNOW, ICE AND DEBRIS AND MAINTAINING ALL LANDSCAPE
AREAS, (INCLUDING REPLACING AND REPLANTING ORIGINAL FLOWERS, SHRUBBERY AND
TREES), MAINTAINING AND REPAIRING ALL OTHER EXTERIOR IMPROVEMENTS ON THE
PROJECT, ALL REPAIRS AND COMPLIANCE COSTS NECESSITATED BY LAWS ENACTED OR WHICH
BECOME EFFECTIVE AFTER THE DATE OF OCCUPANCY OF THE TENANTS OF THE BUILDING
(INCLUDING, WITHOUT LIMITATION, ANY ADDITIONAL REGULATIONS OR REQUIREMENTS
ENACTED AFTER SUCH DATE REGARDING THE AMERICANS WITH DISABILITIES ACT (AS SUCH
APPLIES TO THE PROJECT OR COMMON AREAS BUT NOT TO ANY INDIVIDUAL TENANT'S
SPACE), IF APPLICABLE) REQUIRED OF LANDLORD UNDER APPLICABLE LAWS AND RULES AND
REGULATIONS.
ALL OF THE AFOREMENTIONED COSTS AND EXPENSES ARE SUBJECT TO THE
"OPERATING EXPENSE EXCLUSIONS" LISTED BELOW.
(B)
ALL REASONABLE COSTS AND EXPENSES PAID BY LANDLORD FOR
ENVIRONMENTAL TESTING, SAMPLING OR MONITORING REQUIRED BY STATUTE, REGULATION OR
ORDER OF GOVERNMENTAL AUTHORITY, EXCEPT ANY COSTS OR EXPENSES INCURRED IN
CONJUNCTION WITH THE SPILLING OR DEPOSITING OF ANY HAZARDOUS SUBSTANCE FOR WHICH
ANY PERSON OR OTHER TENANT IS LEGALLY LIABLE AND LANDLORD IS REIMBURSED FOR BY
SUCH OTHER PERSON, OR ANY SPILLING OR DEPOSITING OF ANY HAZARDOUS SUBSTANCE DUE
TO THE NEGLIGENCE OR WILLFUL ACT OF LANDLORD OR ITS AGENTS OR CONTRACTORS.
(C)
ANY OTHER EXPENSE OR CHARGE (EXCLUDING REASONABLY ALLOCATED
GENERAL AND ADMINISTRATIVE CHARGES) WHICH WOULD TYPICALLY BE CONSIDERED AN
EXPENSE OF MAINTAINING, OPERATING OR REPAIRING THE PROJECT UNDER GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES.
(D)
MANAGEMENT FEE NOT TO EXCEED FIVE (5%) PERCENT OF FIXED RENT
RECEIVED.
6
(E)
CAPITAL EXPENDITURES AND CAPITAL REPAIRS OTHERWISE INCLUDABLE
HEREUNDER SHALL BE INCLUDED AS OPERATING EXPENSES SOLELY TO THE EXTENT THAT THEY
RELATED TO (I) AN INSTALLATION OR IMPROVEMENT REQUIRED BY REASON OF ANY NEW (OR
AMENDMENT TO ANY) LAW, ORDINANCE OR REGULATION, OR (II) AN INSTALLATION OR
IMPROVEMENT WHICH IS INCURRED WITH THE INTENTION OF, AND WHICH RESULTS IN, A
REDUCTION IN OPERATING EXPENSES, AND IN EITHER SUCH CASE, SOLELY TO THE EXTENT
OF THE ANNUAL AMORTIZED COSTS OF SAME OVER THE