NEW TENANTS OR TO RETAIN EXISTING TENANTS INCLUDING LEASING COMMISSIONS,
ADVERTISING AND PROMOTIONAL EXPENDITURES IN CONNECTION WITH LEASING OR RELEASING
OF SPACE;
(V)
EXPENSES INSURED BY LANDLORD TO RESOLVE
DISPUTES, ENFORCE OR NEGOTIATE LEASE TERMS WITH PROSPECTIVE OR EXISTING TENANTS
OR IN CONNECTION WITH ANY FINANCING, SALE OR SYNDICATION OF THE BUILDING;
(VI)
INTEREST, PRINCIPAL, POINTS AND FEES,
AMORTIZATION OR OTHER COSTS ASSOCIATED WITH ANY DEBT AND RENT PAYABLE UNDER ANY
LEASE TO WHICH THIS LEASE IS SUBJECT AND ALL COSTS AND EXPENSES ASSOCIATED WITH
ANY SUCH DEBT OR LEASE AND ANY GROUND LEASE RENT, IRRESPECTIVE OF WHETHER THIS
LEASE IS SUBJECT OR SUBORDINATE THERETO;
(VII)
CAPITAL IMPROVEMENTS WILL NOT BE PASSED THROUGH,
EXCEPT THAT CAPITAL IMPROVEMENTS THAT ARE INTENDED TO REDUCE OPERATING COSTS OR
REQUIRED BY LAW WILL BE PASSED THROUGH UNDER GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES AS SPECIFIED IN SECTION 4.1(A)(7), WHICH INCLUDES AMORTIZING SUCH
CAPITAL IMPROVEMENTS OVER THE USEFUL LIFE OF SUCH IMPROVEMENT;
(VIII)
EXPENSES FOR THE REPLACEMENT OF ANY ITEM COVERED
UNDER WARRANTY;
(IX)
ANY PENALTY OR FINE INCURRED BY LANDLORD DUE
TO LANDLORD'S VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OR
FAILURE TO COMPLY WITH ANY AGREEMENT;
11
(X)
COST OF REPAIRS NECESSITATE BY LANDLORD'S
NEGLIGENCE OR WILLFUL MISCONDUCT;
(XI)
EXPENSES FOR ANY ITEM OR SERVICE WHICH
TENANT PAYS DIRECTLY TO A THIRD PARTY OR SEPARATELY REIMBURSES LANDLORD AND
EXPENSES INCURRED BY LANDLORD TO THE EXTENT THE SAME ARE REIMBURSABLE OR
REIMBURSED BY ANOTHER TENANT, INSURANCE OR OTHER THIRD PARTIES;
(XII)
EXPENSES FOR ANY ITEM OR SERVICE NOT PROVIDED
TO TENANT BUT EXCLUSIVELY TO CERTAIN OTHER TENANTS IN THE BUILDING;
(XIII)
SALARIES OF (A) EMPLOYEES ABOVE THE GRADE OF
BUILDING SUPERINTENDENT OR BUILDING MANAGER, AND (B) EMPLOYEES, TO THE EXTENT
SUCH EMPLOYEE'S TIME IS NOT SPENT IN THE OPERATION OF THE PROPERTY;
(XIV)
LANDLORD'S GENERAL CORPORATE OVERHEAD AND
ADMINISTRATIVE EXPENSES;
(XV)
FEES PAID TO AFFILIATES OF LANDLORD IN EXCESS OF
COMPETITIVE RATES FOR COMPARABLE SERVICES;
(XVI)
COSTS TO REMOVE, ABATE, ENCAPSULATE, TEST OR
OTHERWISE HANDLE OR DISPOSE OF HAZARDOUS MATERIAL TO COMPLY WITH CURRENT
ENVIRONMENTAL LAWS;
(XVII)
LEGAL FEES RELATED TO ANY ACTION INVOLVING TENANTS
OR PROSPECTIVE TENANTS IN THE BUILDING; AND
(XVIII)
COSTS OF COMPLYING WITH REQUIREMENTS OF THE AMERICANS
WITH DISABILITIES ACT APPLICABLE TO THE COMMON AREA (AS DEFINED IN SECTION 7.1
BELOW) OF THE BUILDING AS OF THE DATE OF THIS LEASE.
(XIX)
COSTS OR EXPENSES RELATED TO WINDOW REPLACEMENT
OR REPAIRS AND RELATED DAMAGE ARISING FROM DEFECTS IN WINDOWS AND FROM SEEPAGE
OF MOISTURE INTO THE CURTAIN WALL AND CONDENSATION FROM SUCH DEFECTS (ORDINARY
OPERATING EXPENSES FOR MAINTENANCE, REPAIR AND REPLACEMENT OF WINDOWS, INCLUDING
CAULKING, SHALL NOT BE EXCLUDED HEREBY).
(XX)
COSTS OR EXPENSES OF ENVIRONMENTAL AIR QUALITY
INSPECTIONS AND REPORTS CONCERNING MOLD, MOLD SPORES, EXCESSIVE BACTERIA IN THE
DEMISED PREMISES AND REPAIRS AND REPLACEMENTS ARISING FROM NEGATIVE RESULTS FROM
SUCH INSPECTIONS AND REPORTS (ORDINARY OPERATING EXPENSES FOR MAINTENANCE,
REPAIR AND REPLACEMENT OF AIR QUALITY EQUIPMENT AND SYSTEMS SHALL NOT BE
EXCLUDED HEREBY).
The foregoing definition, and exclusions,