TENANT OR FOR PERFORMING WORK OR FURNISHING SERVICES (INCLUDING
ABOVE-STANDARD CLEANING) TO OR FOR INDIVIDUAL TENANTS AT SUCH TENANT'S EXPENSE
AND ANY OTHER CONTRIBUTION BY LANDLORD TO THE COST OF TENANT IMPROVEMENTS;
(IX)
CAPITAL EXPENDITURES, EXCEPT AS PROVIDED
ABOVE;
(X)
RENT UNDER ANY EXISTING OR FUTURE GROUND
LEASES;
(XI)
FINANCING AND REFINANCING COSTS AND MORTGAGE
DEBT SERVICE;
(XII)
COSTS OF FURNISHING SERVICES TO OTHER TENANTS
OR OCCUPANTS TO THE EXTENT SUCH SERVICES ARE MATERIALLY IN EXCESS OF SERVICES
LANDLORD OFFERS TO ALL TENANTS AT LANDLORD'S EXPENSE;
(XIII)
AMOUNTS OTHERWISE INCLUDIBLE IN OPERATING
EXPENSES BUT REIMBURSED DIRECTLY BY TENANT OR OTHER TENANTS TO LANDLORD OTHER
THAN BY ESCALATION PROVISIONS SIMILAR TO THIS ARTICLE 3;
(XIV)
COSTS AND EXPENSES PAYABLE TO ANY LANDLORD
AFFILIATED ENTITY, TO THE EXTENT THAT SUCH COSTS AND EXPENSES EXCEED IN ANY
MATERIAL RESPECT COMPETITIVE COSTS AND EXPENSES FOR MATERIALS AND SERVICES BY
UNRELATED PERSONS OR ENTITIES (OTHER THAN A LANDLORD AFFILIATED ENTITY OR ITS
PARTNERS OR STOCKHOLDERS) OF SIMILAR SKILL, COMPETENCE AND EXPERIENCE;
(XV)
FRANCHISE, CORPORATION, INCOME, INHERITANCE,
SUCCESSION OR ESTATE TAXES (BUT NOT SALES AND USE TAXES) IMPOSED ON LANDLORD;
(XVI)
ALL AMOUNTS INCLUDED IN COMMON AREA OPERATING
EXPENSES;
(XVII)
DEPRECIATION, EXCEPT THAT IF ANY EQUIPMENT IS
PURCHASED FOR MAINTENANCE AND OPERATION OF THE BUILDING AND PLAZA II WHICH IS
TREATED BY LANDLORD AS A CAPITAL ITEM IN ACCORDANCE WITH GAAP AND WHICH (A) IS A
REPLACEMENT ITEM WHEN A REPAIR CANNOT BE PRUDENTLY MADE (BUT ONLY TO THE EXTENT
OF LANDLORD'S REASONABLE ESTIMATE OF THE COST TO REPAIR SUCH ITEM HAD LANDLORD
ELECTED TO REPAIR RATHER THAN REPLACE SUCH ITEM), OR (B) IS NECESSARY TO COMPLY
WITH ANY LEGAL REQUIREMENT WHICH IS ENACTED AFTER THE DATE OF THIS LEASE OR
(C) HAS THE EFFECT OF REDUCING EXPENSES WHICH WOULD OTHERWISE BE INCLUDED IN
OPERATING EXPENSES (BUT ONLY INCLUDED TO THE EXTENT OF SUCH SAVINGS), THEN SUCH
EQUIPMENT SHALL BE DEPRECIATED ON A STRAIGHT-LINE BASIS OVER THE LESSER OF
(I) THE USEFUL LIFE OF SUCH EQUIPMENT OR (II) TEN (10) YEARS, AND THERE SHALL BE
INCLUDED IN OPERATING EXPENSES IN EACH OPERATING YEAR THE AMOUNT OF SUCH
DEPRECIATION ATTRIBUTABLE TO SUCH OPERATING YEAR, PROVIDED, HOWEVER, THAT ALL
AMOUNTS THEREOF INCLUDED IN OPERATING EXPENSES IN OPERATING YEARS SUBSEQUENT TO
THE YEAR PAID SHALL HAVE ADDED THERETO INTEREST AT THE INTEREST RATE (AS DEFINED
IN SECTION 22.03) (DETERMINED AS OF THE DATE ON WHICH SUCH EXPENSE WAS INCURRED)
FROM THE DATE EACH SUCH EXPENSE WAS INCURRED BY LANDLORD;
(XVIII)
LEASE TAKEOVER OR TAKEBACK COSTS INCURRED BY LANDLORD
IN CONNECTION WITH LEASES IN THE BUILDING OR PLAZA II;
19
(XIX)
LEGAL FEES, EXPENSES AND DISBURSEMENTS
(INCLUDING, WITHOUT LIMITATION, THOSE INCURRED IN CONNECTION WITH LEASING,
SALES, FINANCING OR REFINANCING OR DISPUTES WITH OTHER TENANTS), EXCEPT SUCH
FEES AS ARE REASONABLY INCURRED IN CONNECTION WITH THE OPERATION OF THE
PROPERTY;
(XX)
COSTS PAID OR INCURRED IN CONNECTION WITH THE
REMOVAL, REPLACEMENT, ENCLOSURE, ENCAPSULATION OR OTHER TREATMENT OF ANY
HAZARDOUS MATERIALS IN THE BUILDING OR PLAZA II;
(XXI)
COSTS INCURRED BY