DOMAIN PROCEEDINGS AND REALIZED BY LANDLORD.
COSTS INCURRED FOR ANY ITEMS TO THE EXTENT LANDLORD RECOVERS UNDER A
MANUFACTURER'S, MATERIALMAN'S, VENDOR'S OR CONTRACTOR'S WARRANTY.
CHARITABLE OR POLITICAL CONTRIBUTIONS.
COSTS (INCLUDING COSTS, SUCH AS, BUT NOT LIMITED TO, ATTORNEYS FEES AND
DISBURSEMENTS, ASSOCIATED WITH ANY COURT JUDGMENT OR ARBITRATION AWARD OBTAINED
AGAINST LANDLORD) DIRECTLY RESULTING FROM THE BREACH OF ANY OTHER LEASE OR
AGREEMENT BY LANDLORD, THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD AND ITS
EMPLOYEES, OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD'S AGENTS OR
CONTRACTORS (INCLUDING THE COSTS OF INCREASED INSURANCE PREMIUMS AS A RESULT
THEREOF).
COMPENSATION PAID TO CLERKS, ATTENDANTS OR OTHER PERSONS IN COMMERCIAL
CONCESSIONS OPERATED BY LANDLORD OR BY THE OPERATOR THEREOF (I.E., NEWSSTANDS).
"TAKEOVER EXPENSES" (EXPENSES OF ANOTHER TENANT OR PROSPECTIVE TENANT INCURRED
BY LANDLORD WITH RESPECT TO SPACE LOCATED IN THE BUILDING OR ANOTHER BUILDING OF
ANY KIND OR NATURE IN CONNECTION WITH THE LEASING OF SPACE IN THE BUILDING).
ACCOUNTING AND LEGAL EXPENSES, EXCEPT IF AND TO THE EXTENT THAT THE SAME ARE
DIRECTLY RELATED TO OPERATING THE BUILDING.
EXCESS PERSONNEL COSTS DUE TO ANY OVERLAPPING OF STAFF DURING A STAFF
TRANSITION, OTHER THAN THE COSTS OF STAFFING PROPERTY MANAGEMENT POSITIONS IN
ANTICIPATION OF IMPENDING TURNOVER (BUT NOT TO EXCEED TWO (2) WEEKS OF OVERLAP
ANNUALLY).
AS USED ABOVE, THE TERM "REAL ESTATE TAXES" SHALL MEAN (I) ALL REAL ESTATE
TAXES, INCLUDING GENERAL AND SPECIAL ASSESSMENTS, IF ANY, WHICH ARE IMPOSED UPON
LANDLORD OR ASSESSED AGAINST THE BUILDING OR THE LAND UPON WHICH THE BUILDING
(AND ANY PARKING AREAS OR FACILITIES BENEFITING THE PREMISES) IS SITUATED; (II)
ANY OTHER PRESENT OR FUTURE TAXES OR GOVERNMENTAL CHARGES THAT ARE IMPOSED UPON
LANDLORD OR ASSESSED AGAINST THE BUILDING OR THE LAND UPON WHICH THE BUILDING IS
SITUATED, INCLUDING, BUT NOT LIMITED TO, ANY TAX LEVIED ON OR MEASURED BY THE
RENTS PAYABLE BY TENANTS OF THE BUILDING, WHICH ARE IN THE NATURE OF, OR IN
SUBSTITUTION FOR, REAL ESTATE TAXES; (III) ALL TAXES WHICH ARE IMPOSED UPON
LANDLORD, AND WHICH ARE ASSESSED AGAINST THE VALUE OF ANY IMPROVEMENTS TO THE
PREMISES MADE BY TENANT OR ANY MACHINERY, EQUIPMENT, FIXTURES OR OTHER PERSONAL
PROPERTY OF TENANT USED THEREIN; AND (IV) REASONABLE EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES) INCURRED IN REVIEWING, PROTESTING OR SEEKING A
REDUCTION IN REAL ESTATE TAXES.
IF ANOTHER BUILDING OR BUILDINGS COMPRISING THE
COMPLEX (OR PARKING AREAS OR FACILITIES BENEFITING THE BUILDING) ARE ASSESSED
TOGETHER WITH THE BUILDING AND/OR THE PARKING AREAS AND FACILITIES BENEFITING
THE BUILDING, THEN REAL ESTATE TAXES FOR THE BUILDING SHALL BE A FRACTION
THEREOF, THE NUMERATOR OF WHICH IS THE NUMBER OF SQUARE FEET OF RENTABLE AREA IN
THE BUILDING AND THE DENOMINATOR OF WHICH IS THE NUMBER OF SQUARE FEET OF
RENTABLE AREA IN BUILDINGS IN THE COMPLEX.
REAL ESTATE TAXES SHALL NOT INCLUDE
(I) ANY RENTAL OR OTHER CHARGES OR FEE IMPOSED UPON LANDLORD IN CONNECTION WITH
THE LEASE OR USE OF ANY VAULT SPACE OR (II) ANY INCOME TAXES, EXCESS PROFITS
TAXES, EXCISE TAXES, FRANCHISE