SERVICES FOR ANY BUILDING);
13
(D)
COSTS INCURRED BY SUBLESSOR FOR THE REPAIR
OF DAMAGE TO THE BUILDINGS AND PARKING FACILITIES TO THE EXTENT THAT SUBLESSOR
IS OR SHOULD BE REIMBURSED BY INSURANCE PROCEEDS AND COSTS OF ALL CAPITAL
REPLACEMENTS, REGARDLESS OF WHETHER SUCH REPAIRS ARE COVERED BY INSURANCE AND
COST OF EARTHQUAKE REPAIRS IN EXCESS OF TWENTY FIVE THOUSAND DOLLARS
($25,000.00) PER EARTHQUAKE (WHICH FOR THIS PURPOSE, AN EARTHQUAKE IS DEFINED
COLLECTIVELY AS THE INITIAL EARTHQUAKE AND THE AFTERSHOCKS THAT RELATE TO SUCH
INITIAL EARTHQUAKE);
(E)
INSURANCE DEDUCTIBLES IN EXCESS OF $10,000
PER YEAR FOR NORMAL CASUALTIES AND AMOUNTS WHICH ARE IN EXCESS OF $1.00 PER
RENTABLE SQUARE FOOT OF THE SUBLEASED PREMISES IN ANY YEAR FOR DAMAGE CAUSED BY
FLOODS, HURRICANES, TORNADOES, AND/OR TERRORIST ACTS;
(F)
COSTS, INCLUDING PERMIT, LICENSE AND
INSPECTION COSTS, INCURRED WITH RESPECT TO THE INSTALLATION OF SUBLESSEE'S OR
OTHER OCCUPANTS' IMPROVEMENTS IN THE BUILDINGS OR INCURRED IN RENOVATING OR
OTHERWISE IMPROVING, DECORATING, PAINTING OR REDECORATING VACANT SPACE FOR
SUBLESSEES OR OTHER OCCUPANTS OF THE BUILDINGS;
(G)
DEPRECIATION, AMORTIZATION AND INTEREST
PAYMENTS, EXCEPT AS PROVIDED HEREIN AND EXCEPT ON MATERIALS, TOOLS, SUPPLIES AND
VENDOR-TYPE EQUIPMENT PURCHASED BY SUBLESSOR ON COMPETITIVE TERMS TO ENABLE
SUBLESSOR TO SUPPLY SERVICES SUBLESSOR MIGHT OTHERWISE CONTRACT FOR WITH A THIRD
PARTY WHERE SUCH DEPRECIATION, AMORTIZATION AND INTEREST PAYMENTS WOULD
OTHERWISE HAVE BEEN INCLUDED IN THE CHARGE FOR SUCH THIRD PARTY'S SERVICES, ALL
AS DETERMINED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES,
CONSISTENTLY APPLIED, AND WHEN DEPRECIATION OR AMORTIZATION IS PERMITTED OR
REQUIRED, THE ITEM SHALL BE AMORTIZED OVER ITS REASONABLY ANTICIPATED USEFUL
LIFE;
(H)
MARKETING COSTS, INCLUDING WITHOUT
LIMITATION, LEASING COMMISSIONS, ATTORNEYS' FEES IN CONNECTION WITH THE
NEGOTIATION AND PREPARATION OF LETTERS, DEAL MEMOS, LETTERS OF INTENT, LEASES,
SUBLEASES AND/OR ASSIGNMENTS, SPACE PLANNING COSTS, AND OTHER COSTS AND EXPENSES
INCURRED IN CONNECTION WITH LEASE, SUBLEASE AND/OR ASSIGNMENT NEGOTIATIONS AND
TRANSACTIONS WITH SUBLESSEE OR PRESENT OR PROSPECTIVE SUBLESSEES, SUBLESSOR OR
OTHER OCCUPANTS OF THE BUILDINGS;
(I)
EXPENSES IN CONNECTION WITH SERVICES OR
OTHER BENEFITS WHICH ARE NOT OFFERED TO SUBLESSEE OR FOR WHICH SUBLESSEE IS
CHARGED FOR DIRECTLY OR CONTRACTS FOR DIRECTLY;
(J)
OVERHEAD AND PROFIT INCREMENT PAID TO
PRIME LESSOR OR SUBLESSOR OR TO SUBSIDIARIES OR AFFILIATES OF PRIME LESSOR OR
SUBLESSOR FOR GOODS AND/OR SERVICES IN OR TO THE TO THE EXTENT THE SAME EXCEEDS
THE COSTS OF SUCH GOODS AND/OR SERVICES RENDERED BY UNAFFILIATED THIRD PARTIES
ON A COMPETITIVE BASIS;
(K)
INTEREST, PRINCIPAL, POINTS AND FEES ON
DEBTS OR AMORTIZATION ON ANY MORTGAGE OR MORTGAGES OR ANY OTHER DEBT INSTRUMENT
ENCUMBERING THE BUILDINGS, THE
14
LAND, THE PARKING FACILITIES OR ANY PORTION THEREOF (EXCEPT AS PERMITTED IN
SUBSECTION 3.4(G) ABOVE);
(L)
PRIME LESSOR'S AND SUBLESSOR'S GENERAL
CORPORATE OVERHEAD AND GENERAL AND ADMINISTRATIVE EXPENSES;
(M)
ANY COMPENSATION PAID TO CLERKS, ATTENDANTS OR
OTHER PERSONS IN COMMERCIAL CONCESSIONS OPERATED BY SUBLESSOR;
(N)
RENTALS AND OTHER RELATED EXPENSES INCURRED
IN LEASING HVAC SYSTEMS, ELEVATORS OR OTHER EQUIPMENT ORDINARILY CONSIDERED TO
BE CAPITAL ITEMS, EXCEPT FOR (1) EXPENSES IN CONNECTION