USEFUL LIFE OF THE IMPROVEMENT IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
(F)
ALL INSURANCE PREMIUMS PAID OR PAYABLE BY LANDLORD FOR INSURANCE
WITH RESPECT TO THE PROJECT AS FOLLOWS: (A) FIRE AND EXTENDED COVERAGE INSURANCE
(INCLUDING DEMOLITION AND DEBRIS REMOVAL); (B)LANDLORD'S COMMERCIAL GENERAL
LIABILITY INSURANCE (INCLUDING BODILY INJURY AND PROPERTY DAMAGE) AND BOILER
INSURANCE; AND (C) INSURANCE AS OTHER LANDLORDS OF SIMILAR BUILDINGS IN THE
GENERAL VICINITY OR ANY REPUTABLE MORTGAGE LENDING INSTITUTION HOLDING A
MORTGAGE ON THE PREMISES MAY REQUIRE.
IF THE COVERAGE PERIOD OF ANY OF SUCH
INSURANCE OBTAINED BY LANDLORD COMMENCES BEFORE OR EXTENDS BEYOND THE TERM, THE
PREMIUM THEREFORE SHALL BE PRORATED TO THE TERM.
SHOULD TENANT'S OCCUPANCY OR
USE OF THE PREMISES AT ANY TIME CHANGE AND THEREBY CAUSE AN INCREASE IN SUCH
INSURANCE PREMIUMS ON THE PREMISES, BUILDING AND/OR PROJECT, TENANT SHALL PAY TO
LANDLORD THE ENTIRE AMOUNT OF SUCH REASONABLY DOCUMENTED INCREASE.
Notwithstanding the foregoing, the term "Operating Expenses" shall not include
any of the following:
(A)
REPAIRS OR OTHER WORK OCCASIONED BY FIRE, WINDSTORM OR OTHER
CASUALTY OR BY THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN;
(B)
LEASING COMMISSIONS, MARKETING COSTS, ACCOUNTANTS', CONSULTANTS',
AUDITORS OR ATTORNEYS' FEES, COSTS AND DISBURSEMENTS AND OTHER EXPENSES INCURRED
IN CONNECTION WITH NEGOTIATIONS, LEASES, OR DISPUTES WITH OTHER TENANTS OR
PROSPECTIVE TENANTS OR OTHER OCCUPANTS, OR ASSOCIATED WITH THE ENFORCEMENT OF
ANY OTHER LEASES OR THE DEFENSE OF LANDLORD'S TITLE TO OR INTEREST IN THE REAL
PROPERTY OR ANY PART THEREOF OR THE PREPARATION OR REVIEW OF FINANCIAL RECORDS
OR TAX RETURNS FOR THE LANDLORD, OR ADVICE TO LANDLORD NOT SPECIFICALLY RELATING
TO THE OPERATION OF THE BUILDING;
(C)
COSTS INCURRED BY LANDLORD IN CONNECTION WITH CONSTRUCTION OF THE
BUILDING AND RELATED FACILITIES, THE CORRECTION OF DEFECTS IN CONSTRUCTION OF
THE BUILDING OR THE DISCHARGE OF LANDLORD'S WORK WHETHER FOR TENANT OR ANYONE
ELSE;
(D)
COSTS (INCLUDING PERMIT, LICENSES AND INSPECTION FEES) INCURRED IN
RENOVATING OR OTHERWISE IMPROVING OR DECORATING, PAINTING, OR REDECORATING THE
BUILDING OR SPACE FOR OTHER TENANTS OR OTHER OCCUPANTS OR VACANT SPACE;
(E)
DEPRECIATION AND AMORTIZATION;
(F)
COSTS INCURRED DUE TO A BREACH BY LANDLORD OR ANY OTHER TENANT OF
THE TERMS AND CONDITIONS OF ANY LEASE OR ANY LAW;
7
(G)
OVERHEAD AND PROFIT INCREMENT PAID TO SUBSIDIARIES OR AFFILIATES
OF LANDLORD FOR MANAGEMENT OR OTHER SERVICES ON OR TO THE BUILDING OR FOR
SUPPLIES, UTILITIES OR OTHER MATERIALS, TO THE EXTENT THAT THE COSTS OF SUCH
SERVICES, SUPPLIES, UTILITIES OR MATERIALS EXCEED THE REASONABLE COSTS THAT
WOULD HAVE BEEN PAID HAD THE SERVICES, SUPPLIES OR MATERIALS BEEN REASONABLY AND
NECESSARY AND PROVIDED BY UNAFFILIATED PARTIES ON A REASONABLE BASIS WITHOUT
TAKING INTO EFFECT VOLUME DISCOUNTS OR REBATES OFFERED TO LANDLORD AS A
PORTFOLIO PURCHASER;
(H)
INTEREST ON DEBT OR AMORTIZATION PAYMENTS ON ANY MORTGAGE OR DEEDS
OF TRUST OR ANY OTHER BORROWINGS AND ANY GROUND RENT;
(I)
GROUND RENTS OR RENTALS PAYABLE BY LANDLORD PURSUANT TO ANY
OVER-LEASE;
(J)
ANY COMPENSATION PAID TO CLERKS, ATTENDANTS OR OTHER PERSONS