UTILITIES, TOGETHER WITH ANY TAXES AND SURCHARGES ON, AND FEES PAID IN
CONNECTION WITH THE CALCULATION AND BILLING OF SUCH UTILITIES; (IV) THE COST OF
PAINTING AND/OR DECORATING ALL AREAS OF THE REAL PROPERTY, EXCLUDING, HOWEVER,
ANY SPACE CONTAINED THEREIN WHICH IS DEMISED OR TO BE DEMISED TO TENANT(S);
(V) THE COST OF CASUALTY, LIABILITY, FIDELITY, RENT AND ALL OTHER INSURANCE
REGARDING THE REAL PROPERTY AND/OR ANY PROPERTY ON, BELOW OR ABOVE THE REAL
PROPERTY, AND THE REPAIR, MAINTENANCE, OPERATION AND/OR SECURITY THEREOF;
(VI) THE COST OF ALL SUPPLIES, TOOLS, MATERIALS AND EQUIPMENT, WHETHER BY
PURCHASE OR RENTAL, USED IN THE REPAIR, MAINTENANCE, OPERATION AND/OR SECURITY
OF THE REAL PROPERTY, AND ANY SALES AND OTHER TAXES THEREON; (VII) THE RENTAL
VALUE OF THE LANDLORD'S BUILDING OFFICE UTILIZED BY THE PERSONNEL OF EITHER
LANDLORD OR LANDLORD'S AFFILIATES, IN CONNECTION WITH THE REPAIR, MAINTENANCE,
OPERATION AND/OR SECURITY THEREOF, AND ALL BUILDING OFFICE EXPENSES, SUCH AS
TELEPHONE, UTILITY, STATIONERY AND SIMILAR EXPENSES INCURRED IN CONNECTION
THEREWITH; (VIII) THE COST OF CLEANING, JANITORIAL AND SECURITY SERVICES,
INCLUDING, WITHOUT LIMITATION, GLASS CLEANING, SNOW AND ICE REMOVAL AND GARBAGE
AND WASTE COLLECTION AND/OR DISPOSAL; (IX) THE COST OF ALL INTERIOR AND EXTERIOR
LANDSCAPING AND ALL TEMPORARY EXHIBITIONS LOCATED AT OR WITHIN THE REAL
PROPERTY; (X) THE AMORTIZED COST OF CAPITAL IMPROVEMENTS MADE OR INSTALLED AFTER
THE EXPIRATION OF THE BASE OPERATING YEAR WHICH ARE
7
(A) PERFORMED PRIMARILY TO REDUCE OPERATING EXPENSES (BUT THEN NOT TO EXCEED THE
INTENDED REDUCTION), (B) REQUIRED TO COMPLY WITH ANY LEGAL REQUIREMENTS THAT ARE
ENACTED OR TAKE EFFECT AFTER THE DATE OF THIS LEASE, (C) REQUIRED TO COMPLY WITH
ANY INSURANCE REQUIREMENTS THAT ARE ENACTED OR TAKE EFFECT AFTER THE DATE OF
THIS LEASE, OR (D) MADE FOR ANY EMERGENCY, LIFE SAFETY, SECURITY OR PROPERTY
PROTECTION SYSTEMS (COLLECTIVELY, "LIFE SAFETY CAPITAL EXPENDITURES"), THE COST
OF ANY SUCH CAPITAL IMPROVEMENTS MADE OR INSTALLED PURSUANT TO THIS CLAUSE
(X) TO BE AMORTIZED BY LANDLORD ON A STRAIGHT-LINE BASIS OVER THE SHORTER OF:
(I) THE USEFUL LIFE OF SUCH CAPITAL IMPROVEMENT AS REASONABLY DETERMINED BY
LANDLORD AND (II) FIFTEEN (15) YEARS; (XI) THE COST OF REPAIRS MADE IN
CONNECTION WITH REPAIRS OF CABLES, FANS, PUMPS, BOILERS, COOLING EQUIPMENT,
WIRING AND ELECTRICAL FIXTURES AND METERING, CONTROL AND DISTRIBUTION EQUIPMENT,
COMPONENT PARTS OF THE HVAC (AS HEREINAFTER DEFINED), ELECTRICAL, PLUMBING,
ELEVATOR AND ANY LIFE OR PROPERTY PROTECTION SYSTEMS (INCLUDING, WITHOUT
LIMITATION, SPRINKLER SYSTEMS), WINDOW WASHING EQUIPMENT AND SNOW REMOVAL
EQUIPMENT, AND REPLACEMENTS THEREOF WHICH ARE, IN LANDLORD'S REASONABLE
JUDGMENT, ECONOMICALLY PRUDENT TO MAKE IN LIEU OF REPAIRS TO THE REPLACED ITEM
AND NOT MADE FOR THE PURPOSE OF ENHANCING THE VALUE OF THE BUILDING (ALTHOUGH
THE FACT THAT THE BUILDING IS ENHANCED SHALL NOT PRECLUDE INCLUSION AS AN
OPERATING EXPENSE), PROVIDED THAT ANY SUCH COSTS THAT ARE CAPITAL EXPENDITURES
IN ACCORDANCE WITH GAAP (AS HEREINAFTER DEFINED) SHALL ONLY BE INCLUDED IN ANY
OPERATING YEAR TO THE EXTENT OF THE AMOUNT OF THE ANNUAL AMORTIZATION THEREOF
CALCULATED ON A STRAIGHT-LINE BASIS OVER THE USEFUL LIFE