IMPROVEMENTS, EXCEPT TO THE EXTENT
INCLUDED IN SUBSECTION (1) ABOVE.
THE COSTS OF SPECIAL SERVICES, TENANT IMPROVEMENTS AND CONCESSIONS, REPAIRS,
MAINTENANCE ITEMS OR UTILITIES SEPARATELY CHARGEABLE TO, OR SPECIFICALLY
PROVIDED FOR, INDIVIDUAL TENANTS OF THE BUILDING, INCLUDING, WITHOUT LIMITATION,
THE COST OF PREPARING ANY SPACE IN THE BUILDING FOR OCCUPANCY BY ANY TENANT
AND/OR FOR ALTERING, RENOVATING, REPAINTING, DECORATING, PLANNING AND DESIGNING
SPACES FOR ANY TENANT IN THE BUILDING IN CONNECTION WITH THE RENEWAL OF ITS
LEASE AND/OR COSTS OF PREPARING OR RENOVATING ANY VACANT SPACE FOR LEASE IN THE
BUILDING (INCLUDING PERMIT, LICENSE AND INSPECTION FEES).
ATTORNEY'S FEES AND DISBURSEMENTS, RECORDING COSTS, MORTGAGE RECORDING TAXES,
TITLE INSURANCE PREMIUMS, TITLE CLOSER'S GRATUITY AND OTHER SIMILAR COSTS,
INCURRED IN CONNECTION WITH ANY MORTGAGE FINANCING OR REFINANCING OR EXECUTION,
MODIFICATION OR EXTENSION OF ANY GROUND LEASE; LOAN PREPAYMENT PENALTIES,
PREMIUMS, FEES OR CHARGES.
SALARIES AND ALL OTHER COMPENSATION (INCLUDING FRINGE BENEFITS AND OTHER DIRECT
AND INDIRECT PERSONNEL COSTS) OF PARTNERS, OFFICERS AND EXECUTIVES ABOVE THE
GRADE OF SUPERINTENDENT OR BUILDING MANAGER OF LANDLORD OR THE MANAGING AGENT.
THE COSTS OF REPAIRS, REPLACEMENTS AND ALTERATIONS FOR WHICH AND TO THE EXTENT
THAT LANDLORD IS ACTUALLY REIMBURSED THEREFOR FROM ANY SOURCE; IT BEING
UNDERSTOOD THAT ANY RENT PAYMENTS OR OTHER PAYMENTS BY TENANTS IN THE NATURE OF
ADDITIONAL RENT AS PROVIDED IN THIS SECTION 4.1 SHALL NOT BE DEEMED SOURCES OF
REIMBURSEMENT TO LANDLORD FOR SUCH COSTS.
FEES, COSTS AND EXPENSES INCURRED BY LANDLORD IN CONNECTION WITH OR RELATING TO
CLAIMS AGAINST OR DISPUTES WITH TENANTS OF THE BUILDING (INCLUDING ANY SUCH
CLAIMS OR DISPUTES RELATING TO THE FITNESS FACILITY OR THE GARAGE) OR THE
NEGOTIATION OF LEASES WITH TENANTS OR PROSPECTIVE TENANTS, INCLUDING, WITHOUT
LIMITATION, LEGAL FEES AND DISBURSEMENTS.
CAPITAL EXPENDITURES DUE TO BREAKAGE, CASUALTY OR NORMAL WEAR AND TEAR, EXCEPT
TO THE EXTENT INCLUDABLE PURSUANT TO SECTION 4.1(B)(1)(XI).
ANY COSTS AND EXPENSES INCURRED BY LANDLORD IN CONNECTION WITH CAUSING THE
COMMON AND PUBLIC AREAS OF THE BUILDING WHICH ARE WITHIN LANDLORD'S SOLE AND
EXCLUSIVE CONTROL TO COMPLY WITH APPLICABLE LEGAL REQUIREMENTS, EXCEPT TO THE
EXTENT INCLUDED IN 1(VI) ABOVE.
COSTS INCURRED BY LANDLORD FOR THE ORIGINAL CONSTRUCTION AND DEVELOPMENT OF THE
BUILDING AND THE COMPLEX, AND FOR COMPLETION OF ALL PROFFERS WORK.
COSTS AND EXPENSES INCURRED BY LANDLORD FOR SERVICES WHICH ARE DUPLICATIVE OF,
OR ARE NORMALLY INCLUDED IN, ANY MANAGEMENT FEES PAID BY LANDLORD.
THAT PORTION OF ANY OPERATING EXPENSES WHICH IS PAID TO ANY ENTITY AFFILIATED
WITH LANDLORD WHICH IS IN EXCESS OF THE AMOUNT WHICH WOULD OTHERWISE BE PAID AT
THEN-EXISTING MARKET RATES TO AN ENTITY WHICH IS NOT AFFILIATED WITH LANDLORD
FOR THE PROVISION OF THE SAME SERVICE.
SUMS PAID BY LANDLORD FOR ANY INDEMNITY, DAMAGES, FINES, LATE CHARGES, PENALTIES
OR INTEREST FOR ANY LATE PAYMENT OR TO CORRECT VIOLATIONS OF BUILDING CODES OR
OTHER LAWS, REGULATIONS OR ORDINANCES APPLICABLE TO THE BUILDING, EXCEPT FOR
EXPENDITURES FOR REPAIRS AND MAINTENANCE OR OTHER ITEMS THAT WOULD OTHERWISE
REASONABLY CONSTITUTE OPERATING EXPENSES AND EXCEPT AS OTHERWISE PROVIDED IN
SUBSECTION (1)