REQUIRED OR BENEFICIAL
EASEMENTS; AND RELATED SERVICE AGREEMENTS AND RENTAL EXPENSES.
(2)
ADMINISTRATIVE AND MANAGEMENT COSTS, INCLUDING ACCOUNTING,
INFORMATION AND PROFESSIONAL SERVICES (EXCEPT FOR NEGOTIATIONS AND DISPUTES WITH
SPECIFIC TENANTS NOT AFFECTING OTHER PARTIES); MANAGEMENT OFFICE(S); AND WAGES,
SALARIES, BENEFITS, REIMBURSABLE EXPENSES AND TAXES (OR ALLOCATIONS THEREOF) FOR
FULL AND PART TIME PERSONNEL INVOLVED IN OPERATION, MAINTENANCE AND MANAGEMENT
AT OR BELOW THE LEVEL OF GENERAL MANAGER FOR THE COMPLEX.
(3)
JANITORIAL SERVICE; WINDOW CLEANING; WASTE DISPOSAL; GAS, WATER
AND SEWER AND OTHER UTILITY CHARGES (INCLUDING ADD-ONS); AND LANDSCAPING,
INCLUDING ALL APPLICABLE TOOLS AND SUPPLIES.
(4)
PROPERTY, LIABILITY AND OTHER INSURANCE COVERAGES CARRIED BY
LANDLORD, INCLUDING DEDUCTIBLES OR RISK RETENTION AND A PROPORTIONATE ALLOCATION
OF THE COST OF BLANKET INSURANCE POLICIES MAINTAINED BY LANDLORD AND/OR ITS
AFFILIATES (DEFINED BELOW).
(5)
REAL ESTATE TAXES, ASSESSMENTS, BUSINESS TAXES, EXCISES, PROPERTY
ASSOCIATION DUES, FEES, LEVIES, CHARGES AND OTHER TAXES OF EVERY KIND AND NATURE
WHATSOEVER, GENERAL AND SPECIAL, EXTRAORDINARY AND ORDINARY, FORESEEN AND
UNFORESEEN, INCLUDING INTEREST ON INSTALLMENT PAYMENTS, WHICH MAY BE LEVIED OR
ASSESSED AGAINST OR ARISE IN CONNECTION WITH OWNERSHIP, USE, OCCUPANCY, RENTAL,
OPERATION OR POSSESSION OF THE PROPERTY (INCLUDING PERSONAL PROPERTY TAXES FOR
PROPERTY THAT IS OWNED BY LANDLORD AND USED IN CONNECTION WITH THE OPERATION,
MAINTENANCE AND REPAIR OF THE PROPERTY), OR SUBSTITUTED, IN WHOLE OR IN PART,
FOR A TAX PREVIOUSLY IN EXISTENCE BY ANY TAXING AUTHORITY, OR ASSESSED IN LIEU
OF A TAX INCREASE, OR PAID AS RENT UNDER ANY GROUND LEASE.
REAL ESTATE TAXES DO
NOT INCLUDE LANDLORD'S INCOME, FRANCHISE OR ESTATE TAXES (EXCEPT TO THE EXTENT
SUCH EXCLUDED TAXES ARE ASSESSED IN LIEU OF TAXES INCLUDED ABOVE).
(6)
COMPLIANCE WITH LAWS WHICH ARE AMENDED, BECOME EFFECTIVE, OR ARE
INTERPRETED OR ENFORCED DIFFERENTLY, AFTER THE DATE OF THIS LEASE; INCLUDING
LICENSE, PERMIT AND INSPECTION FEES (BUT NOT IN DUPLICATION OF CAPITAL
EXPENDITURES AMORTIZED AS PROVIDED IN SECTION 4.D(9)); AND ALL EXPENSES AND
FEES, INCLUDING ATTORNEYS' FEES AND COURT OR OTHER VENUE OF DISPUTE RESOLUTION
COSTS, INCURRED IN NEGOTIATING OR CONTESTING REAL ESTATE TAXES OR THE VALIDITY
AND/OR APPLICABILITY OF ANY GOVERNMENTAL ENACTMENTS WHICH MAY AFFECT OPERATING
EXPENSES; PROVIDED LANDLORD SHALL CREDIT AGAINST OPERATING EXPENSES ANY REFUNDS
RECEIVED FROM SUCH NEGOTIATIONS OR CONTESTS TO THE EXTENT ORIGINALLY INCLUDED IN
OPERATING EXPENSES (LESS LANDLORD'S ACTUAL COSTS).
(7)
BUILDING SAFETY SERVICES, TO THE EXTENT PROVIDED OR CONTRACTED FOR
BY LANDLORD.
(8)
GOODS AND SERVICES PURCHASED FROM LANDLORD'S SUBSIDIARIES AND
AFFILIATES TO THE EXTENT THE COST OF SAME IS GENERALLY CONSISTENT WITH RATES
CHARGED BY UNAFFILIATED THIRD PARTIES FOR SIMILAR GOODS AND SERVICES.
(9)
AMORTIZATION OF CAPITAL EXPENDITURES INCURRED: (A) TO CONFORM WITH
LAWS WHICH ARE AMENDED, BECOME EFFECTIVE, OR ARE INTERPRETED OR ENFORCED
DIFFERENTLY, AFTER THE DATE OF THIS LEASE; PROVIDED, HOWEVER, ALL CAPITAL
EXPENDITURES MADE IN ORDER TO CONFORM TO OR COMPLY WITH ADA SHALL BE INCLUDED IN
OPERATING EXPENSES PROVIDED SUCH CAPITAL EXPENDITURES ARE MADE FOR REVISIONS OR
CHANGES TO ADA AFTER THE DATE OF THIS LEASE; (B) TO PROVIDE OR MAINTAIN BUILDING
STANDARDS (OTHER THAN BUILDING