TILES AND FIXTURES IN COMMON AREAS, MAINTENANCE AND REPLACEMENT OF CURBS AND
WALKWAYS, REPAIR TO THE BUILDING'S ROOF MEMBRANE; (XII) AMORTIZATION (INCLUDING
INTEREST ON THE UNAMORTIZED COST) OF THE COST OF ACQUIRING OR THE RENTAL EXPENSE
OF PERSONAL PROPERTY USED IN THE MAINTENANCE, OPERATION AND REPAIR OF THE
PROJECT, OR ANY PORTION THEREOF, TO THE EXTENT OF COST SAVINGS REASONABLY
ANTICIPATED BY LANDLORD AT THE TIME OF SUCH EXPENDITURE TO BE INCURRED IN
CONNECTION THEREWITH; (XIII) THE COST OF CAPITAL IMPROVEMENTS OR OTHER COSTS
INCURRED IN CONNECTION WITH THE PROJECT (A) WHICH ARE INTENDED TO EFFECT
ECONOMIES IN THE OPERATION OR MAINTENANCE OF THE PROJECT, OR ANY PORTION
THEREOF, (B) THAT ARE REQUIRED TO COMPLY WITH PRESENT OR ANTICIPATED
CONSERVATION PROGRAMS, (C) WHICH ARE REPLACEMENTS OR MODIFICATIONS OF
NONSTRUCTURAL ITEMS LOCATED IN THE COMMON AREAS REQUIRED TO KEEP THE COMMON
AREAS IN GOOD ORDER OR CONDITION, OR (D) THAT ARE REQUIRED UNDER ANY
GOVERNMENTAL LAW OR REGULATION BY A FEDERAL, STATE OR LOCAL
13
GOVERNMENTAL AGENCY, EXCEPT FOR CAPITAL REPAIRS, REPLACEMENTS OR OTHER
IMPROVEMENTS TO REMEDY A CONDITION EXISTING PRIOR TO THE LEASE COMMENCEMENT DATE
WHICH AN APPLICABLE GOVERNMENTAL AUTHORITY, IF IT HAD KNOWLEDGE OF SUCH
CONDITION PRIOR TO THE LEASE COMMENCEMENT DATE, WOULD HAVE THEN REQUIRED TO BE
REMEDIED PURSUANT TO THEN-CURRENT GOVERNMENTAL LAWS OR REGULATIONS IN THEIR FORM
EXISTING AS OF THE LEASE COMMENCEMENT DATE AND PURSUANT TO THE THEN-CURRENT
INTERPRETATION OF SUCH GOVERNMENTAL LAWS OR REGULATIONS BY THE APPLICABLE
GOVERNMENTAL AUTHORITY AS OF THE LEASE COMMENCEMENT DATE; PROVIDED, HOWEVER,
THAT ANY CAPITAL EXPENDITURE SHALL BE AMORTIZED WITH INTEREST OVER ITS USEFUL
LIFE, AS REASONABLY DETERMINED BY LANDLORD PURSUANT TO SOUND REAL ESTATE
ACCOUNTING AND MANAGEMENT PRINCIPLES, CONSISTENTLY APPLIED; (XIV) COSTS, FEES,
CHARGES OR ASSESSMENTS IMPOSED BY, OR RESULTING FROM ANY MANDATE IMPOSED ON
LANDLORD BY, ANY FEDERAL, STATE OR LOCAL GOVERNMENT FOR FIRE AND POLICE
PROTECTION, TRASH REMOVAL, COMMUNITY SERVICES, OR OTHER SERVICES WHICH DO NOT
CONSTITUTE "TAX EXPENSES" AS THAT TERM IS DEFINED IN SECTION 4.2.5, BELOW; AND
(XV) PAYMENTS UNDER ANY EASEMENT, LICENSE, OPERATING AGREEMENT, DECLARATION,
RESTRICTIVE COVENANT, OR INSTRUMENT PERTAINING TO THE SHARING OF COSTS BY THE
BUILDING.
NOTWITHSTANDING THE FOREGOING, FOR PURPOSES OF THIS LEASE, OPERATING
EXPENSES SHALL NOT, HOWEVER, INCLUDE:
(A)
ALL COSTS RELATING TO THE MAINTENANCE AND
REPAIR OF THE FOLLOWING STRUCTURAL ITEMS:
(I) THE FOUNDATION SLAB STRUCTURE
UNDER THE BUILDING (II) EXTERIOR WALL STRUCTURE OF THE BUILDING, AND (III) THE
ROOF STRUCTURE OF THE BUILDING (EXCLUDING THE MEMBRANE), EXCEPT TO THE EXTENT
SUCH REPAIRS ARE REQUIRED DUE TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT;
(B)
COSTS, INCLUDING MARKETING COSTS, LEGAL
FEES, SPACE PLANNERS' FEES, ADVERTISING AND PROMOTIONAL EXPENSES, AND BROKERAGE
FEES INCURRED IN CONNECTION WITH THE ORIGINAL CONSTRUCTION OR DEVELOPMENT, OR
ORIGINAL OR FUTURE LEASING OF THE PROJECT, AND COSTS, INCLUDING PERMIT, LICENSE
AND INSPECTION COSTS, INCURRED WITH RESPECT TO THE INSTALLATION OF TENANT
IMPROVEMENTS MADE FOR OTHER TENANTS OR INCURRED IN RENOVATING OR OTHERWISE
IMPROVING, DECORATING, PAINTING OR REDECORATING VACANT SPACE FOR TENANTS OR
OTHER OCCUPANTS OF