OF THE DEPARTMENT OF LABOR OF THE UNITED STATES GOVERNMENT.
3
D.
NET LEASE. IT IS THE INTENT OF LANDLORD
AND TENANT THAT THE RENT TO BE PAID DURING THE LEASE TERM SHALL BE A NET RETURN
TO LANDLORD, FREE OF EXPENSE, CHARGE, OR REDUCTION WITH RESPECT TO THE PREMISES.
EXCEPT AS OTHERWISE PROVIDED HEREIN, TENANT SHALL PAY ALL OPERATING EXPENSES OF
THE PREMISES DURING THE LEASE TERM. OPERATING EXPENSES ARE DEFINED AS:
(1)
ALL REAL PROPERTY TAXES AND ASSESSMENTS
LEVIED AGAINST THE PREMISES BY ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL AUTHORITY.
THE FOREGOING SHALL INCLUDE ANY TAXES, ASSESSMENTS, SURCHARGES, OR SERVICE OR
OTHER FEES OF A NATURE NOT PRESENTLY IN EFFECT WHICH SHALL HEREAFTER BE LEVIED
ON THE PREMISES AS A RESULT OF THE USE, OWNERSHIP OR OPERATION OF THE PREMISES
OR FOR ANY OTHER REASON, WHETHER IN LIEU OF OR IN ADDITION TO, ANY CURRENT REAL
ESTATE TAXES AND ASSESSMENTS; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE TERM
"TAXES OR ASSESSMENTS,"
AS USED HEREIN, INCLUDE ANY NET FEDERAL OR STATE INCOME
TAXES LEVIED OR ASSESSED ON LANDLORD, UNLESS SUCH TAXES ARE A SPECIFIC
SUBSTITUTE FOR REAL PROPERTY TAXES (ALL OF THE FOREGOING ARE COLLECTIVELY
REFERRED TO HEREIN AS THE "TAXES"). "ASSESSMENT" SHALL INCLUDE SO-CALLED SPECIAL
ASSESSMENTS, LICENSE TAX, BUSINESS LICENSE FEE OR TAX, GAMING LICENSE AND/OR
GAMING EQUIPMENT FEE, COMMERCIAL RENTAL TAX, LEVY, CHARGE PENALTY OR TAX,
IMPOSED BY ANY AUTHORITY HAVING THE DIRECT POWER TO TAX, INCLUDING ANY CITY,
COUNTY, STATE OR FEDERAL GOVERNMENT, OR ANY SCHOOL, AGRICULTURAL, LIGHTING,
WATER, DRAINAGE OR OTHER IMPROVEMENT OR SPECIAL DISTRICT THEREOF, AGAINST THE
PREMISES OR ANY LEGAL OR EQUITABLE INTEREST OF LANDLORD THEREIN. FOR PURPOSES OF
THIS LEASE, ANY SPECIAL ASSESSMENTS SHALL BE DEEMED PAYABLE IN SUCH NUMBER OF
INSTALLMENTS AS IS PERMITTED BY LAW, WHETHER OR NOT ACTUALLY SO PAID AND SHALL
INCLUDE ANY APPLICABLE INTEREST ON SUCH INSTALLMENTS.
(2)
COSTS OF SUPPLIES.
(3)
COSTS INCURRED IN CONNECTION WITH OBTAINING
AND PROVIDING ENERGY FOR THE PREMISES, INCLUDING, BUT NOT LIMITED TO, COSTS OF
PROPANE, BUTANE, NATURAL GAS, STEAM, ELECTRICITY, SOLAR ENERGY AND FUEL OILS,
COAL OR ANY OTHER ENERGY SOURCES.
(4)
COSTS OF WATER AND SANITARY AND STORM
DRAINAGE SERVICES.
(5)
COSTS OF GENERAL MAINTENANCE AND REPAIRS
OCCASIONED BY NORMAL WEAR AND TEAR ON THE PREMISES EXPERIENCED DURING THE TERM,
INCLUDING THE COST OF MAINTAINING (BUT NOT REPAIRING OR REPLACING) HV AC AND
OTHER MECHANICAL SYSTEMS.
(6)
COSTS OF MAINTENANCE AND REPLACEMENT OF
LANDSCAPING.
(7)
COSTS OF OBTAINING INSURANCE INSURING
TENANT IN THE AMOUNT OF TWO MILLION DOLLARS ($2,000,000.00) FOR DAMAGE TO
PROPERTY, PROVIDED THAT TENANT'S OBLIGATION TO OBTAIN AND MAINTAIN SUCH
INSURANCE SHALL NOT ARISE UNTIL THE COMMENCEMENT DATE, AND THE RISK OF DAMAGE,
INJURY OR LOSS ON AND TO THE PREMISES SHALL BE BORNE BY LANDLORD DURING THE
PERIOD MAY 1, 1998 TO THE COMMENCEMENT DATE.
"Operating Expenses" shall not include:
(A)
COSTS OF REPAIR OF STRUCTURAL DEFECTS,
INCLUDING THE ROOF, WALLS AND FLOORS OF THE PREMISES, OR OF REPAIR OR
REPLACEMENT OF THE HVAC, PLUMBING (EXCEPT