AND ASSESSMENTS DUE AS DETERMINED BY LANDLORD PURSUANT
TO THIS PARAGRAPH IV.
IF TENANT IS SUCCESSFUL IN SUCH ACTION OR PROCEEDING,
LANDLORD SHALL REIMBURSE TO TENANT PROPORTIONATE SHARE OF THE REDUCTION IN TAXES
AND ASSESSMENTS REALIZED BY TENANT IN SUCH CONTEST OR PROCEEDING WITHIN
THIRTY (30) DAYS AFTER THE AMOUNT OF SUCH REDUCTION HAS BEEN PAID TO LANDLORD BY
THE TAXING AUTHORITY.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO
EVENT SHALL TAXES AND ASSESSMENTS INCLUDE ANY FRANCHISE, ESTATE, GIFT,
SUCCESSION, INHERITANCE, TRANSFER, NET INCOME, OR EXCESS PROFITS TAX IMPOSED
UPON LANDLORD, OR ANY PENALTIES OR FEES ARISING FROM LANDLORD'S LATE PAYMENT OF
ANY TAXES AND ASSESSMENTS, PROVIDED TENANT SHALL HAVE TIMELY PAID TO LANDLORD
THE AMOUNT DUE IN RESPECT THEREOF PURSUANT TO THIS LEASE.
4.02.2
INSURANCE.
ALL INSURANCE PREMIUMS AND OTHER REASONABLE,
DIRECT, AND ACTUAL COSTS AND EXPENSES OF LANDLORD FOR INSURANCE CARRIED IN
CONNECTION WITH THE PROJECT, TO THE EXTENT CONSISTENT WITH INSTITUTIONAL ASSET
MANAGEMENT PRACTICES, AND ANY DEDUCTIBLES PAID UNDER POLICIES OF ANY SUCH
INSURANCE.
NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THIS LEASE,
WITH RESPECT TO ANY PARTICULAR CASUALTY EVENT AFFECTING THE PROJECT, THE
DEDUCTIBLE AMOUNTS AND THE OTHER COSTS OF REPAIR OF THE CASUALTY SHALL BE
AMORTIZED OVER THE USEFUL LIFE OF THE REPAIR ACCORDING TO GENERALLY ACCEPTED
ACCOUNTING PRACTICES, AND ONLY THE PORTION OF SUCH AMORTIZED DEDUCTIBLE AS IS
ALLOCABLE TO THE BALANCE OF THE TERM SHALL BE INCLUDED IN ADDITIONAL RENT, AND
THE MAXIMUM AMOUNT INCLUDED IN
5
ADDITIONAL RENT IN ANY CALENDAR YEAR WITH RESPECT TO SUCH EVENT SHALL NOT EXCEED
$2.00 PER SQUARE FOOT OF RENTABLE AREA OF THE PREMISES.
LANDLORD SHALL BE
RESPONSIBLE FOR ALL COSTS BEYOND $2.00 PER SQUARE FOOT.
4.02.3
UTILITIES.
THE COST OF ALL UTILITIES (AS HEREINAFTER DEFINED)
SERVING THE PREMISES, THE BUILDINGS AND THE PROJECT THAT ARE NOT SEPARATELY
METERED TO TENANT, ANY ASSESSMENTS OR CHARGES FOR UTILITIES OR SIMILAR PURPOSES
INCLUDED WITHIN ANY TAX BILL FOR THE BUILDINGS OR THE PROJECT, INCLUDING,
WITHOUT LIMITATION, ENTITLEMENT FEES, ALLOCATION UNIT FEES, AND/OR ANY SIMILAR
FEES OR CHARGES RELATED THERETO, AND ANY AMOUNTS, TAXES, CHARGES, SURCHARGES,
ASSESSMENTS OR IMPOSITIONS LEVIED, ASSESSED OR IMPOSED UPON THE PREMISES, THE
BUILDINGS OR THE PROJECT OR ANY PART THEREOF, OR UPON TENANT'S USE AND OCCUPANCY
THEREOF, AS A RESULT OF ANY RATIONING OF UTILITY SERVICES OR RESTRICTION ON
UTILITY USE AFFECTING THE PREMISES, THE BUILDINGS AND/OR THE PROJECT, AS
CONTEMPLATED IN PARAGRAPH V BELOW (COLLECTIVELY, "UTILITY EXPENSES").
4.02.4
COMMON AREA EXPENSES.
ALL COSTS TO OPERATE, MAINTAIN, REPAIR,
SUPERVISE, INSURE AND ADMINISTER THE COMMON AREAS, INCLUDING SUPPLIES,
MATERIALS, LABOR AND EQUIPMENT USED IN OR RELATED TO THE OPERATION AND
MAINTENANCE OF THE COMMON AREAS, INCLUDING SIGNS AND DIRECTORIES ON THE
BUILDINGS AND/OR THE PROJECT, LANDSCAPING (INCLUDING MAINTENANCE CONTRACTS AND
FEES PAYABLE TO LANDSCAPING CONSULTANTS), AMENITIES, SPRINKLER SYSTEMS,
SIDEWALKS, WALKWAYS, DRIVEWAYS, CURBS, LIGHTING SYSTEMS AND SECURITY SERVICES,
IF ANY, PROVIDED BY LANDLORD FOR THE COMMON AREAS, AND ANY CHARGES, ASSESSMENTS,
COSTS OR FEES PAYABLE PURSUANT TO ANY COVENANTS, CONDITIONS AND RESTRICTIONS OR