SUCH
OTHER PROPERTIES;
(E)
ALL COSTS AND PREMIUMS FOR FIRE, CASUALTY, RENTAL INCOME,
LIABILITY AND SUCH OTHER INSURANCE AS MAY BE MAINTAINED FROM TIME TO TIME BY
LANDLORD DIRECTLY RELATING TO THE PROPERTY ("INSURANCE PREMIUMS") AND PREMIUMS
FOR FIDELITY BONDS COVERING PERSONS HAVING CUSTODY OR CONTROL OVER FUNDS OR
OTHER PROPERTY OF LANDLORD RELATING TO THE PROPERTY;
(F)
SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION 4.2.2, ALL
COSTS OF MAINTAINING, REPAIRING, DECORATING, OPERATING, ADMINISTERING,
INSPECTING AND PROTECTING THE PROPERTY (INCLUDING, WITHOUT LIMITATION, LIGHTING,
INSTALLATION, MAINTENANCE, REPAIR AND ALTERATION OF SIGNS, SNOW REMOVAL ON THE
PROPERTY AND ADJACENT WALKS AND WAYS, PAVING, PATCHING AND RESTRIPING OF PARKING
AREAS AND OPERATION, MAINTENANCE, REPAIR OF HEATING, VENTILATING AND AIR
CONDITIONING EQUIPMENT, FIRE PROTECTION AND SECURITY SYSTEMS, GENERATORS,
PARKING AREAS AND ANY OTHER COMMON BUILDING EQUIPMENT, SYSTEMS OR FACILITIES),
AND ALL COSTS OF STRUCTURAL AND OTHER REPAIRS AND REPLACEMENTS (OTHER THAN
REPAIRS FOR WHICH LANDLORD HAS RECEIVED FULL REIMBURSEMENT FROM CONTRACTORS,
OTHER TENANTS OF THE BUILDING OR FROM OTHERS) NECESSARY TO KEEP THE PROPERTY IN
GOOD WORKING ORDER, REPAIR, APPEARANCE AND CONDITION;
(G)
COSTS OF COMPLIANCE WITH ANY LAWS, RULES, REGULATIONS, OR
ORDINANCES, AND AGREEMENTS ("PARK AGREEMENT COSTS")
APPLICABLE TO THE BUILDING
OR THE PROPERTY, WHICH CONFORMANCE IS NOT THE RESPONSIBILITY OF ANY TENANT OF
THE BUILDING, AND WHICH LANDLORD ELECTS OR IS REQUIRED TO PERFORM, AND COSTS OF
REMOVAL OR REMEDIATION OF OR TESTING AND MONITORING FOR ANY TOXIC OR HAZARDOUS
MATERIAL IN THE BUILDING OR PROPERTY, WHICH IS NOT THE RESPONSIBILITY OF ANY
TENANT OF THE BUILDING, AND WHICH LANDLORD ELECTS TO PERFORM;
(H)
ALL COSTS INCURRED IN CONNECTION WITH THE ADMINISTRATION AND
SUPERVISION OF ALL MATTERS REFERRED TO IN ITEMS (A) THROUGH (G) HEREOF AND IN
PERFORMING LANDLORD'S OBLIGATIONS UNDER ARTICLE 5, INCLUDING LANDLORD'S OFFICE
OVERHEAD COSTS PROVIDED THAT, IF ANY SUCH ADMINISTRATIVE OR SUPERVISORY
PERSONNEL ARE ALSO EMPLOYED ON OTHER PROPERTY OF LANDLORD, SUCH COST OF
COMPENSATION SHALL BE SUITABLY PRORATED AMONG THE PROPERTY AND SUCH OTHER
PROPERTIES;
46
GSDOCS\2096218.11
(I)
PAYMENTS UNDER ALL SERVICE CONTRACTS RELATING TO MATTERS
REFERRED TO IN ITEMS (A) THROUGH (H) HEREOF;
(J)
AN ADMINISTRATIVE FEE OF UP TO FIVE (5%) PERCENT OF THE
TOTAL COSTS OF THE OPERATION, CLEANING, MANAGEMENT, MAINTENANCE, REPAIR, UPKEEP
AND SECURITY OF THE PROPERTY, PROVIDED THAT SO LONG AS TENANT LEASES AND
OCCUPIES ONE HUNDRED (100%) PERCENT OF THE BUILDING, TENANT SHALL NOT BE CHARGED
WITH ANY ADMINISTRATIVE FEE; AND
(K)
ATTORNEY'S FEES AND DISBURSEMENTS (EXCLUSIVE OF ANY SUCH FEES
AND DISBURSEMENTS INCURRED IN TAX ABATEMENT PROCEEDINGS OR IN THE PREPARATION OF
LEASES) AND AUDITING AND OTHER PROFESSIONAL FEES AND EXPENSES, WHICH ARE
DIRECTLY ATTRIBUTABLE TO THE PROPERTY.
Notwithstanding the foregoing, Operating Costs shall not include capital
expenditures incurred by Landlord, except for the following ("Permitted
Capital
Expenditures"): (a) capital expenditures which, in Landlord's
reasonable judgment, are projected to reduce Operating Costs, and (b) capital
expenditures which are required as a result of laws, ordinances or regulations
which first are applicable to the Property after the Date of