by, Lessor or Lessor's lender(s).
9
SECTION 4.07.
OPERATING EXPENSES.
(A)
DEFINITION.
"OPERATING EXPENSES" SHALL MEAN AND INCLUDE, TO THE
EXTENT NOT BILLED AS A COST OR EXPENSE OF THE PREMISES OR PURSUANT TO ARTICLE
VII OR IX, ALL COSTS AND EXPENSES OF EVERY KIND AND NATURE PAID OR INCURRED BY
LESSOR (WHETHER OBLIGATED TO DO SO OR UNDERTAKEN AT LESSOR'S DISCRETION) IN THE
OPERATION, MAINTENANCE AND REPLACEMENT OF THE BUILDING, PROJECT AND COMMON
AREAS, INCLUDING COMMON AREA BUILDINGS AND IMPROVEMENTS LOCATED WITHIN THE
PROJECT AND INCLUDING COMMON AREAS LOCATED IN THE BUILDING.
SUCH COST AND
EXPENSES SHALL INCLUDE, BUT NOT BE LIMITED TO, COSTS OF MANAGEMENT; CLEANING;
LIGHTING; THE COSTS OF MAINTAINING, REPAIRING AND REPLACING ALL COMMON AREA
IMPROVEMENTS (REPLACING SHALL BE DEEMED TO INCLUDE BUT NOT BE LIMITED TO THE
REPLACEMENT OF LIGHT POLES AND FIXTURES, STORM AND SANITARY SEWERS, PARKING
LOTS, DRIVEWAYS AND ROADS AS WELL AS BUILDING ELEVATORS, STAIRWAYS, FLOORS AND
WALLS IN THE COMMON AREA AND BUILDING, ROOF, ROOF MEMBRANE AND OTHER BUILDING
ELEMENTS WHICH ARE THE RESPONSIBILITY OF LESSOR TO MAINTAIN, REPAIR AND REPLACE
UNDER THIS LEASE), REPAIRS TO AND MAINTENANCE OF THE STRUCTURAL AND
NON-STRUCTURAL PORTIONS OF THE AMENITY/ATHLETIC FACILITY; SUPPLIES, TOOLS,
EQUIPMENT AND MATERIALS USED IN THE OPERATION AND MAINTENANCE OF THE PROJECT;
SNOW REMOVAL; PARKING LOT STRIPING; REMOVAL OF TRASH, RUBBISH, GARBAGE AND OTHER
REFUSE; PAINTING; REMOVAL OF GRAFFITI; PAINTING OF EXTERIOR WALLS; LANDSCAPING;
PROVIDING SECURITY TO THE EXTENT LESSOR DETERMINES IN ITS SOLE DISCRETION TO DO
SO (INCLUDING SECURITY SYSTEMS AND/OR SYSTEMS DESIGNED TO SAFEGUARD LIFE OR
PROPERTY AGAINST ACTS OF GOD AND/OR CRIMINAL AND/OR NEGLIGENT ACTS, AND THE
COSTS OF MAINTAINING OF SAME); PUBLIC LIABILITY, PROPERTY DAMAGE, FIRE
INSURANCE, EARTHQUAKE AND FLOOD COVERAGE, ALL RISK OR SPECIAL FORM INSURANCE
COVERAGE, RENT INTERRUPTION INSURANCE COVERAGE, THE COSTS OF EXCESS AWARD ABOVE
INSURANCE AGGREGATE, TOTAL COMPENSATION AND BENEFITS (INCLUDING PREMIUMS FOR
WORKERS' COMPENSATION AND OTHER INSURANCE) PAID TO OR ON BEHALF OF EMPLOYEES,
INCLUDING BUT NOT LIMITED TO FULL OR PART TIME ON-SITE MANAGEMENT OR MAINTENANCE
PERSONNEL; PERSONAL PROPERTY TAXES; FIRE PROTECTION AND FIRE HYDRANT CHARGES
(INCLUDING FIRE PROTECTION SYSTEM SIGNALING DEVICES, NOW OR HEREAFTER REQUIRED,
AND THE COSTS OF MAINTAINING OF SAME); WATER AND SEWER CHARGES; UTILITY CHARGES;
LICENSE AND PERMIT FEES NECESSARY TO OPERATE AND MAINTAIN THE BUILDING AND
PROJECT; THE INITIAL COST OF OR THE REASONABLE DEPRECIATION OF EQUIPMENT USED IN
OPERATING AND MAINTAINING THE BUILDING, PROJECT AND COMMON AREAS AND RENT PAID
FOR LEASING ANY SUCH EQUIPMENT; REASONABLE COST OF ON OR OFF SITE STORAGE SPACE
OF ANY AND ALL ITEMS USED IN CONJUNCTION WITH THE OPERATION, MAINTENANCE AND
MANAGEMENT OF THE PROJECT, INCLUDING BUT NOT LIMITED TO TOOLS, MACHINERY,
RECORDS, DECORATIONS, TABLES, BENCHES, SUPPLIES AND METERS; THE COST OF AND
INSTALLATION COST OF ANY AND ALL ITEMS WHICH ARE INSTALLED FOR THE PURPOSE OF
REDUCING OPERATING EXPENSES, INCREASING BUILDING OR PUBLIC SAFETY OR WHICH MAY
BE THEN REQUIRED BY GOVERNMENTAL AUTHORITY, LAWS, STATUTES, ORDINANCES AND/OR
REGULATIONS, A USE PRIVILEGE CONSISTING OF BASE RENT AND OPERATING