PROPERTIES OWNED BY SIMILAR ENTITIES IN THE REASONABLE AND PRUDENT
JUDGMENT OF SUCH ENTITIES.
(4)
SUBJECT TO SECTION 9.2, COSTS OF ALL
MAINTENANCE AND SERVICE AGREEMENTS FOR THE PROPERTY (AND NO OTHER PROPERTIES),
INCLUDING, WITHOUT BEING LIMITED TO, WINDOW AND OTHER CLEANING, SNOW REMOVAL,
PAINTING IN PARKING LOT, SECURITY, ELEVATOR MAINTENANCE, AND JANITORIAL SERVICE.
(5)
SUBJECT TO TERMS AND CONDITIONS SET FORTH
IN SECTIONS 4.1 (A) (VII) AND 4.1(A)(XIX), COSTS OF REPAIRS, REPLACEMENTS,
DECORATIONS, AND GENERAL MAINTENANCE FOR THE PROPERTY (AND NO OTHER PROPERTIES),
INCLUDING, WITHOUT BEING LIMITED TO, EXTERIOR BUILDING MAINTENANCE, PAVING,
CURBS, DRAINAGE, LIGHTING, SIDEWALKS AND LANDSCAPING.
(6)
PROFESSIONAL FEES AND EXPENSES (INCLUDING,
WITHOUT BEING LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES) LIMITED SOLELY
TO THAT PORTION OF THOSE FEES WHICH DIRECTLY ARISES OUT OF AND RELATES TO THE
OPERATION OF THE BUILDING AS DEFINED HEREIN.
(7)
ALL COSTS OF MAKING ANY ALTERATIONS TO THE
BUILDING FOR LIFE-SAFETY SYSTEMS OR ENERGY CONSERVATION OR OTHER CAPITAL
IMPROVEMENTS REQUIRED BY ANY GOVERNMENTAL REQUIREMENT ENACTED OR AMENDED AFTER
THE DATE HEREOF OR WHICH ARE PRIMARILY FOR THE PURPOSE OF REDUCING OR
STABILIZING OPERATING COSTS OR PROVIDING ADDITIONAL OR INCREASED SERVICES TO THE
TENANTS OF THE BUILDING, AMORTIZED OVER THE USEFUL LIFE OF SUCH IMPROVEMENTS,
WITH A RETURN ON CAPITAL AT THE RATE OF TEN PERCENT (10%) PER ANNUM.
(8)
ALL PROPERTY MANAGEMENT FEES, COSTS AND
EXPENSES.
SAID FEES, COSTS AND EXPENSES SHALL BE LIMITED TO THE CURRENT MARKET
RATE FOR SUCH SERVICES FROM TIME TO TIME DURING THE TERM OF THE LEASE.
If Landlord is not furnishing any particular work or service (the cost of which
if performed by Landlord would constitute an Operating Cost) to a tenant (other
than Tenant) who has undertaken to perform such work or service in lieu of the
performance thereof by Landlord, Operating Costs shall be increased by an amount
equal to the additional Operating Costs which would have been incurred during
such period by Landlord if it had at its own expense furnished such work or
services to such tenant.
In
10
determining the amount of Operating Costs for any calendar year, if less than
95% of the net rentable square feet of the Building shall have been occupied by
tenant(s) at any time during such calendar year, Operating Costs shall be
determined for such year to be an amount equal to the like expenses which would
have been incurred had such occupancy been 95% throughout such year. The
foregoing adjustment in Operating Costs shall only be applied with respect to
Operating Costs which vary with the level of occupancy.
The following expenses are excluded from Operating Costs:
(I)
DEPRECIATION AND AMORTIZATION;
(II)
EXPENSES INCURRED BY LANDLORD TO PREPARE,
RENOVATE, REPAINT, REDECORATE OR PERFORM ANY OTHER WORK IN ANY SPACE LEASED TO
AN EXISTING TENANT OR PROSPECTIVE TENANT OF THE BUILDING;
(III)
EXPENSES INCURRED BY LANDLORD OR OTHER
TENANTS FOR REPAIRS OR OTHER WORK OCCASIONED BY FIRE, WINDSTORM, OR OTHER
INSURABLE CASUALTY OR CONDEMNATION;
(IV)
EXPENSES INCURRED BY LANDLORD TO LEASE SPACE
TO