OR INTEREST PAYMENTS ON LESSOR'S MORTGAGE DEBT AGAINST THE
PREMISES, OR PAYMENT OF INCOME TAXES BY LESSOR.
"OPERATING EXPENSES" INCLUDE,
BUT ARE NOT LIMITED TO, THE FOLLOWING:
(A)
EMPLOYEE EXPENSES.
WAGES, SALARIES AND RELATED EXPENSES OF ALL
EMPLOYEES DIRECTLY ENGAGED IN THE OPERATION, MAINTENANCE AND SECURITY OF THE
BUILDING.
(B)
SUPPLIES AND MATERIALS.
ALL SUPPLIES AND MATERIALS USED IN THE
OPERATION AND MAINTENANCE OF THE BUILDING.
(C)
UTILITIES.
THE "COMMON AREA" UTILITIES THAT SERVE THE BUILDING
ARE SEPARATELY METERED, AND LESSEE SHALL PAY ITS PERCENTAGE SHARE OF ANY SUCH
COSTS WHICH MAY INCLUDE GAS, ELECTRICITY, WATER AND SEWER FOR THE TERM OF THIS
AGREEMENT.
ALL OTHER UTILITY SERVICES TO THE PREMISES WILL BE METERED
SEPARATELY, BILLED TO AND PAID FOR BY LESSEE.
(D)
MANAGEMENT AND MAINTENANCE AGREEMENT.
MANAGEMENT COSTS NOT TO
EXCEED THOSE WHICH ARE CUSTOMARILY CHARGED BY INDEPENDENT MANAGERS FOR SIMILAR
BUILDINGS IN SIMILAR LOCATIONS, MAINTENANCE AND SERVICE AGREEMENTS FOR THE
BUILDING AND THE EQUIPMENT THEREIN INCLUDING, BUT NOT LIMITED TO, BUILDING ALARM
SYSTEM(S), WINDOW CLEANING, SNOW REMOVAL AND GROUND MAINTENANCE.
(E)
INSURANCE.
COST OF ALL INSURANCE, INCLUDING, BUT NOT LIMITED TO,
FIRE, CASUALTY, LIABILITY AND RENTAL ABATEMENT INSURANCE APPLICABLE TO THE
BUILDING AND LESSOR'S PERSONAL PROPERTY USED IN CONNECTION THEREIN.
IF THE USE
OF THE PREMISES BY LESSEE RESULTS IN ANY RATE INCREASE FOR SUCH INSURANCE,
LESSEE SHALL CORRECT THE CIRCUMSTANCES THAT CAUSE SUCH RATE INCREASE OR SHALL
PAY SUCH RATE INCREASE IMMEDIATELY WHEN DUE.
(F)
REPAIRS, REPLACEMENTS AND GENERAL MAINTENANCE.
COSTS OF REPAIRS,
REPLACEMENTS OF NON-CAPITAL ITEMS AND GENERAL MAINTENANCE (EXCLUDING REPAIRS AND
GENERAL MAINTENANCE PAID BY PROCEEDS OF INSURANCE OR BY LESSEE OR OTHER THIRD
PARTIES, AND ALTERATIONS ATTRIBUTABLE SOLELY TO TENANTS OF THE BUILDING OTHER
THAN LESSEE).
(G)
COMMON AREA MAINTENANCE.
ANY AND ALL COMMON AREA MAINTENANCE
COSTS RELATED TO THE PUBLIC AREAS OF THE BUILDING INCLUDING INTERIOR LOBBY AND
SERVICE AREAS, SIDEWALKS, THE PARKING LOT, LANDSCAPING, WINDOW WASHING, EXTERIOR
PAINTING AND ALL OTHER SUCH MAINTENANCE REQUIRED DURING THE TERM OF THIS
AGREEMENT.
ALL SERVICES SHALL BE PROVIDED FOR THE COMFORTABLE USE OF THE
PREMISES DURING BUSINESS HOURS PROVIDED THAT LESSEE IS NOT LIABLE FOR DAMAGES
FOR FAILURE TO PROVIDE SERVICES DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.
(H)
MAINTENANCE OF HEATING, MECHANICAL AND AIR-CONDITIONING FIXTURES
AND EQUIPMENT SHALL SPECIFICALLY INCLUDE THE REASONABLE COST OF QUARTERLY
INSPECTIONS AND PREVENTIVE MAINTENANCE PERFORMED BY AN INDEPENDENT MECHANICAL
CONTRACTOR WHO SHALL BE CONTRACTED FOR BY LESSOR.
ANY ADDITIONAL CHARGES THAT
RESULT FROM REPAIRS OR MECHANICAL BREAKDOWNS WHICH RESULT IN COSTS OVER AND
ABOVE ROUTINE MAINTENANCE COVERED IN SERVICE CONTRACTS WILL BE BILLED TO AND
DIRECTLY PAID FOR BY LESSEE.
(I)
REAL ESTATE TAXES.
ALL REAL ESTATE TAXES ASSESSED AGAINST THE
BUILDING, INCLUDING SPECIAL ASSESSMENTS WHICH ARE DUE AND PAYABLE DURING THE
TERM OF THE LEASE.
(J)
OTHER TAXES.
ALL OTHER TAXES, SERVICE PAYMENTS IN LIEU OF TAXES,
EXCISE, LEVIES, FEES OR CHARGES, GENERAL AND SPECIAL, ORDINARY AND
EXTRAORDINARY, UNFORESEEN AS WELL AS FORESEEN, OF ANY KIND WHICH ARE ASSESSED,
LEVIED, CHARGED, CONFIRMED OR IMPOSED BY ANY PUBLIC AUTHORITY