RATES AS REPORTED IN THE MONEY RATE SECTION OF THE WALL STREET JOURNAL.
IF THE
WALL STREET JOURNAL NO LONGER PUBLISHES THE PRIME RATE AS AN INDEX, LANDLORD MAY
SUBSTITUTE A COMPARABLE INDEX INCLUDING THE PRIME RATE OR REFERENCE RATE OF A
REPUTABLE FINANCIAL INSTITUTION.
32
C)
"EXPENSES" SHALL MEAN ALL EXPENSES, COSTS AND AMOUNTS (OTHER THAN
TAXES) OF EVERY KIND AND NATURE RELATING TO THE OWNERSHIP, MANAGEMENT, REPAIR,
MAINTENANCE, REPLACEMENT, INSURANCE AND OPERATION OF THE PROPERTY, INCLUDING ANY
AMOUNTS PAID FOR: (I) UTILITIES FOR THE PROPERTY, INCLUDING ELECTRICITY, POWER,
GAS, STEAM, OIL OR OTHER FUEL, WATER, SEWER, LIGHTING, HEATING, AIR CONDITIONING
AND VENTILATING, (II) PERMITS, LICENSES, INSPECTIONS, WARRANTS AND CERTIFICATES
NECESSARY TO OPERATE, MANAGE AND LEASE THE PROPERTY, (III) COSTS OF COMPLYING
WITH LAWS NOT APPLICABLE TO THE BUILDING AS OF THE DATE HEREOF, INCLUDING ANY
FREON RETROFITTING AND COMPLIANCE WITH THE "DISABILITIES ACTS" (AS DESCRIBED IN
ARTICLE 31), (IV) INSURANCE APPLICABLE TO THE PROPERTY, NOT LIMITED TO THAT
REQUIRED UNDER THIS LEASE, AND WHICH MAY INCLUDE EARTHQUAKE, BOILER, RENT LOSS,
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY, BUILDERS' RISK, AUTOMOBILE AND
OTHER COVERAGES, INCLUDING A REASONABLE ALLOCATION OF COSTS UNDER ANY BLANKET
POLICIES, (V) SUPPLIES, MATERIALS, TOOLS, EQUIPMENT, UNIFORMS, AND VEHICLES USED
IN THE OPERATION, REPAIR, MAINTENANCE, SECURITY, AND OTHER SERVICES FOR THE
PROPERTY, INCLUDING RENTAL, INSTALLMENT PURCHASE AND FINANCING AGREEMENTS
THEREFOR AND INTEREST THEREUNDER, (VI) ACCOUNTING, LEGAL, INSPECTION,
CONSULTING, CONCIERGE, ALARM MONITORING, SECURITY, JANITORIAL, TRASH REMOVAL,
SNOW AND ICE REMOVAL, AND OTHER SERVICES, (VII) MANAGEMENT COMPANY FEES,
(VIII) WAGES, SALARIES AND OTHER COMPENSATION AND BENEFITS (INCLUDING HEALTH,
LIFE AND DISABILITY INSURANCE, SAVINGS, RETIREMENT AND PENSION PROGRAMS, AND THE
FAIR VALUE OF ANY PARKING PRIVILEGES, INCLUDING THOSE PROVIDED THROUGH
COLLECTIVE BARGAINING AGREEMENTS) FOR ANY MANAGER AND OTHER PERSONNEL OR PARTIES
ENGAGED IN THE OPERATION, REPAIR, MAINTENANCE, SECURITY OR OTHER SERVICES FOR
THE PROPERTY, AND EMPLOYER'S FICA CONTRIBUTIONS, UNEMPLOYMENT TAXES OR
INSURANCE, ANY OTHER TAXES WHICH MAY BE LEVIED ON SUCH WAGES, SALARIES,
COMPENSATION AND BENEFITS, AND DATA OR PAYROLL PROCESSING EXPENSES RELATING
THERETO (IF THE MANAGER OR OTHER PERSONNEL HANDLE OTHER PROPERTIES, THE
FOREGOING EXPENSES SHALL BE ALLOCATED APPROPRIATELY BETWEEN THE PROPERTY AND
SUCH OTHER PROPERTIES), (IX) PAYMENTS UNDER ANY EASEMENT, CROSS OR RECIPROCAL
EASEMENT, OPERATING AGREEMENT, TUNNEL AGREEMENT, DECLARATION, COVENANT, OR OTHER
AGREEMENT OR INSTRUMENT PERTAINING TO THE SHARING OF COSTS FOR COMMON AREAS OR
OTHER MATTERS BETWEEN THE PROPERTY AND ANY OTHER PROPERTY (AND A CREDIT AGAINST
EXPENSES FOR ANY PAYMENTS RECEIVED PURSUANT TO THE FOREGOING), (X) PARKING
SURCHARGES OR FEES THAT MAY RESULT FROM ANY ENVIRONMENTAL OR OTHER LAW OR
GUIDELINE (EXCEPT TO THE EXTENT SUCH SURCHARGES OR FEES ARE DIRECTLY RECOVERED
FROM USERS OF THE PARKING FACILITY, IT BEING THE INTENT THAT LANDLORD NOT DOUBLE
COLLECT SUCH SURCHARGES OR FEES), AND ANY SALES, USE, VALUE-ADDED OR OTHER TAXES
ON SUPPLIES OR SERVICES FOR THE PROPERTY, (XI) THE COSTS OF OPERATING AND
MAINTAINING ANY ON-SITE OFFICE AT THE PROPERTY, INCLUDING THE FAIR RENTAL VALUE
THEREOF, TELEPHONE CHARGES, POSTAGE, STATIONERY AND PHOTOCOPYING EXPENSES, AND
TELEPHONE DIRECTORY LISTINGS,