DEMISED PREMISES; (E) COSTS OF INSURANCE OBTAINED BY LANDLORD PURSUANT TO
ARTICLE VII OF THIS LEASE TO THE EXTENT ALLOCABLE TO THE SOUTHERN BUILDING;
(F) WASTE DISPOSAL AND JANITORIAL SERVICES; (G) SECURITY; (H) COSTS INCURRED IN
THE MANAGEMENT OF THE SOUTHERN BUILDING, LAND AND COMMON AREAS, INCLUDING,
WITHOUT LIMITATION:
(1) WAGES AND SALARIES (AND PAYROLL TAXES AND SIMILAR
GOVERNMENTAL CHARGES RELATED THERETO) OF EMPLOYEES USED IN THE OPERATION AND
MAINTENANCE OF THE SOUTHERN BUILDING, LAND AND COMMON AREAS, AND (2) A
MANAGEMENT/ADMINISTRATIVE FEE NOT TO EXCEED 2.5 PERCENT (2.5%) OF THE ANNUAL
BASE RENT OF THE SOUTHERN BUILDING; (I) SUPPLIES, MATERIALS, EQUIPMENT AND TOOLS
TO THE EXTENT USED WITH RESPECT TO THE PROJECT; (J) REPAIR AND MAINTENANCE OF
THE ELEVATORS AND ANY OTHER BUILDING SYSTEMS AND EQUIPMENT INSTALLED OR
FURNISHED BY LANDLORD; (K) MAINTENANCE COSTS AND UPKEEP OF ALL COMMON AREAS
(INCLUDING, BUT NOT LIMITED TO, THE WORKOUT FACILITY); (L) AMORTIZATION ON A
STRAIGHT-LINE BASIS OVER THE ACTUAL USEFUL LIFE TOGETHER WITH INTEREST AT TEN
PERCENT (10%) PER ANNUM ON THE UNAMORTIZED BALANCE OF ALL COSTS OF A CAPITAL
NATURE (INCLUDING, WITHOUT LIMITATION, CAPITAL IMPROVEMENTS, CAPITAL
REPLACEMENTS, CAPITAL REPAIRS, CAPITAL EQUIPMENT AND CAPITAL TOOLS):
(L) REASONABLY INTENDED TO PRODUCE A REDUCTION IN OPERATING EXPENSES OR ENERGY
CONSUMPTION; OR (2) REQUIRED AFTER THE DATE OF THIS LEASE UNDER ANY GOVERNMENTAL
LAW OR REGULATION THAT WAS NOT APPLICABLE TO THE SOUTHERN BUILDING AT THE TIME
THEY WERE ORIGINALLY CONSTRUCTED; OR (3) FOR REPAIR
14
OR REPLACEMENT OF ANY EQUIPMENT OR IMPROVEMENTS NEEDED TO OPERATE AND/OR
MAINTAIN THE SOUTHERN BUILDING, LAND, AND/OR THE COMMON AREAS, PROVIDED,
HOWEVER, TO THE EXTENT LANDLORD HAS PREVIOUSLY RESERVED FUNDS FOR ANY SUCH
CAPITAL ITEM, LANDLORD SHALL FIRST APPLY SUCH RESERVED FUNDS AGAINST THE COST OF
SUCH CAPITAL ITEM; (M) MAINTENANCE OF SIGNS (OTHER THAN SIGNS OF TENANTS OF THE
PROJECT); (N) PERSONAL PROPERTY TAXES LEVIED ON OR ATTRIBUTABLE TO PERSONAL
PROPERTY USED IN CONNECTION WITH THE SOUTHERN BUILDING, LAND, AND/OR THE COMMON
AREAS; AND (O) COSTS AND EXPENSES OF REPAIRS, RESURFACING, REPAIRING,
MAINTENANCE, PAINTING, LIGHTING, CLEANING, REFUSE REMOVAL AND SIMILAR ITEMS;
PROVIDED, HOWEVER, IN NO EVENT SHALL LANDLORD INCLUDE WITHIN OPERATING EXPENSES
THE COST FOR RESURFACING OR REPLACING THE PARKING AREAS MORE THAN ONCE EVERY
FIVE (5) YEARS (FURTHER PROVIDED, HOWEVER, THAT SUCH LIMITATIONS SHALL NOT BE
DEEMED TO INCLUDE THE COST OF RESLURRING, PATCHING AND/OR RESTRIPING OF SUCH
PARKING AREAS AS AND WHEN REASONABLY NECESSARY).
Notwithstanding the foregoing, for purposes of this Lease, Operating Expenses
shall not, however, include:
(A)
COSTS, INCLUDING LEGAL FEES, SPACE
PLANNERS' FEES, AND BROKERAGE FEES INCURRED IN CONNECTION WITH THE ORIGINAL
CONSTRUCTION OR DEVELOPMENT, OR ORIGINAL OR FUTURE LEASING OR MARKETING OF THE
PROJECT, AND COSTS, INCLUDING PERMIT, LICENSE AND INSPECTION COSTS, INCURRED
WITH RESPECT TO THE INSTALLATION OF TENANT IMPROVEMENTS MADE FOR NEW TENANTS IN
THE PROJECT OR INCURRED IN RENOVATING OR OTHERWISE IMPROVING, DECORATING,
PAINTING OR REDECORATING VACANT SPACE FOR TENANTS OR OTHER OCCUPANTS OF THE
PROJECT (EXCLUDING, HOWEVER, SUCH COSTS RELATING TO ANY COMMON AREAS OF THE