THE COMMON AREAS ADJACENT THERETO WHICH BECOME UNAVAILABLE FOR THE GENERAL
USE OF THE TENANTS OF THE COMPLEX DURING THE CONSTRUCTION OF SUCH BUILDINGS OR
STRUCTURES BY REASON OF SUCH CONSTRUCTION (SUCH EXCLUSION TO BECOME EFFECTIVE
FROM AND AFTER THE TIME, IF ANY, OF COMMENCEMENT OF CONSTRUCTION (OF SUCH
BUILDINGS OR STRUCTURES).
DURING CONSTRUCTION OF ANY SUCH BUILDING OR
STRUCTURE, AS AND WHEN ANY PORTION OF THE LAND (AND ANY IMPROVEMENTS CONSTRUCTED
THEREON), THE COSTS AND EXPENSES ALLOCABLE TO WHICH HAD BEEN EXCLUDED FROM
COMMON AREA OPERATING EXPENSES AS OF THE COMMENCEMENT OF CONSTRUCTION, AGAIN
BECOMES AVAILABLE FOR THE GENERAL USE OF ALL TENANTS OF THE COMPLEX, THE COSTS
AND EXPENSES ALLOCABLE TO SUCH LAND (AND TO ANY IMPROVEMENTS THEREON SIMILARLY
AVAILABLE FOR THE GENERAL USE OF ALL TENANTS OF THE COMPLEX INCLUDING, WITHOUT
LIMITATION, PARKING STRUCTURES) SHALL AGAIN BE INCLUDED IN COMMON AREA OPERATING
EXPENSES;
(XIV)
AMOUNTS OTHERWISE INCLUDIBLE IN COMMON AREA
OPERATING EXPENSES BUT REIMBURSED FROM OTHER SOURCES OTHER THAN BY ESCALATION
PROVISIONS SIMILAR TO THIS ARTICLE 3;
(XV)
COSTS PAID OR INCURRED IN CONNECTION WITH THE
REMOVAL, REPLACEMENT, ENCLOSURE, ENCAPSULATION OR OTHER TREATMENT OF ANY
HAZARDOUS MATERIALS IN THE BUILDING;
(XVI)
COSTS INCURRED BY LANDLORD TO REMEDY A VIOLATION
OF A LEGAL REQUIREMENT IN EFFECT AS OF THE DATE OF THIS LEASE;
(XVII)
COSTS OF ACQUIRING SCULPTURES, PAINTINGS OR OTHER
PERMANENT OBJECTS OF ART (AS DISTINCT FROM DECORATIONS) LOCATED IN THE COMMON
AREAS, EXCEPT FOR THE COST OF ROUTINE MAINTENANCE OF SUCH OBJECTS OF ART;
(XVIII)
INTEREST, FINES OR PENALTIES PAYABLE BY LANDLORD;
(XIX)
LANDLORD'S GENERAL CORPORATE OVERHEAD AND
GENERAL ADMINISTRATIVE EXPENSES NOT ATTRIBUTABLE IN ANY WAY TO THE COMMON AREAS;
(XX)
LANDLORD'S POLITICAL OR CHARITABLE
CONTRIBUTIONS; AND
(XXI)
ANY COMPENSATION PAID TO CLERKS, ATTENDANTS OR
OTHER PERSONS IN COMMERCIAL CONCESSIONS OPERATED BY LANDLORD FOR PROFIT.
If any of the costs and expenses which, pursuant to the terms of this paragraph
(d), are to be included in or excluded from Common Area Operating Expenses
depending upon the portion of the Property to which they relate, are incurred
with respect to both such included and excluded portions of the Property, then
Landlord shall make a good faith estimate of the amount of such cost or expense
allocable to such included or excluded portion of the Property, and only the pro
rata allocation (based on Landlord's estimate) of such cost or expense incurred
on behalf of the
16
included portion of the Property shall be included in Common Area Operating
Expenses.
Such allocation shall be binding on Landlord and Tenant.
(E)
THE TERM "OPERATING EXPENSES" SHALL MEAN,
SUBJECT TO THE PROVISIONS OF PARAGRAPHS (F) AND (G) BELOW, THE TOTAL OF ALL
COSTS AND EXPENSES (INCLUDING TAXES THEREON, IF ANY), COMPUTED ON AN ACCRUAL
BASIS, INCURRED BY LANDLORD IN CONNECTION WITH OPERATING, REPAIRING AND
MAINTAINING THE BUILDING AND PLAZA II IN A MANNER CUSTOMARY FOR MIXED USE
OFFICE/RETAIL COMPLEXES IN NORTHERN NEW JERSEY SIMILAR TO THE COMPLEX INCLUDING,
WITHOUT LIMITATION, THE COSTS AND EXPENSES WITH RESPECT TO:
STEAM, GAS