NECESSARY OR APPROPRIATE FOR THE
CONTINUED OPERATION OF THE BUILDING IN A MANNER CUSTOMARY FOR MIXED USE
OFFICE/RETAIL COMPLEXES IN NORTHERN NEW JERSEY SIMILAR TO THE COMPLEX OR ARE
OTHERWISE IMPOSED UPON LANDLORD BY ANY GOVERNMENTAL
17
AUTHORITY; AND MANAGEMENT FEES FOR THE MANAGEMENT OF THE BUILDING AND PLAZA II,
OR IF NO MANAGING AGENT IS EMPLOYED BY LANDLORD, A SUM IN LIEU THEREOF WHICH IS
NOT IN EXCESS OF THE THEN PREVAILING RATES FOR OUTSIDE MANAGEMENT FEES IN
NORTHERN NEW JERSEY FOR MIXED USE OFFICE/RETAIL COMPLEXES SIMILAR TO THE
PROPERTY.
THERE SHALL ALSO BE INCLUDED IN OPERATING EXPENSES (BUT ONLY TO THE
EXTENT THE SAME ARE NOT OTHERWISE INCLUDED THEREIN) ANY ITEMS DESCRIBED IN THE
DEFINITION OF COMMON AREA OPERATING EXPENSES WHICH ARE PERFORMED TO THE EXTERIOR
OF THE BUILDING AND PLAZA II, BUT WHICH, BY REASON OF THEIR RELATING TO AREAS
ADJACENT TO THE BUILDING AND PLAZA II, ARE NOT INCLUDED IN COMMON AREA OPERATING
EXPENSES AND ARE PERFORMED AND PAID FOR DIRECTLY BY THE OWNER OF THE BUILDING
AND PLAZA II.
IF ANY OF THE COSTS AND EXPENSES INCLUDIBLE IN OPERATING EXPENSES
ARE INCURRED BY LANDLORD WITH RESPECT TO BOTH THE BUILDING AND PLAZA II, ON THE
ONE HAND, AND OTHER PORTIONS OF THE PROPERTY, ON THE OTHER HAND, THEN LANDLORD
SHALL MAKE A GOOD FAITH ESTIMATE OF THE AMOUNT OF SUCH COST OR EXPENSE ALLOCABLE
TO THE BUILDING AND PLAZA II AND THE AMOUNT THEREOF ALLOCABLE TO SUCH OTHER
PORTIONS OF THE PROPERTY, AND ONLY THE PRO RATA ALLOCATION (BASED ON LANDLORD'S
ESTIMATE) OF SUCH COST OR EXPENSE INCURRED ON BEHALF OF THE BUILDING AND PLAZA
II SHALL BE INCLUDED IN OPERATING EXPENSES.
IT IS UNDERSTOOD AND AGREED THAT
LANDLORD SHALL NOT BE PERMITTED TO INCLUDE THE SAME ITEM OF EXPENSE IN BOTH
OPERATING EXPENSES AND COMMON AREA OPERATING EXPENSES EXCEPT TO THE EXTENT SUCH
ITEM OF EXPENSE IS ALLOCATED BETWEEN THEM AS EXPRESSLY CONTEMPLATED HEREBY.
(F)
OMITTED.
(G)
THE FOLLOWING SHALL BE EXCLUDED OR DEDUCTED
FROM THE COSTS AND EXPENSES OTHERWISE INCLUDED IN OPERATING EXPENSES:
(I)
THE COST OF ELECTRICITY AND OTHER
UTILITIES FURNISHED TO THE DEMISED PREMISES AND OTHER SPACE LEASED OR AVAILABLE
FOR LEASE TO TENANTS AS MEASURED BY METERS, OR IF THERE BE NO METERS, AS
DETERMINED BY LANDLORD'S ELECTRICAL CONSULTANT;
(II)
LEASING COMMISSIONS AND SIMILAR FEES;
(III)
SALARIES, FRINGE BENEFITS AND OTHER
COMPENSATION FOR LANDLORD'S EXECUTIVES ABOVE THE GRADE OF PROPERTY MANAGER;
(IV)
AMOUNTS RECEIVED BY LANDLORD THROUGH PROCEEDS
OF INSURANCE TO THE EXTENT THE PROCEEDS ARE COMPENSATION FOR EXPENSES WHICH WERE
PREVIOUSLY INCLUDED IN OPERATING EXPENSES;
(V)
COST OF REPAIRS, REPLACEMENTS OR RESTORATION
INCURRED BY REASON OF FIRE OR OTHER CASUALTY OR CONDEMNATION TO THE EXTENT
LANDLORD IS COMPENSATED THEREFOR BY INSURANCE PROCEEDS (OR WOULD HAVE BEEN
COMPENSATED THEREFOR UNDER THE INSURANCE POLICIES LANDLORD HAS AGREED TO
MAINTAIN UNDER THIS LEASE IF LANDLORD FAILS TO DO SO) OR A CONDEMNATION AWARD;
(VI)
ADVERTISING AND PROMOTIONAL EXPENDITURES;
(VII)
TAXES;
18
(VIII)
COSTS FOR PERFORMING TENANT INSTALLATIONS FOR ANY
INDIVIDUAL