ARTICLE 4, THE FOLLOWING TERMS SHALL HAVE THE
MEANINGS HEREINAFTER SET FORTH:
4.2.1
"BASE YEAR" SHALL MEAN THE PERIOD SET FORTH IN
SECTION 5 OF THE SUMMARY.
4.2.2
"DIRECT EXPENSES" SHALL MEAN "OPERATING EXPENSES"
AND "TAX EXPENSES."
4.2.3
"EXPENSE YEAR" SHALL MEAN EACH CALENDAR YEAR IN
WHICH ANY PORTION OF THE LEASE TERM FALLS, THROUGH AND INCLUDING THE CALENDAR
YEAR IN WHICH THE LEASE TERM EXPIRES.
4.2.4
"OPERATING EXPENSES" SHALL MEAN ALL EXPENSES, COSTS
AND AMOUNTS OF EVERY KIND AND NATURE WHICH LANDLORD PAYS OR ACCRUES DURING ANY
EXPENSE YEAR BECAUSE OF OR IN CONNECTION WITH THE MANAGEMENT, MAINTENANCE,
SECURITY, REPAIR, OR OPERATION OF THE BUILDING, SUBJECT TO THE TERMS AND
CONDITIONS OF THIS LEASE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
OPERATING EXPENSES SHALL SPECIFICALLY INCLUDE ANY AND ALL OF THE FOLLOWING:
(I)
THE COST OF OPERATING, REPAIRING AND MAINTAINING THE UTILITY, TELEPHONE,
MECHANICAL, SANITARY, STORM DRAINAGE, AND ELEVATOR SYSTEMS, AND THE REASONABLE
COST OF MAINTENANCE AND SERVICE CONTRACTS IN CONNECTION THEREWITH; (II) THE COST
OF LICENSES, CERTIFICATES, PERMITS AND INSPECTIONS AND THE REASONABLE COST OF
CONTESTING ANY GOVERNMENTAL ENACTMENTS WHICH MAY AFFECT OPERATING EXPENSES, AND
THE COSTS INCURRED IN CONNECTION WITH ANY GOVERNMENTALLY MANDATED TRANSPORTATION
SYSTEM MANAGEMENT PROGRAM OR SIMILAR PROGRAM; (III) THE REASONABLE COST OF ALL
INSURANCE CARRIED BY LANDLORD IN CONNECTION WITH THE BUILDING; (IV) THE
REASONABLE COST OF LANDSCAPING, RELAMPING, AND ALL SUPPLIES, TOOLS, EQUIPMENT
AND MATERIALS USED IN THE OPERATION, REPAIR AND MAINTENANCE OF THE BUILDING; (V)
REASONABLE COSTS INCURRED IN CONNECTION WITH THE PARKING AREAS SERVICING THE
BUILDING (INCLUDING COSTS OF PAINTING, RESTRIPING AND RESURFACING THE PARKING
AREAS SERVICING THE PROJECT); (VI) REASONABLE FEES AND OTHER COSTS, INCLUDING
MANAGEMENT AND/OR INCENTIVE FEES, CONSULTING FEES, LEGAL FEES AND ACCOUNTING
FEES, OF ALL CONTRACTORS AND CONSULTANTS IN CONNECTION WITH THE MANAGEMENT,
OPERATION, MAINTENANCE AND REPAIR OF THE BUILDING; (VII) PAYMENTS UNDER ANY
EQUIPMENT RENTAL AGREEMENTS; (VIII) REASONABLE WAGES, SALARIES AND OTHER
COMPENSATION AND BENEFITS, INCLUDING TAXES LEVIED THEREON, OF ALL PERSONS
ENGAGED IN THE OPERATION, MAINTENANCE AND SECURITY OF THE BUILDING; (IX)
REASONABLE COSTS UNDER ANY INSTRUMENT PERTAINING TO THE SHARING OF COSTS BY THE
PROJECT; (X) OPERATION, REPAIR AND MAINTENANCE OF ALL SYSTEMS AND EQUIPMENT AND
COMPONENTS THEREOF OF THE BUILDING; (XI) THE REASONABLE COST OF JANITORIAL,
ALARM, SECURITY AND OTHER SERVICES, REASONABLE REPLACEMENT OF WALL AND FLOOR
COVERINGS, CEILING TILES AND FIXTURES IN COMMON AREAS WITH SIMILAR ITEMS,
MAINTENANCE OF CURBS AND WALKWAYS, REPAIR TO ROOFS; (XII) AMORTIZATION
(INCLUDING INTEREST ON THE UNAMORTIZED COST) OVER SUCH PERIOD OF TIME AS
LANDLORD SHALL REASONABLY DETERMINE, OF THE COST OF ACQUIRING OR THE RENTAL
EXPENSE OF PERSONAL PROPERTY USED IN THE MAINTENANCE, OPERATION AND REPAIR OF
THE BUILDING, OR ANY PORTION THEREOF (PRO-RATED BASED ON ITS USE AT THE BUILDING
AND OTHER BUILDINGS OR PROJECTS; (XIII) THE COST OF CAPITAL IMPROVEMENTS OR
OTHER COSTS INCURRED IN CONNECTION WITH THE PROJECT (A) WHICH ARE REASONABLY
INTENDED TO EFFECT ECONOMIES IN THE OPERATION OR MAINTENANCE OF THE BUILDING,
BUT ONLY TO THE EXTENT OF REASONABLY INTENDED COST