LANDLORD TO REMEDY A VIOLATION
OF A LEGAL REQUIREMENT IN EFFECT AS OF THE DATE OF THIS LEASE;
(XXII)
COSTS OF ACQUIRING SCULPTURES, PAINTINGS AND OTHER
PERMANENT OBJECTS OF ART (AS DISTINCT FROM DECORATIONS) LOCATED IN THE BUILDING
OR PLAZA II, EXCEPT FOR THE COSTS OF ROUTINE MAINTENANCE OF SUCH OBJECTS OF ART;
(XXIII)
INTEREST, FINES OR PENALTIES PAYABLE BY LANDLORD;
(XXIV)
LANDLORD'S GENERAL CORPORATE OVERHEAD AND GENERAL
ADMINISTRATIVE EXPENSES NOT ATTRIBUTABLE IN ANY WAY TO THE BUILDING OR PLAZA II;
(XXV)
LANDLORD'S POLITICAL OR CHARITABLE CONTRIBUTIONS;
(XXVI)
ANY COMPENSATION PAID TO CLERKS, ATTENDANTS OR OTHER
PERSONS IN COMMERCIAL CONCESSIONS OPERATED BY LANDLORD FOR PROFIT;
(XXVII)
COSTS INCURRED WITH RESPECT TO A SALE OR TRANSFER OF ALL
OR ANY PORTION OF THE BUILDING, PLAZA II OR ANY INTEREST THEREIN, OR IN ANY
PERSON OR ENTITY (OF WHATEVER TIER) OWNING AN INTEREST THEREIN;
(XXVIII)
COSTS ASSOCIATED WITH PAYMENTS TO STATE AND LOCAL
GOVERNMENTS FOR INFRASTRUCTURE IMPROVEMENTS, INCLUDING WITHOUT LIMITATION,
TRAFFIC PATTERN AND ROAD IMPROVEMENTS; AND
(XXIX)
COSTS AND LEGAL EXPENSES INCURRED DUE TO LANDLORD'S
GROSS NEGLIGENCE AND/OR WILLFUL MISCONDUCT.
(H)
IF DURING ALL OR PART OF ANY OPERATING YEAR,
LANDLORD SHALL NOT FURNISH ANY PARTICULAR ITEM(S) OF WORK OR SERVICE (WHICH
WOULD CONSTITUTE AN OPERATING EXPENSE) TO PORTIONS OF THE BUILDING OR PLAZA II,
DUE TO THE FACT SUCH PORTIONS ARE NOT OCCUPIED OR LEASED, OR BECAUSE SUCH ITEM
OF WORK OR SERVICE IS NOT REQUIRED OR DESIRED BY THE TENANT OF SUCH PORTION, OR
SUCH TENANT IS ITSELF OBTAINING AND PROVIDING SUCH ITEM OF WORK OR SERVICE,
THEN, FOR THE PURPOSE OF COMPUTING THE ADDITIONAL RENT PAYABLE HEREUNDER, THE
AMOUNT OF OPERATING EXPENSES FOR SUCH ITEM FOR SUCH PERIOD SHALL BE INCREASED BY
AN AMOUNT EQUAL TO THE ACTUAL INCREMENTAL COST WHICH WOULD REASONABLY HAVE BEEN
INCURRED DURING SUCH PERIOD BY LANDLORD IF IT HAD AT ITS OWN EXPENSE FURNISHED
SUCH ITEM OF WORK OR SERVICES TO 100% OF THE AGGREGATE SQUARE FOOTAGE OF THE
BUILDING AND PLAZA II; IT BEING UNDERSTOOD THAT, WITHOUT LIMITING THE FOREGOING,
THE AMOUNT INCLUDED IN OPERATING EXPENSES FOR THE BASE OPERATING YEAR AND EACH
SUBSEQUENT OPERATING YEAR IN RESPECT
20
OF MANAGEMENT FEES SHALL ALSO BE INCREASED BY AN AMOUNT EQUAL TO THE INCREMENTAL
MANAGEMENT FEES WHICH WOULD HAVE BEEN INCURRED IF THE BUILDING AND PLAZA II WERE
100% LEASED TO TENANTS BASED ON THE GROSS RENTS FOR THE BUILDING AND PLAZA II
THEN BEING CHARGED BY LANDLORD.
IN ADDITION, IN NO EVENT SHALL THE SAME ITEM OF
OPERATING EXPENSES BE INCLUDED MORE THAN ONCE IN OPERATING EXPENSES FOR A
PARTICULAR OPERATING YEAR.
(I)
TENANT ACKNOWLEDGES THAT LANDLORD MAY
TRANSFER LEGAL OWNERSHIP OF PORTIONS OF THE PROPERTY TO A LANDLORD AFFILIATED
ENTITY FOR PURPOSES OF OBTAINING TAX ABATEMENTS FOR THE PROPERTY, FOR TAX
PLANNING PURPOSES OR OTHERWISE, AND NEITHER THE DEFINITION OF OPERATING EXPENSES
NOR OF TENANT'S EXPENSE SHARE NOR OF COMMON AREA OPERATING EXPENSES, NOR OF
COMMON AREA EXPENSE SHARE SHALL BE AFFECTED BY REASON OF ANY SUCH TRANSFERS TO
LANDLORD AFFILIATED