THE FILING OF A PETITION IN BANKRUPTCY
BY OR AGAINST LANDLORD OR ITS AFFILIATES; (14) ANY EXPENDITURE PAID TO ANY
CORPORATION OR ENTITY RELATED TO OR AFFILIATED WITH LANDLORD OR THE PRINCIPALS
OF LANDLORD TO THE EXTENT SUCH EXPENDITURE EXCEEDS THE AMOUNT WHICH WOULD BE
PAID IN THE ABSENCE OF SUCH RELATIONSHIP; (15) THE COST OF ANY SERVICE FURNISHED
TO TENANTS OF THE BUILDING (INCLUDING TENANT) TO THE EXTENT THAT SUCH COST IS
SEPARATELY REIMBURSED TO LANDLORD (OTHER THAN THROUGH THE OPERATING PAYMENTS OR
COMPARABLE PAYMENTS PURSUANT TO ESCALATION-TYPE PROVISIONS SIMILAR TO THE
PROVISIONS OF THIS ARTICLE 3); (16) COST OF WORKS OF ART OF THE QUALITY AND
NATURE OF "FINE ART" RATHER THAN DECORATIVE ART WORK CUSTOMARILY FOUND IN
FIRST-CLASS OFFICE BUILDINGS WHICH ARE SIMILAR TO THE BUILDING; (17) COSTS
INCURRED IN CONNECTION WITH THE MAINTENANCE, REPAIR, OPERATION OR LEASING OF THE
PARKING GARAGE IN THE BUILDING, EXCEPT THAT LANDLORD MAY INCLUDE IN OPERATING
EXPENSES (TO THE EXTENT OTHERWISE INCLUDABLE) THE COST OF ANY REPAIRS TO
PORTIONS OF THE BUILDING, BUILDING SYSTEMS AND FACILITIES AND EQUIPMENT THAT IS
PHYSICALLY LOCATED IN THE GARAGE BUT WHICH SERVES THE BUILDING GENERALLY;
(18) COSTS OF CAPITAL IMPROVEMENTS MADE BY LANDLORD IN RENOVATING THE GROUND
FLOOR LOBBY OF THE BUILDING (EXCEPT FOR ANY CAPITAL IMPROVEMENTS INCURRED BY
LANDLORD AS PART OF SUCH RENOVATIONS OR IN CONNECTION THEREWITH WHICH ARE LIFE
SAFETY CAPITAL EXPENDITURES, SUCH AS THE INSTALLATION OF SECURITY TURNSTILES, IT
BEING AGREED THAT LIFE SAFETY CAPITAL EXPENDITURES MAY BE INCLUDED IN OPERATING
EXPENSES); AND (19) COSTS INCURRED IN CONNECTION WITH THE ABATEMENT OF HAZARDOUS
MATERIALS DEFINED AS SUCH ON THE DATE OF THIS LEASE.
(B)
NO ITEM OF EXPENSE SHALL BE COUNTED MORE THAN
ONCE EITHER AS AN INCLUSION IN OR AN EXCLUSION FROM OPERATING EXPENSES, AND ANY
EXPENSE WHICH SHOULD BE ALLOCATED, IN ACCORDANCE WITH GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES ("GAAP"), BETWEEN THE LAND AND THE BUILDING, ON THE ONE
HAND, AND ANY OTHER PROPERTY OWNED BY LANDLORD OR AN AFFILIATE OF LANDLORD, ON
THE OTHER HAND, SHALL BE PROPERLY ALLOCATED IN ACCORDANCE THEREWITH.
(F)
"OPERATING YEAR" SHALL MEAN EACH CALENDAR
YEAR IN WHICH OCCURS ANY PART OF THE TERM OF THIS LEASE FOLLOWING THE END OF THE
BASE OPERATING YEAR.
(G)
"REAL PROPERTY" SHALL MEAN, COLLECTIVELY,
THE BUILDING (TOGETHER WITH ALL PERSONAL PROPERTY LOCATED THEREIN AND ALL
FIXTURES, FACILITIES, MACHINERY AND EQUIPMENT USED IN THE OPERATION THEREOF,
INCLUDING, BUT NOT LIMITED TO, ALL CABLES, FANS, PUMPS, BOILERS, HEATING,
VENTILATION AND AIR-COOLING ("HVAC") EQUIPMENT, WIRING AND ELECTRICAL FIXTURES
AND METERING, CONTROL AND DISTRIBUTION EQUIPMENT, COMPONENT PARTS OF THE HVAC
SYSTEM, ELECTRICAL, PLUMBING, ELEVATOR AND ANY LIFE OR PROPERTY PROTECTION
SYSTEMS (INCLUDING, WITHOUT LIMITATION, SPRINKLER SYSTEMS, WINDOW WASHING
EQUIPMENT AND SNOW REMOVAL EQUIPMENT), THE LAND, ANY PROPERTY BENEATH THE LAND,
THE CURBS, SIDEWALKS AND PLAZAS ON AND/OR IMMEDIATELY ADJOINING THE LAND, AND
ALL EASEMENTS, AIR RIGHTS, DEVELOPMENT RIGHTS AND OTHER APPURTENANCES TO THE
BUILDING OR THE LAND OR BOTH THE LAND AND THE BUILDING.
9
(H)
"TAXES" SHALL MEAN (A) THE REAL