INTEREST OF LANDLORD THEREIN; (B) ANY TAX ON LANDLORD'S
RIGHT TO RENT OR OTHER INCOME FROM THE PREMISES OR AGAINST LANDLORD'S BUSINESS
OF LEASING THE PREMISES; AND (C) ANY ASSESSMENTS, TAX, FEE, LEVY OR CHARGE IN
SUBSTITUTION, PARTIALLY OR TOTALLY, OF OR IN ADDITION TO ANY ASSESSMENT, TAX,
FEE, LEVY OR CHARGE PREVIOUSLY INCLUDED WITHIN THE DEFINITION OF REAL ESTATE
TAXES WHICH MAY BE IMPOSED BY GOVERNMENTAL AGENCIES FOR SUCH SERVICES AS FIRE
PROTECTION, STREET, SIDEWALK AND ROAD MAINTENANCE, REFUSE REMOVAL AND FOR OTHER
GOVERNMENTAL SERVICES FORMERLY PROVIDED WITHOUT CHARGE TO PROPERTY OWNERS OR
OCCUPANTS. IT IS THE INTENTION OF LANDLORD AND TENANT THAT ALL SUCH NEW AND
INCREASED ASSESSMENTS, TAXES, FEES, LEVIES AND CHARGES BE INCLUDED WITHIN THE
DEFINITION OF REAL ESTATE TAXES FOR PURPOSES OF THIS LEASE. THE FOLLOWING SHALL
ALSO BE INCLUDED WITHIN THE DEFINITION OF REAL ESTATE TAXES FOR PURPOSES OF THIS
LEASE, PROVIDED, HOWEVER, THAT TENANT SHALL PAY LANDLORD THE ENTIRE AMOUNT
THEREOF: (I) ANY TAX ALLOCABLE TO OR MEASURED BY THE AREA OF THE PREMISES OR THE
RENTAL PAYABLE HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY GROSS INCOME,
PRIVILEGE, SALES OR EXCISE TAX LEVIED BY THE STATE, ANY POLITICAL SUBDIVISION
THEREOF, CITY, MUNICIPAL OR FEDERAL GOVERNMENT, WITH RESPECT TO THE RECEIPT OF
SUCH, RENTAL, OR UPON OR WITH RESPECT TO THE POSSESSION, LEASING, OPERATING,
MANAGEMENT, MAINTENANCE, ALTERATION, REPAIR, USE OR OCCUPANCY BY TENANT OF THE
PREMISES OR ANY PORTION THEREOF; AND (II) ANY TAX UPON THIS TRANSACTION OR ANY
DOCUMENT TO WHICH TENANT IS A PARTY, CREATING OR TRANSFERRING AN INTEREST OR AN
ESTATE IN THE PREMISES. "REAL ESTATE TAXES" SHALL NOT INCLUDE LANDLORD'S FEDERAL
OR STATE INCOME, FRANCHISE, INHERITANCE, OR ESTATE TAXES. "REAL ESTATE TAXES"
INCLUDED IN THIS DEFINITION MEAN TAXES OR ASSESSMENTS IN THE YEAR ASSESSED,
WITHOUT REGARD TO THE YEAR IN WHICH SAME BECOME DUE OR PAYABLE.
(C)
"OPERATING EXPENSES" SHALL MEAN FOR ALL
PURPOSES AND THROUGHOUT THE TERM OF THIS LEASE ALL MAINTENANCE AND OPERATING
COSTS OF ANY KIND OR NATURE WITH RESPECT TO THE OPERATION, OWNERSHIP AND
MAINTENANCE OF THE BUILDING COMPLEX AND SHALL INCLUDE, BUT NOT BE LIMITED TO,
REAL ESTATE TAXES, THE COST OF BUILDING SUPPLIES, WINDOW CLEANING, COSTS
INCURRED IN CONNECTION WITH ALL ENERGY SOURCES FOR THE BUILDING SUCH AS PROPANE,
BUTANE, NATURAL GAS, STEAM, ELECTRICITY, SOLAR ENERGY AND FUEL OIL; THE COSTS OF
WATER AND SEWER SERVICE, JANITORIAL SERVICES, BOTH INTERIOR AND EXTERIOR,
GENERAL MAINTENANCE AND REPAIR OF THE BUILDING COMPLEX INCLUDING THE HEATING AND
AIR CONDITIONING SYSTEMS AND STRUCTURAL COMPONENTS OF THE BUILDING; LANDSCAPING,
MAINTENANCE, REPAIR AND STRIPING OF ALL PARKING AREAS; INSURANCE, INCLUDING FIRE
AND EXTENDED COVERAGE AND PUBLIC LIABILITY INSURANCE AND ANY RENTAL INSURANCE
AND ALL RISK INSURANCE CARRIED BY LANDLORD PURSUANT TO SECTION 10.2; LABOR COSTS
INCURRED IN THE OPERATION AND MAINTENANCE OF THE BUILDING COMPLEX, INCLUDING
WAGES AND OTHER PAYMENTS; COSTS TO LANDLORD FOR WORKER'S COMPENSATION AND
DISABILITY INSURANCE; PAYROLL TAXES AND WELFARE FRINGE BENEFITS; PROFESSIONAL
BUILDING MANAGEMENT FEES WHICH SHALL NOT EXCEED FOUR PERCENT (4%) OF GROSS
RECEIPTS FOR THE
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