INDUCEMENTS, INCLUDING
WORKLETTERS AND WORK ALLOWANCES, ANY COSTS OF OBTAINING ANY TEMPORARY OR
PERMANENT CERTIFICATES OF OCCUPANCY FOR ANY TENANT OR OTHER OCCUPANT(S) AND/OR
ANY OTHER COSTS OF RENOVATING OR OTHERWISE IMPROVING OR DECORATING OR
REDECORATING ANY PART OF THE PROPERTY (INCLUDING THE BASE BUILDING AND/OR THE
COMMON AREAS) FOR ANY PARTICULAR TENANT(S) OR OTHER OCCUPANT(S) OF THE PROPERTY;
(L)
AMORTIZATION (EXCEPT AS SET FORTH IN SECTION 2.2(C)(3))AND
DEPRECIATION;
(M)
COSTS INCURRED DUE TO THE VIOLATION BY LANDLORD OR ANY TENANT OR
OTHER PERSON OF THE TERMS AND CONDITIONS OF ANY LEASE OR OTHER AGREEMENT
PERTAINING TO THE PROPERTY OR OF ANY LEGAL REQUIREMENT;
(N)
FINES OR PENALTIES INCURRED DUE TO THE PROPERTY BEING IN VIOLATION
OF LEGAL REQUIREMENTS;
(O)
COSTS INCURRED DUE TO ACTS OF ANY TENANT OR OTHER OCCUPANT CAUSING
AN INCREASE IN THE RATE OF INSURANCE ON THE BUILDING OR ITS CONTENTS;
(P)
ANY AMOUNTS PAID TO ANY LANDLORD PARTY OR ANY AFFILIATE OF
LANDLORD FOR GOODS, SERVICES OR OTHER ITEMS, TO THE EXTENT SUCH AMOUNTS EXCEED
THE AMOUNTS WHICH WOULD HAVE BEEN PAID OR INCURRED FOR SUCH GOODS, SERVICES OR
OTHER ITEMS IF THE SAME HAD BEEN FURNISHED BY UNRELATED AND UNAFFILIATED THIRD
PARTIES ON A ARMS-LENGTH BASIS;
(Q)
MANAGEMENT FEES OTHER THAN THOSE EXPRESSLY INCLUDED IN OPERATING
EXPENSES PURSUANT SECTION 2.2(C)(1)(VIII) ABOVE, AS WELL AS (I) ANY ACTUAL OR
DEEMED RENTAL PAYMENT FOR A BUILDING MANAGEMENT OFFICE EXCEPT AS EXPRESSLY
INCLUDED IN OPERATING EXPENSES PURSUANT SECTION 2.2(C)(1)(IX) ABOVE, AND
(II) ANY COSTS OR EXPENSES FOR SERVICES THAT ARE NORMALLY PERFORMED BY A
MANAGEMENT COMPANY, WITHOUT SEPARATE CHARGE, WHEN RETAINED UNDER A MANAGEMENT
AGREEMENT PROVIDING FOR A MANAGEMENT FEE EQUAL TO TWO AND ONE-HALF PERCENT
(2-1/2%) OF GROSS REVENUES FOR THE PROPERTY;
(R)
PRINCIPAL, POINTS, FEES AND INTEREST ON ANY MORTGAGE OR OTHER
DEBT;
38
(S)
RENTAL OR OTHER CHARGES UNDER ANY OVERLEASE (OTHER THAN RENT
PAYABLE UNDER AN EXISTING OVERLEASE, EXCLUSIVE OF ITEMS OF ADDITIONAL RENT WHICH
REFLECT A PASS-THROUGH OF (I) ITEMS INCLUDED IN REAL ESTATE TAXES OR (II) ITEMS
OTHERWISE INCLUDED IN OPERATING EXPENSES HEREUNDER);
(T)
GENERAL OVERHEAD AND ADMINISTRATION EXPENSES (INCLUDING ANY COSTS
AND EXPENSES RELATING TO THE PREPARATION OF PARTNERSHIP, CORPORATE OR LIMITED
LIABILITY COMPANY TAX OR DISCLOSURE STATEMENTS, OR OTHER FILINGS RELATING TO THE
CORPORATE, PARTNERSHIP OR OTHER ORGANIZATION STATUS OF LANDLORD OR ANY LANDLORD
PARTY);
(U)
ANY COMPENSATION PAID TO CLERKS, ATTENDANTS OR OTHER PERSONS IN
COMMERCIAL CONCESSIONS OPERATED BY LANDLORD;
(V)
ANY COSTS OR EXPENSES TO THE EXTENT LANDLORD IS ENTITLED TO
PAYMENT OR REIMBURSEMENT THEREOF FROM ANY TENANT OR OTHER OCCUPANT, INSURER OR
OTHER PERSON (OTHER THAN FROM A TENANT OR OTHER OCCUPANT THROUGH PAYMENT OF ITS
PROPORTIONATE SHARE OF OPERATING EXPENSES);
(W)
ANY COSTS INCURRED IN INSTALLING, OPERATING AND MAINTAINING ANY
SPECIALTY FACILITY, INCLUDING AN OBSERVATORY, BROADCASTING FACILITIES (OTHER
THAN THE BUILDING'S MUSIC SYSTEM, LIFE SUPPORT AND SECURITY SYSTEM), CHILD-CARE
FACILITIES, AND, TO THE EXTENT NOT AVAILABLE TO TENANT (OR, IF AVAILABLE TO
TENANT, TENANT NEVERTHELESS ELECTS NOT TO, AND DOES NOT, UTILIZE THE SAME),