(XII) THE COST OF ANY IMPUTED RENTAL VALUE FOR, AS
WELL AS THE COST OF MAINTAINING AND OPERATING, CONFERENCE ROOMS AND RELATED
COMMON FACILITIES IN THE PROPERTY (BUT ONLY TO THE EXTENT THE COSTS THEREOF
EXCEED ANY REVENUES GENERATED BY THE USE OF SUCH FACILITIES), (XIII) THE AMOUNT
OF INSURANCE PREMIUMS SAVED BY ELECTING HIGHER THAN CUSTOMARY DEDUCTIBLES, IF
LANDLORD DOES NOT ALSO INCLUDE IN EXPENSES THE LOSSES INCURRED AS A RESULT OF
HAVING SUCH HIGHER DEDUCTIBLES, AND (XIV) OPERATION, MAINTENANCE, REPAIR,
INSTALLATION, REPLACEMENT, INSPECTION, TESTING, PAINTING, DECORATING AND
CLEANING OF THE PROPERTY, AND ANY ITEMS LOCATED OFF-SITE BUT INSTALLED FOR THE
BENEFIT OF THE PROPERTY, INCLUDING: (A) SIDEWALKS, CURBS, LOADING AND SERVICE
AREAS AND DRIVEWAYS, (B) STORM AND SANITARY DRAINAGE SYSTEMS, (C) "LINES" UNDER
ARTICLE 29, AND OTHER SYSTEMS AND EQUIPMENT, AND (D) ALL OTHER PORTIONS,
FACILITIES, FEATURES AND AMENITIES OF THE PROPERTY, INCLUDING COMMON AREA
FIXTURES, EQUIPMENT AND OTHER ITEMS THEREIN OR THEREON, FLOORS, FLOOR COVERINGS,
CORRIDORS, CEILINGS, FOUNDATIONS, WALLS, WALL-COVERINGS, RESTROOMS, LOBBIES,
TRASH COMPACTORS, DOORS, LOCKS AND HARDWARE, WINDOWS, GUTTERS, DOWNSPOUTS, ROOF
FLASHINGS AND ROOFS.
THE FOREGOING PROVISION IS FOR DEFINITIONAL PURPOSES ONLY
AND SHALL NOT BE CONSTRUED TO IMPOSE ANY OBLIGATION UPON LANDLORD TO INCUR SUCH
EXPENSES.
LANDLORD MAY RETAIN INDEPENDENT CONTRACTORS (OR AFFILIATED
33
CONTRACTORS AT MARKET RATES) TO PROVIDE ANY SERVICES OR PERFORM ANY WORK, IN
WHICH CASE THE COSTS THEREOF SHALL BE DEEMED EXPENSES.
EXPENSES SHALL NOT,
HOWEVER, INCLUDE:
(1)
DEPRECIATION, INTEREST AND AMORTIZATION ON ANY MORTGAGES AND OTHER
DEBT COSTS OR GROUND LEASE PAYMENTS (EXCEPT INTEREST ON THE COST OF CAPITAL
EXPENDITURES TO THE EXTENT PERMITTED BELOW, AND GROUND LEASE PAYMENTS FOR TAXES
AND EXPENSES); LEGAL FEES IN CONNECTION WITH LEASING, TENANT DISPUTES OR
ENFORCEMENT OF LEASES; REAL ESTATE BROKERS' LEASING COMMISSIONS; IMPROVEMENTS OR
ALTERATIONS TO TENANT SPACES; THE COST OF PROVIDING ANY SERVICE DIRECTLY TO, AND
PAID DIRECTLY BY, ANY TENANT; COSTS OF ANY ITEMS TO THE EXTENT LANDLORD RECEIVES
REIMBURSEMENT FROM A THIRD PARTY (EXCLUDING PAYMENTS BY TENANTS FOR TAXES AND
EXPENSES); COSTS RELATING TO NON-OFFICE RENTABLE AREAS OF THE PROPERTY TO THE
EXTENT THAT LANDLORD DEDUCTS SUCH RENTABLE AREAS IN DETERMINING TENANT'S SHARE
OF EXPENSES UNDER ARTICLE 4; COST OF CORRECTING ANY VIOLATIONS OF APPLICABLE
GOVERNMENTAL LAWS AND REGULATIONS, INCLUDING LAWS RELATING TO HAZARDOUS
MATERIALS, THE ADA AND LOCAL BARRIERS ACTS, TO THE EXTENT APPLICABLE TO THE
BUILDING AS OF THE DATE OF THIS LEASE; ADVERTISING, MARKETING OR PROMOTIONAL
EXPENSES NOT RELATED TO THE OPERATION OR MANAGEMENT OF THE BUILDING AND LEASING,
SALES OR OTHER COMMISSIONS RELATING TO PROCURING NEW TENANTS FOR THE BUILDING;
ANY COST OR EXPENDITURE FOR WHICH LANDLORD IS REIMBURSED (OR WHICH SHOULD BE
REIMBURSED IF LANDLORD MAINTAINED THE INSURANCE REQUIRED UNDER THIS LEASE),
WHETHER BY INSURANCE PROCEEDS, CONDEMNATION AWARDS, REFUNDS, CREDITS,
WARRANTIES, SERVICE CONTRACTS OR FROM ANY TENANT (INCLUDING TENANT) OF THE
BUILDING OR OTHERWISE (EXCLUDING PAYMENTS BY TENANTS FOR TAXES AND EXPENSES);
THE COST OF ANY KIND OF SERVICE, WORK OR UTILITIES FURNISHED TO ANY OTHER TENANT
IN THE BUILDING WHICH LANDLORD DOES