REFLECTED IN THE IMMEDIATELY
PRECEDING SENTENCE.
(D)
THE TERM "COMMON AREA OPERATING EXPENSES"
SHALL MEAN THE TOTAL OF ALL COSTS AND EXPENSES (INCLUDING TAXES THEREON, IF
ANY), COMPUTED ON AN ACCRUAL BASIS, INCURRED BY LANDLORD IN CONNECTION WITH
OPERATING, MAINTAINING, REPAIRING AND REPLACING (IN ACCORDANCE WITH THE
PROVISIONS SET FORTH BELOW) THE COMMON AREAS, INCLUDING, WITHOUT LIMITATION, THE
COST AND EXPENSE OF THE FOLLOWING ITEMS TO THE EXTENT THEY RELATE SOLELY TO OR
ARE REASONABLY ALLOCABLE TO THE COMMON AREAS (TENANT HEREBY ACKNOWLEDGING THAT
IT IS NOT POSSIBLE TO MAKE SUCH ALLOCATION WITH MATHEMATICAL CERTAINTY AND THAT
ANY SUCH GOOD FAITH ALLOCATION MADE BY LANDLORD SHALL BE BINDING UPON TENANT):
GARDENING, LANDSCAPING, PLANTING, REPLANTING, AND REPLACING FLOWERS AND
SHRUBBERY; PUBLIC LIABILITY, PROPERTY DAMAGE AND FIRE INSURANCE WITH SUCH
EXTENDED COVERAGE AND VANDALISM ENDORSEMENTS REQUIRED BY THE HOLDER OF ANY
MORTGAGE COVERING ALL OR ANY PORTION OF THE COMMON AREAS OR CUSTOMARILY CARRIED
WITH RESPECT TO MIXED USE OFFICE AND RETAIL PROJECTS SIMILAR TO THE COMPLEX IN
NORTHERN NEW JERSEY; REPAIRS; PAINTING AND DECORATING; STRIPING; THE COST OF
ELECTRICITY FOR LIGHTING AND MAINTENANCE AND REPLACEMENTS OF LIGHTING FIXTURES,
TUBES AND BULBS; REGULATING AUTOMOBILE AND PEDESTRIAN TRAFFIC; SANITARY CONTROL;
REMOVAL OF RUBBISH, GARBAGE AND OTHER REFUSE; REMOVAL OF SNOW AND ICE, AND
SANDING AND SALTING; SECURITY, WHICH SHALL INCLUDE SPECIAL SECURITY UNDERTAKINGS
FOR THE COMMON USE AND ENJOYMENT OF ALL TENANTS AND OWNERS OF ALL OR A PORTION
OF THE COMPLEX; ACTIONS TO PREVENT UNAUTHORIZED USE OF CERTAIN OF THE COMMON
AREAS; SUPPLIES USED IN THE OPERATION AND MAINTENANCE OF THE COMMON AREAS
(INCLUDING THE COST OF INSPECTION THEREOF); DRAINAGE; MUSIC PROGRAM SERVICES AND
LOUD SPEAKER SYSTEMS, INCLUDING ELECTRICITY THEREFOR; HEATING, VENTILATING AND
AIR-CONDITIONING ENCLOSED SIDEWALKS, IF ANY; CLEANING ALL ENCLOSED SIDEWALKS, IF
ANY, INCLUDING CARPETING OR OTHER FLOOR COVERING; MAINTENANCE OF DECORATIONS, IF
ANY; COST OF PERSONNEL TO IMPLEMENT ALL OF THE AFOREMENTIONED (INCLUDING
WORKER'S COMPENSATION INSURANCE COVERING SUCH PERSONNEL); ALL ADMINISTRATIVE AND
OVERHEAD COSTS, EXCLUDING EXECUTIVE SALARIES ABOVE THE GRADE OF PROPERTY
MANAGER; ALL WATER AND SEWER CHARGES; OUTSIDE CONTRACTOR SNOW REMOVAL COSTS; AND
ANY OTHER FEES AND EXPENSES RELATED SOLELY TO OR WHICH ARE REASONABLY ALLOCABLE
TO THE OPERATION, MAINTENANCE AND REPAIR OF THE COMMON AREAS; PROVIDED, HOWEVER,
THAT THE FOREGOING COSTS AND EXPENSES SHALL EXCLUDE OR HAVE DEDUCTED FROM THEM,
AS THE CASE MAY BE, THE FOLLOWING:
(I)
TAXES;
(II)
INTEREST, PRINCIPAL AND REFINANCING AND
OTHER CHARGES ON OR WITH RESPECT TO INDEBTEDNESS;
(III)
AMOUNTS RECEIVED BY LANDLORD THROUGH
PROCEEDS OF INSURANCE TO THE EXTENT THEY ARE COMPENSATION FOR SUMS PREVIOUSLY
INCLUDED IN COMMON AREA OPERATING EXPENSES HEREUNDER;
(IV)
COSTS OF REPAIRS, REPLACEMENTS OR RESTORATION
INCURRED BY REASON OF FIRE OR OTHER CASUALTY OR CONDEMNATION TO THE EXTENT
LANDLORD IS COMPENSATED THEREFOR BY
14
INSURANCE PROCEEDS (OR WOULD HAVE BEEN COMPENSATED THEREFOR UNDER THE INSURANCE
POLICIES LANDLORD HAS AGREED TO MAINTAIN UNDER THIS LEASE IF LANDLORD FAILS TO
DO SO), OR CONDEMNATION AWARD;
(V)
ADVERTISING AND PROMOTIONAL EXPENSES;
(VI)
LEASING COMMISSIONS AND SIMILAR FEES;
(VII)
RENT UNDER