BELOW;
(L)
RENTALS AND OTHER RELATED EXPENSES FOR LEASING HEATING,
VENTILATION AND AIR CONDITIONING ("HVAC") SYSTEMS, ELEVATORS, OR OTHER ITEMS
(EXCEPT WHEN NEEDED IN CONNECTION WITH NORMAL REPAIRS AND MAINTENANCE OF THE
BUILDING AND/OR REAL PROPERTY AND/OR TO AN AMELIORATE AN EMERGENCY CONDITION IN
THE BUILDING AND/OR REAL PROPERTY) WHICH IF PURCHASED, RATHER THAN RENTED, WOULD
CONSTITUTE A CAPITAL IMPROVEMENT NOT INCLUDED IN OPERATING EXPENSES PURSUANT TO
THIS LEASE;
(M)
COSTS AND OVERHEAD AND PROFIT INCREMENT PAID TO LANDLORD OR TO
SUBSIDIARIES OR AFFILIATES OF LANDLORD FOR GOODS AND/OR SERVICES IN OR TO THE
REAL PROPERTY TO THE EXTENT THE SAME EXCEEDS TYPICAL COSTS AND OVERHEAD AND
PROFIT INCREMENT OF SUCH GOODS AND/OR SERVICES RENDERED BY QUALIFIED
UNAFFILIATED THIRD PARTIES ON A COMPETITIVE BASIS;
(N)
ANY COSTS FOR WHICH LANDLORD HAS BEEN REIMBURSED (OTHER THAN
THROUGH THE OPERATING EXPENSES PASS-THROUGH PROVISIONS OF OTHER TENANTS' LEASES)
OR FOR WHICH LANDLORD RECEIVES A CREDIT, REFUND OR DISCOUNT;
(O)
COSTS OF SIGNS (OTHER THAN BUILDING DIRECTORIES AND SIGNAGE FOR
VARIOUS EQUIPMENT ROOMS AND COMMON AREAS) IN OR ON THE REAL PROPERTY OR ANY
BUILDINGS LOCATED ON THE REAL PROPERTY WHICH IDENTIFY THE OWNER OF THE REAL
PROPERTY OR OTHER TENANTS' SIGNS;
(P)
INTEREST, PENALTIES, LATE CHARGES, LIQUIDATED DAMAGES OR OTHER
COSTS ARISING OUT OF LANDLORD'S FAILURE TO MAKE TIMELY PAYMENT OF ANY OF ITS
OBLIGATIONS UNDER THIS LEASE OR THE UNDERLYING DOCUMENTS, INCLUDING, WITHOUT
LIMITATION, LANDLORD'S FAILURE TO MAKE TIMELY PAYMENT OF ANY ITEM THAT IS
INCLUDED IN OPERATING EXPENSES, TAX EXPENSES, OR UTILITIES COSTS, AND ANY
PENALTIES OR FINES IMPOSED UPON LANDLORD DUE TO LANDLORD'S VIOLATION OF ANY
APPLICABLE LAWS OR THE UNDERLYING DOCUMENTS;
(Q)
RESERVES OF ANY KIND, INCLUDING REPLACEMENT RESERVES FOR BAD DEBT
LOSS OR LOST RENT (BUT OPERATING EXPENSES MAY INCLUDE REASONABLE RESERVES
IMPOSED UPON THE REAL PROPERTY AS PART OF THE ASSESSMENTS UNDER ANY COVENANTS,
CONDITIONS AND RESTRICTIONS RECORDED AGAINST THE REAL PROPERTY);
(R)
ANY COSTS EXPRESSLY EXCLUDED FROM OPERATING EXPENSES ELSEWHERE IN
THIS LEASE;
(S)
ANY GROUND LEASE RENTAL;
(T)
DEPRECIATION AND AMORTIZATION, EXCEPT AS EXPRESSLY PROVIDED IN
THIS SECTION 4.2.4, AND EXCEPT ON MATERIALS, TOOLS, SUPPLIES AND VENDOR-TYPE
EQUIPMENT PURCHASED BY LANDLORD TO ENABLE LANDLORD TO SUPPLY SERVICES LANDLORD
MIGHT OTHERWISE CONTRACT FOR WITH A THIRD PARTY, AND WHEN DEPRECIATION OR
AMORTIZATION IS PERMITTED OR REQUIRED, THE ITEM SHALL BE AMORTIZED OVER ITS
USEFUL
12
LIFE IN THE MANNER DESCRIBED IN SECTION 4.2.4 ABOVE, TOGETHER WITH INTEREST ON
THE UNAMORTIZED COSTS AT THE AMORTIZATION INTEREST RATE;
(U)
COSTS (INCLUDING, WITHOUT LIMITATION, FINES, PENALTIES, INTEREST,
AND COSTS OF REPAIRS, REPLACEMENTS, ALTERATIONS AND/OR IMPROVEMENTS) INCURRED IN
BRINGING THE REAL PROPERTY INTO COMPLIANCE WITH BUILDING CODES AND OTHER
APPLICABLE LAWS IN EFFECT AS OF THE LEASE COMMENCEMENT DATE AND AS INTERPRETED
BY APPLICABLE GOVERNMENTAL AUTHORITIES AS OF SUCH DATE, INCLUDING, WITHOUT
LIMITATION, ANY COSTS TO CORRECT BUILDING CODE VIOLATIONS PERTAINING TO THE
INITIAL DESIGN OR CONSTRUCTION OF THE BUILDING, THE PARKING FACILITIES OR ANY
OTHER IMPROVEMENTS TO THE REAL PROPERTY, TO THE EXTENT SUCH VIOLATIONS EXIST AS
OF