THE
BUILDING NOT TO EXCEED 1,000 RENTABLE SQUARE FEET OF SPACE.
(3)
ALL NORMAL AND CUSTOMARY SUPPLIES, MATERIALS, EQUIPMENT AND
EQUIPMENT RENTAL USED IN THE OPERATION, MAINTENANCE, REPAIR AND PRESERVATION OF
THE PROJECT.
(4)
UTILITIES, INCLUDING WATER, GAS, SEWER AND POWER, TELEPHONE,
COMMUNICATION AND CABLE TELEVISION FACILITIES, TRASH DISPOSAL, LIGHTING,
HEATING, AIR CONDITIONING AND VENTILATING AND THE OPERATION OF THE COOLING TOWER
FOR THE PROJECT (EXCLUDING ANY COSTS DIRECTLY CHARGED TO TENANT OR OTHER TENANTS
IN THE PROJECT).
(5)
ALL MAINTENANCE, JANITORIAL AND SERVICE AGREEMENTS FOR THE PROJECT
AND THE EQUIPMENT THEREIN, INCLUDING, WITHOUT LIMITATION, ALARM AND/OR SECURITY
SERVICE, WINDOW CLEANING, ELEVATOR MAINTENANCE, SIDEWALKS, LANDSCAPING, BUILDING
EXTERIOR AND SERVICE AREAS.
11
(6)
LEGAL AND ACCOUNTING SERVICES FOR THE PROJECT, INCLUDING THE COSTS
OF AUDITS BY CERTIFIED PUBLIC ACCOUNTANTS; PROVIDED, HOWEVER, THAT LEGAL
EXPENSES SHALL NOT INCLUDE THE COST OF LEASE NEGOTIATIONS, TERMINATION OF
LEASES, EXTENSION OF LEASES, NEGOTIATION OF ESTOPPELS AND SUBORDINATION
AGREEMENTS, OR LEGAL COSTS INCURRED IN PROCEEDINGS BY OR AGAINST ANY SPECIFIC
TENANT.
(7)
ALL INSURANCE COSTS, INCLUDING, BUT NOT LIMITED TO, THE COST OF
PROPERTY AND LIABILITY COVERAGE AND RENTAL INCOME AND EARTHQUAKE INSURANCE
APPLICABLE TO THE PROJECT AND LANDLORD'S PERSONAL PROPERTY USED IN CONNECTION
THEREWITH, AS WELL AS COSTS (INCLUDING CAPITAL COSTS, IF APPLICABLE) OF
REPAIRING AN INSURED CASUALTY TO THE EXTENT OF THE COMMERCIALLY REASONABLE
DEDUCTIBLE AMOUNTS APPLICABLE TO SUCH INSURANCE (SUBJECT TO THE LIMITS SET FORTH
IN THE FINAL SENTENCE OF SECTION 4.3(B) BELOW) AND COSTS OF REPAIR OF UNINSURED
CASUALTY (SUBJECT TO THE LIMITS SET FORTH IN THE FINAL SENTENCE OF
SECTION 4.3(B) BELOW).
(8)
REPAIRS, REPLACEMENTS AND GENERAL MAINTENANCE (EXCEPT FOR REPAIRS
PAID BY THE PROCEEDS OF INSURANCE OR BY TENANT OR OTHER TENANTS OF THE PROJECT
OR THIRD PARTIES, AND ALTERATIONS ATTRIBUTABLE SOLELY TO TENANTS OF THE PROJECT
OTHER THAN TENANT).
(9)
OPERATING EXPENSES AND COSTS INCURRED IN CONNECTION WITH THE
PARKING GARAGE AFFILIATED WITH THE BUILDING (EXCEPT THOSE NOT DIRECTLY
ATTRIBUTABLE TO PARKING FOR BUILDING OCCUPANTS (E.G., SPECIAL EVENT PARKING).
(10)
AMORTIZATION (TOGETHER WITH REASONABLE FINANCING CHARGES) OF
(A) CAPITAL IMPROVEMENTS MADE TO THE PROJECT SUBSEQUENT TO THE DATE OF THIS
LEASE WHICH ARE DESIGNED TO IMPROVE THE OPERATING EFFICIENCY OF THE PROJECT
(PROVIDED, HOWEVER, THAT, THE COSTS THEREOF MAY ONLY BE INCLUDED IN OPERATING
COSTS IF, AT THE TIME SUCH COSTS WERE INCURRED, LANDLORD REASONABLY ESTIMATED
THAT THE ANNUAL SAVING IN OPERATING COSTS THAT WOULD RESULT FROM SUCH
EXPENDITURE WOULD BE EQUAL TO OR EXCEED THE ANNUAL AMORTIZED AMOUNT OF THE COST
TO BE INCLUDED IN OPERATING COSTS PURSUANT TO THIS ITEM (10))OR (B) CAPITAL
IMPROVEMENTS MADE TO THE PROJECT SUBSEQUENT TO THE DATE OF THIS LEASE WHICH MAY
BE REQUIRED BY GOVERNMENTAL AUTHORITIES, INCLUDING THOSE IMPROVEMENTS REQUIRED
FOR ENERGY CONSERVATION AND FOR THE BENEFIT OF INDIVIDUALS WITH DISABILITIES
(PROVIDED THAT SUCH AMORTIZATION PERIOD SHALL BE WITHIN THE RANGE USED TO
AMORTIZE SUCH COSTS BY LANDLORDS OF OTHER FIRST-CLASS OFFICE BUILDINGS IN THE
GEOGRAPHIC AREA OF THE PREMISES IN ACCORDANCE WITH GENERALLY ACCEPTED PROPERTY
MANAGEMENT PRACTICES).
NOTWITHSTANDING THE