Common use of Common Area Charges Clause in Contracts

Common Area Charges. In addition to other amounts required to be paid by Tenant hereunder, Tenant shall pay to Landlord Tena▇▇'▇ ▇roportionate share of the following costs and expenses (collectively, the "Common Area Charges"): A. The cost of repair, maintenance and replacement of: (i) the exterior of the Building (including painting), other than those structural repairs and replacements for which Landlord is responsible pursuant to Paragraph 5; (ii) all mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment and systems forming a part of the Project of which the Building forms a part (other than the cost of repair, replacement and maintenance of the items which are Tenant's responsibility pursuant to Paragraph 6 which shall be paid entirely by Tena▇▇ ▇▇ provided in Paragraph 6); and (iii) all other common areas and facilities constituting a part of the Project of which the Building forms a part (including, but not limited to, the Parking Lot and other paved areas in and about the Building). B. The cost of maintenance and replacement of the grass, shrubbery and other landscaping in and about the Building and/or the Project. C. The cost of operating and maintaining in a good, neat, clean and sanitary condition all parking areas, driveways, alleys and grounds in and about the Building and/or the Project (including trash removal). D. Subject to the last sentence of Paragraph 2C above, the cost of assessments attributable to the Project under any applicable Declaration of Covenants, Restrictions and Easements (as may be amended from time to time) which are assessed by the applicable property owners association (collectively, the "Association Dues"). E. The cost of operating and maintaining any property, facilities or services provided for the common use of Tenant and other lessees of the Project, which costs shall include, without limitation, security services (if furnished by Landlord). Notwithstanding the foregoing, "Common Area Charges" shall not include (i) any expenses for which Landlord has received reimbursement by means of insurance proceeds or contractors' warranties or otherwise (provided, however, if Landlord is subsequently required to rebate or refund any such reimbursement, the amount of such rebate or refund shall be included within Common Area Charges), (ii) payments made by Landlord to affiliates of Landlord to the extent such payments exceed the amounts that would be paid for equivalent goods or comparable services to a third party unaffiliated with Landlord in an arms-length transaction, or (iii) management fees.

Common Area Charges. In addition to other amounts required to be paid by Tenant hereunder, Tenant shall pay to Landlord Tena▇▇'▇ ▇roportionate Tenant's proportionate share of the following costs and expenses (collectively, the "Common Area Charges"): A. The cost of repair, maintenance and replacement of: ; (i) the exterior of the Building (including painting), other than those structural repairs and replacements for which Landlord is responsible pursuant to Paragraph 5; (ii) subject to Paragraph 5(B), all mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment and systems forming a part of the Building or the Project of which the Building forms a part (other than the cost of repair, replacement and maintenance of the items which are Tenant's responsibility pursuant to Paragraph 6 which shall be paid entirely by Tena▇▇ ▇▇ Tenant as provided in Paragraph 6); and (iii) all other common areas and facilities constituting a part of the Building or the Project of which the Building forms a part (including, but not limited to, the Parking Lot and other all paved areas in and about the Building). B. The cost of maintenance and replacement of the grass, shrubbery and other landscaping in and about the Building and/or the Project. C. The cost of operating and maintaining in a good, neat, clean and sanitary condition all parking areas, driveways, alleys and grounds in and about the Building and/or the Project (including trash removal). D. Subject to the last sentence of Paragraph 2C above, the The cost of assessments attributable to the Project under any applicable Declaration of Covenants, Restrictions and Easements (as may be amended from time to time) which are assessed by the applicable property owners association (collectively, which cost Landlord estimates to be equal to $.05 per square foot of area in the "Association Dues"Building per year). E. The cost of operating and maintaining any property, facilities or services provided for the common use of Tenant and other lessees of the ProjectTenant, which costs shall include, without limitation, security services management fees (or if furnished by Landlord). Notwithstanding the foregoing, "Common Area Charges" shall not include (i) any expenses for which Landlord has received reimbursement by means of insurance proceeds or contractors' warranties or otherwise (provided, however, if Landlord no management company is subsequently required to rebate or refund any such reimbursement, the amount of such rebate or refund shall be included within Common Area Charges), (ii) payments made engaged by Landlord for the management of the Project, wages and employee benefits payable to employees of Landlord or affiliates of Landlord whose duties are connected with the operation and maintenance of the Building), which management fees (or such wages and benefits) shall not exceed an annual amount equal to 2% of the Base Rent payable to Landlord with respect to the extent such payments Building per annum. Landlord agrees that if any item of Common Area Charges is anticipated to exceed the amounts that would be paid for equivalent goods or comparable services to a third party unaffiliated with $10,000, Landlord in an arms-length transaction, or shall give Tenant at least fifteen (iii15) management feesdays' prior written notice thereof.

Common Area Charges. A. In addition to other amounts required to be paid by Tenant hereunder, Tenant shall pay to Landlord Tena▇▇'▇ ▇roportionate ▇▇▇’s proportionate share of the following costs and expenses (collectively, the "“Common Area Charges"”): A. i. The cost of repair, maintenance and replacement of: (i) the exterior of the Building (including painting), other than those structural repairs and replacements for which Landlord is responsible pursuant to Paragraph 5; (ii) all mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment and systems forming a part of the Building or the Project of which the Building forms a part (other than the cost of repair, replacement and maintenance of the items which are the Tenant's ’s responsibility pursuant to Paragraph 6 which shall be paid entirely by Tena▇▇ ▇▇ Tenant as provided in Paragraph 6); and (iii) all other common areas and facilities constituting a part of the Building or the Project of which the Building forms a part (including, but not limited to, the Parking Lot and other all paved areas in and about the Building). B. ii. The cost of maintenance and replacement of the grass, shrubbery and other landscaping in and about the Building and/or the Project. C. iii. The cost of operating and maintaining in a good, neat, clean and sanitary condition all parking areas, driveways, alleys and grounds in and about the Building and/or the Project (including trash removal). D. Subject to the last sentence of Paragraph 2C above, the iv. The cost of assessments attributable to the Project under any applicable Declaration of Covenants, Restrictions and Easements (as may be amended from time to time) which are assessed by the applicable property owners association (collectively, the "Association Dues")association. E. The v. Security services (if furnished by Landlord), and the cost of operating and maintaining any property, facilities or services provided for the common use of Tenant and other lessees of the Building or the Project, which costs shall include, without limitation, security services management fees (or if furnished no management company is engaged by Landlord for the management of the Project, wages and employee benefits payable to employees of Landlord or affiliates of Landlord whose duties are connected with the operation and maintenance of the Building); provided, however, such management fees (or if no management company is engaged by Landlord). , such wages and benefits) shall not exceed an amount equal to three percent (3%) of the Base Rent payable under this Lease. B. Notwithstanding the foregoing, "Common Area Charges" it is agreed that with regard to Controllable Expenses (hereinafter defined), Tenant’s obligation to pay any increases in Controllable Expenses for any year of the Term of this Lease following the first year of the Term of this Lease, shall not include be limited to an increase of six percent (i6%) any expenses (the “Cap”) from the amount paid with respect to Controllable Expenses for which Landlord has received reimbursement by means of insurance proceeds or contractors' warranties or otherwise (the immediately preceding year; provided, however, that if Landlord is subsequently required to rebate or refund any such reimbursementincrease in Controllable Expenses is less than the maximum amount that Controllable Expenses could have increased pursuant to the foregoing applicable Cap (the difference between the maximum amount that such Controllable Expenses could have increased and the amount that they did in fact increase is referred to herein as the “Unused Cap”), then the Unused Cap shall be applied to increase the Cap that is applicable to the year in question and for all subsequent years until all Unused Cap amounts are exhausted. Furthermore, the amount of such rebate or refund Unused Cap for all years shall be included within cumulated and be applied to increase the Caps applicable to all subsequent years in the Term of this Lease. It is the intention of this provision that the Cap provided with respect to Controllable Expense be a “cumulative cap”. The term “Controllable Expenses” shall mean all Common Area Charges), (iiexcept for costs described in Paragraph 3A(i) payments made by Landlord to affiliates of Landlord to the extent such payments exceed the amounts that would be paid for equivalent goods or comparable services to a third party unaffiliated with Landlord in an arms-length transaction, or (iii) management feesabove.

Common Area Charges. In addition to other amounts required to be paid by Tenant hereunder, Tenant shall pay to Landlord Tena▇▇'▇ ▇roportionate ▇▇▇’s proportionate share of the following costs and expenses (collectively, the "“Common Area Charges"”): A. The cost of repair, maintenance and replacement of: (i) the roof of the Building (except as otherwise provided in Paragraph 5); (ii) the exterior of the Building (including painting), other than those structural repairs and replacements for which Landlord is responsible pursuant to Paragraph 5; (iiiii) all mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment and systems forming a part of the Building or the Project of which the Building forms a part (other than the cost of repair, replacement and maintenance of the items which are Tenant's ’s responsibility pursuant to Paragraph 6 which shall be paid entirely by Tena▇▇ ▇▇ Tenant as provided in Paragraph 6); (iv) [intentionally omitted]; and (iiiv) all other common areas and facilities constituting a part of the Building or the Project of which the Building forms a part (including, but not limited to, the Parking Lot and other all paved areas in and about the Building). B. The cost of maintenance and replacement of the grass, shrubbery and other landscaping in and about the Building and/or the Project. C. The cost of operating and maintaining in a good, neat, clean and sanitary condition all parking areas, driveways, alleys and grounds in and about the Building and/or the Project (including trash removal). D. Subject to the last sentence of Paragraph 2C above, the The cost of assessments attributable to the Project under any applicable Declaration of Covenants, Restrictions and Easements (as may be amended from time to time) which are assessed by the applicable property owners association (collectively, the "Association Dues")association. E. The Security services (if furnished by Landlord), and the cost of operating and maintaining any property, facilities or services provided for the common use of Tenant and other lessees of the Building or the Project, which costs shall include, without limitation, security services management fees (or if furnished no management company is engaged by LandlordLandlord for the management of the Project, wages and employee benefits payable to employees of Landlord or affiliates of Landlord whose duties are connected with the operation and maintenance of the Building). Notwithstanding the foregoing, "Common Area Charges" shall not include (i) any expenses for which Landlord has received reimbursement by means of insurance proceeds or contractors' warranties or otherwise (; provided, however, such management fees (or if Landlord no management company is subsequently required engaged by Landlord, such wages and benefits) shall not exceed an amount equal to rebate or refund any such reimbursementthree percent (3%) of the Base Rent payable under this Lease. F. As used herein, the amount of such rebate or refund shall be included within term “Common Area Charges)” shall specifically exclude each of the following items: (1) Leasing commissions, attorneys’ fees, costs and disbursements and other expenses incurred in connection with negotiations for leases with tenants and/or other occupants of the Project and similar costs incurred in connection with disputes between Landlord and other tenants of the Project as well as cost of advertising and public relations associated with the Building or Project; (ii2) Costs of renovating, decorating or redecorating space for tenants, other occupants or prospective tenant or occupants of the Building; (3) Interest on debt or amortization payments made by Landlord to affiliates of Landlord on any mortgage or mortgages and rental under any ground or underlying leases or lease (except to the extent the same may be made to pay or reimburse, or may be measured by, ad valorem taxes); (4) Any charge for depreciation or amortization of the Land or Building, except as otherwise permitted hereunder; (5) Amounts paid to any affiliate of Landlord for services, goods or labor to the extent that same exceeds the cost of such payments exceed services, goods or labor rendered by unaffiliated third parties on a competitive basis in a Fort Worth office/warehouse building comparable to the amounts Building; (6) Costs or expenses of utilities directly metered to tenants of the Building and paid separately by such tenants; (7) Cost incurred to remedy violations by Landlord or any other tenant of building codes, statutes, laws or ordinances, and any interest, fines or penalties resulting therefrom, that arise by reason of the failure of the Building or Project to comply with any building codes, statutes, laws or ordinances in effect on the Commencement Date; (8) The costs or expenses of any repair work made by Landlord, the cost of which shall have been reimbursed by insurance, warranties (including, without limitation roof warranties), or condemnation proceeds, or other tenants of the Building; (9) Except as provided in Paragraphs 2D, 3A-E and 6A hereof, any other capital repairs or replacements, other than those made in order to reduce or minimize an increase in Common Area Charges (the cost of which will be amortized in the same manner as provided in Paragraph 2E above); (10) Income and franchise taxes of the Landlord which are prohibited from being charged to Tenant as Taxes hereunder, unless such are imposed, wholly or partially, in lieu of real property taxes or ad valorem assessments against the Land, Building and/or Premises or as a sales tax on rents; (11) Legal fees associated with the financing, refinancing or sale of the Building; (12) Costs of repairing latent construction defects in the Building; (13) Costs or expenses incurred in connection with negotiations or disputes with other tenants, other occupants (if any) or prospective tenants; (14) Costs or expenses solely attributable to a breach by Landlord of its covenants, conditions, obligations and duties hereunder that would not have been incurred at all, but for such breach by Landlord; (15) Cost paid or incurred in connection with the removal, replacement, enclosure and capsulation or other treatment of any hazardous materials brought into the Premises prior to the Commencement Date or that were brought onto the Premises by Landlord or any other tenant subsequent to the Commencement Date; (16) Salaries of Landlord’s employees above the position of Building manager, including, but not limited to, administrative, executive and partner wages and salaries; (17) Costs of any charitable or political contributions made by Landlord; (18) Cost of acquiring, leasing, restoring, removing or replacing sculpture, paintings or other objects of art; (19) To the extent any cost includable in Common Area Charges are incurred with respect to both the Building and other properties, there shall be paid for equivalent goods excluded from the Common Area Charges a fair and reasonable percentage thereof which is properly allocable to such other properties; (20) Cost of the original construction of the Building, “tap fees” or comparable services to a third party unaffiliated water, gas or sewer connection fees payable in connection with the original construction of the Building; and (21) All costs and expenses incurred by Landlord in an arms-length transactionconnection with the formation, and maintaining in good standing, of any corporate or (iii) management feesother legal entity that constitutes Landlord.

Common Area Charges. A. In addition to other amounts required to be paid by Tenant hereunder, Tenant shall pay to Landlord Tena▇▇'▇ ▇roportionate Tenant’s proportionate share of the following costs and expenses (collectively, the "“Common Area Charges"”): A. i. The cost of repair, maintenance and replacement of: (i) the exterior of the Building (including painting), other than those structural repairs and replacements for which Landlord is responsible pursuant to Paragraph 5; (ii) all mechanical, electrical, plumbing, sewer, sprinkler and other life-safety equipment and systems forming a part of the Building or the Project of which the Building forms a part (other than the cost of repair, replacement and maintenance of the items which are Tenant's ’s responsibility pursuant to Paragraph 6 which shall be paid entirely by Tena▇▇ ▇▇ Tenant as provided in Paragraph 6); and (iii) all other common areas and facilities constituting a part of the Building or the Project of which the Building forms a part (including, but not limited to, the Parking Lot and other all paved areas in and about the Building). B. ii. The cost of maintenance and replacement of the grass, shrubbery and other landscaping in and about the Building and/or the Project. C. iii. The cost of operating and maintaining in a good, neat, clean and sanitary condition all parking areas, driveways, alleys and grounds in and about the Building and/or the Project (including trash removal). D. Subject to the last sentence of Paragraph 2C above, the iv. The cost of assessments attributable to the Project under any applicable Declaration of Covenants, Restrictions and Easements (as may be amended from time to time) which are assessed by the applicable property owners association (collectively, the "Association Dues")association. E. The v. Security services (if furnished by Landlord), and the cost of operating and maintaining any property, facilities or services provided for the common use of Tenant and other lessees of the Building or the Project, which costs shall include, without limitation, security services management fees (or if furnished no management company is engaged by Landlord for the management of the Project, wages and employee benefits payable to employees of Landlord or affiliates of Landlord whose duties are connected with the operation and maintenance of the Building); provided, however, such management fees (or if no management company is engaged by Landlord). , such wages and benefits) shall not exceed an amount equal to three percent (3%) of the Base Rent payable under this Lease. B. Notwithstanding the foregoing, "Common Area Charges" shall not include it is agreed that with regard to Controllable Expenses (i) any expenses for which Landlord has received reimbursement by means of insurance proceeds or contractors' warranties or otherwise (provided, however, if Landlord is subsequently required to rebate or refund any such reimbursement, the amount of such rebate or refund shall be included within Common Area Chargeshereinafter defined), (ii) payments made by Landlord Tenant’s obligation to affiliates pay any increases in Controllable Expenses for any year of Landlord to the extent such payments exceed Term of this Lease following the amounts that would be paid for equivalent goods or comparable services to a third party unaffiliated with Landlord in an arms-length transaction, or (iii) management fees.first year of the Term of this