Common Area Maintenance. (a) Repairs, replacements, and general maintenance of and for the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, windows, elevators, restrooms, conference rooms, health club facilities, lobbies, mezzanines, balconies, mechanical rooms, building exteriors, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, loading areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord's discretion, except for: those items expressly made the financial responsibility of Landlord pursuant to Paragraph 10 hereof; those items to the extent paid for by the proceeds of insurance; and those items attributable solely or jointly to specific tenants of the Building or Project. (b) Repairs, replacements, and general maintenance shall include the cost of any capital improvements made to or capital assets acquired for the Project or Building that in Landlord's discretion may reduce any other Operating Expenses, (but limited to the extent of such --------------------------------- reasonably anticipated savings) including present or future repair ------------------------------ work are reasonably necessary for the health and saftey of the occupants of the Building or Project, or are required to comply with any Regulation, such costs or allocable portions thereof to be amortized over such reasonable period as Landlord shall determine, together with interest on the unamortized balance at the publicly announced "prime rate" charged by ▇▇▇▇▇ Fargo Bank, N.A. (San Francisco) or its successor at the time such improvements or capital assets are constructed or acquired, plus two (2) percentage points, or in the absence of such prime rate, then at the U.S. Treasury six-month market note (or bond, if so designated) rate as published by any national financial publication selected by Landlord, plus four (4) percentage points, but in no event more than the maximum rate permitted by law, plus reasonable financing charges. (c) Payment under or for any casement, license, permit, operating, agreement, declaration, restrictive covenant or instrument relating to the Building or Project. (d) All reasonable expenses and rental related to services and costs ---------- of supplies, materials and equipment used in operating, managing and maintaining the Premises, Building and Project, the equipment therein and the adjacent sidewalks, driveways, parking and service areas, including, without limitation, expenses related to service agreements regarding security, fire and other alarm systems, janitorial services, window cleaning, elevator maintenance, Building exterior maintenance, landscaping and expenses related to the administration, management and operation of the Project, including without limitation salaries, wages and benefits and management office rent. (e) The cost of supplying any services and utilities which benefit all or a portion of the Premises, Building or Project, including without limitation services and utilities provided pursuant to Paragraph 15 hereof. (f) Legal expenses and the cost of audits by certified public accountants; provided, however, that legal expenses chargeable as Operating Expenses shall not include the cost of negotiating leases, collecting rents, evicting tenants nor shall it include costs incurred in legal proceedings with or against any third party, including any -------------------------- tenant or to enforce the provisions of any lease. (g) A management and accounting cost recovery fee equal to five percent (5%) of the sum of the Project's base rents and Operating Expenses to the extent not included in such base rents (other than such management and accounting fee). If the rentable area of the Building and/or Project is not fully occupied during any fiscal year of the Term as determined by Landlord, an adjustment may be made in Landlord's discretion in computing the Operating Expenses for such year so that Tenant pays an equitable portion of all variable items (e.g., utilities, janitorial services and other component expenses that are affected by variations in occupancy levels) of Operating Expenses, as reasonably determined by Landlord; provided, however, that in no event shall Landlord be entitled to collect in excess of one hundred percent (100%) of the total Operating Expenses from all of the tenants in the Building or Project, as the case may be, and in no instance shall Tenant pay more than its proportionate share of ------------------------------------------------------------------------ operating expenses. ------------------ Operating Expenses shall not include the cost of providing tenant improvements or other specific costs incurred for the account of, separately billed to and paid by specific tenants of the Building or Project, the initial construction cost of the Building, or debt service on any mortgage or deed of trust recorded with respect to the Project other than pursuant to Paragraph 7.A.(3)(b) above. Additional exclusions from operating expenses: --------------------------------------------- 1. Costs of repairing major and/or latent defects in construction. ----------------------------------------------------------------- 2. Costs for which Landlord is reimbursed by any other tenant of occupant of ---------------------------------------------------------------------------- the Building or Project. ----------------------- 3. Fines penalties and interest on late payments. --------------------------------------------- 4. Expenses in connection with services and/or other benefits which are not ------------------------------------------------------------------------ offered to Tenant or are provided to Tenant at a direct charge but which ------------------------------------------------------------------------ are provided to another tenant of the Project without separate charge. --------------------------------------------------------------------- 5. Costs arising from Landlord's political or charitable contributions. ------------------------------------------------------------------- 6. Costs, other than those incurred in ordinary maintenance and repair, for ------------------------------------------------------------------------ sculpture, paintings, fountains or other objects of art. ------------------------------------------------------- 7. Costs to remove or otherwise remediate Hazardous Materials or comply with ------------------------------------------------------------------------- laws relating to Hazardous Materials. ------------------------------------ 8. Reserves for future expenses beyond current year anticipated expenses. --------------------------------------------------------------------- 9. Repairs or replacements to any utility systems which are dedicated to the ------------------------------------------------------------------------- use of a single tenant. ---------------------- Notwithstanding anything herein to the contrary, in any instance wherein Landlord, reasonably deems Tenant to be responsible for any amounts greater than Tenant's Proportionate Share, Landlord shall have the right to reasonably ---------- allocate such costs. ---- - The above enumeration of services and facilities shall not be deemed to impose an obligation on Landlord to make available or provide such services or facilities except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to make the same available or provide the same. Without limiting the generality of the foregoing, Tenant acknowledges and agrees that it shall be responsible for providing adequate security for its use of the Premises, the Building and the Project and that Landlord shall have no obligation or liability with respect thereto, except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to provide the same.
Appears in 1 contract
Common Area Maintenance. (a) Repairs, replacements, and general maintenance of and for the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, windows, elevators, restrooms, conference rooms, health club facilities, lobbies, mezzanines, balconies, mechanical rooms, building exteriors, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, loading truck staging areas, rail spur areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord's discretion, except for: those items expressly made the financial responsibility of Landlord pursuant to Paragraph 10 hereof; those items to the extent paid for by the proceeds of insuranceinsurance or which are covered under warranties of the contractor, manufacturer or supplier thereof; and those items attributable solely or jointly to specific tenants of the Building or Project.
(b) Repairs, replacements, and general maintenance shall include the cost of any capital improvements made to in or capital assets acquired for the Project or Building that in Landlord's discretion are reasonably intended to may reduce any other Operating Expenses, (but limited to the extent of such --------------------------------- reasonably anticipated savings) including present or future repair ------------------------------ work not covered by applicable warranties, are reasonably necessary for the health and saftey safety of the occupants of the Building or Project, or are required to comply with any Regulationchange in Regulation not applicable to the Building as of the Term Commencement Date, such costs or allocable portions thereof to be amortized over such reasonable period as Landlord shall determine, together with interest on the unamortized balance at the publicly announced "prime rate" charged by ▇▇▇▇▇ Fargo Bank, N.A. (San Francisco) or its successor at the time such improvements or capital assets are constructed or acquired, plus two (2) percentage points, ; or in the absence of such prime rate, then at the U.S. Treasury six-month market note (or bond, if so designated) rate as published by any national financial publication selected by Landlord, plus four (4) percentage points, but in no event more than the maximum rate permitted by law, plus reasonable financing charges. Landlord shall be responsible, at its sole cost and expense, for performing all work to each Building (exclusive of Tenant Improvements) or the common areas necessary to cause the Project to conform to Regulations applicable as of the Term Commencement Date.
(c) Payment under or for any casementeasement, license, permit, operating, operating agreement, declaration, restrictive covenant or instrument relating to the Building or Project.
(d) All reasonable expenses and rental related to services and costs ---------- of supplies, materials and equipment used in operating, managing and maintaining the Premises, Building and Project, the equipment therein and the adjacent sidewalks, driveways, parking and service areas, including, without limitation, expenses related to service agreements regarding security, fire and other alarm systems, janitorial servicesservices to the extent not addressed in Paragraph 11 hereof, window cleaning, elevator maintenance, Building exterior maintenance, landscaping and expenses related to the administration, management and operation of the Project, including without limitation salaries, wages and benefits benefits, and management office rent.
(e) The cost of supplying any services and utilities which benefit all or a portion of the Premises, Building or Project, including without limitation services and utilities provided pursuant Project to the extent not addressed in Paragraph 15 hereof.
(f) Legal Reasonable Llegal expenses and the cost of audits by certified public accountants; provided, however, that legal expenses chargeable as Operating Expenses shall not include the cost of negotiating leases, collecting rents, evicting tenants nor shall it include costs incurred in legal proceedings with or against any third party, including any -------------------------- tenant or to enforce the provisions of any lease.
(g) A An management administrative and accounting cost recovery fee equal to five percent (5%) twenty percent (20%) of the sum of the Project's base rents and Operating Expenses to the extent not included in such base rents (other than then such management and accounting fee). If the rentable area of the Building and/or Project is not fully occupied during any fiscal year of the Term as determined by Landlord, an adjustment may be made in Landlord's discretion in computing the Operating Expenses for such year so that Tenant pays an equitable portion of all variable items (e.g., utilities, janitorial services and other component expenses that are affected by variations in occupancy levels) of Operating Expenses, as reasonably determined by Landlord; provided, however, that in no event shall Landlord be entitled to collect in excess of one hundred percent (100%) of the total Operating Expenses from all of the tenants in the Building or Project, as the case may be, and in no instance shall Tenant pay more than its proportionate share of ------------------------------------------------------------------------ operating expenses. ------------------ Operating Expenses shall not include the cost of providing tenant improvements or other specific costs incurred for the account of, of separately billed to and paid by specific tenants of the Building or Project, the initial construction cost of the Building, or debt service on any mortgage or deed of trust recorded with respect to the Project other than pursuant to Paragraph 7.A.(3)(b) above. Additional exclusions from operating expenses: ---------------------------------------------above following:
1. Costs (i) costs incurred in connection with the original construction of repairing major and/or latent the Building or the Project; (ii) interest, principal, late charges, default fees, prepayment penalties or premiums on any debt owed by Landlord, including any mortgage debt; (iii) costs of correcting defects in construction. -----------------------------------------------------------------
2. Costs or inadequacy of the initial design or construction of the Building; (iv) expenses directly resulting from the gross negligence of the Landlord, its agents, servants or employees, or another tenant; (v) legal fees, space planners' fees, real estate brokers' leasing commissions and advertising expenses include in connection with the original development or original leasing of the Project or future leasing of the Project; (vi) costs for which Landlord is reimbursed by any other tenant of or occupant of ---------------------------------------------------------------------------- the Building Project or Project. -----------------------
3. Fines penalties and interest on late payments. ---------------------------------------------
4. Expenses by insurance by its carrier or any tenant's carrier or by anyone else; (vii) any bad debt loss, rent loss, or reserves for bad debts or rent loss; (viii) expenses of extraordinary services provided to other tenants in connection with services and/or other benefits the Project which are not ------------------------------------------------------------------------ offered to Tenant or are provided made available to Tenant at a direct charge but costs or for which ------------------------------------------------------------------------ are provided to another tenant of the Project without separate charge. ---------------------------------------------------------------------
5. Costs arising from Landlord's political or charitable contributions. -------------------------------------------------------------------
6. Costs, other than those incurred in ordinary maintenance and repair, for ------------------------------------------------------------------------ sculpture, paintings, fountains or other objects of art. -------------------------------------------------------
7. Costs to remove or otherwise remediate Hazardous Materials or comply with ------------------------------------------------------------------------- laws relating to Hazardous Materials. ------------------------------------
8. Reserves for future expenses beyond current year anticipated expenses. ---------------------------------------------------------------------
9. Repairs or replacements to any utility systems which are dedicated to the ------------------------------------------------------------------------- use of a single tenant. ---------------------- Notwithstanding anything herein to the contrary, in any instance wherein Landlord, reasonably deems Tenant to be responsible for any amounts greater than Tenant's Proportionate Share, Landlord shall have the right to reasonably ---------- allocate such costs. ---- - The above enumeration of services and facilities shall not be deemed to impose an obligation on Landlord to make available or provide such services or facilities except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to make the same available or provide the same. Without limiting the generality of the foregoing, Tenant acknowledges and agrees that it shall be responsible for providing adequate security for its use of the Premises, the Building and the Project and that Landlord shall have no obligation or liability with respect thereto, except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to provide the same.is separately charged;
Appears in 1 contract
Sources: Sub Sublease (Divx Inc)
Common Area Maintenance. (a) Repairs, replacements, and general maintenance of and for the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, windows, elevators, restrooms, conference rooms, health club facilities, lobbies, mezzanines, balconies, mechanical rooms, building exteriors, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, loading truck staging areas, rail spur areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord's discretion, except for: those items expressly made the financial responsibility of Landlord pursuant to Paragraph 10 hereof; those items to the extent paid for by the proceeds of insuranceinsurance or which are covered under warranties of the contractor, manufacturer or supplier thereof; and those items attributable solely or jointly to specific tenants of the Building or Project.
(b) Repairs, replacements, and general maintenance shall include the cost of any capital improvements made to or capital assets acquired for the Project or Building that in Landlord's discretion may are reasonably intended to reduce any other Operating Expenses, (but limited to the extent of such --------------------------------- reasonably anticipated savings) including present or future repair ------------------------------ work not covered by applicable warranties, are reasonably necessary for the health and saftey safety of the occupants of the Building or Project, or are required to comply with any Regulationchange in Regulation not applicable to the Building as of the Term Commencement Date, such costs or allocable portions thereof to be amortized over such reasonable period as Landlord shall determine, together with interest on the unamortized balance at the publicly announced "prime rate" charged by Well▇ ▇▇▇▇▇ Fargo go Bank, N.A. (San Francisco) or its successor at the time such improvements or capital assets are constructed or acquired, plus two (2) percentage points, or in the absence of such prime rate, then at the U.S. Treasury six-month market note (or bond, if so designated) rate as published by any national financial publication selected by Landlord, plus four (4) percentage points, but in no event more than the maximum rate permitted by law, plus reasonable financing charges. Landlord shall be responsible, at its sole cost and expense, for performing all work to the Buildings (exclusive of Tenant Improvements) or the common areas necessary to cause the Project to conform to regulations applicable as of the Term Commencement Date.
(c) Payment under or for any casementeasement, license, permit, operating, operating agreement, declaration, restrictive covenant or instrument relating to the Building or Project.
(d) All reasonable expenses and rental related to services and costs ---------- of supplies, materials and equipment used in operating, managing and maintaining the Premises, Building and Project, the equipment therein and the adjacent sidewalks, driveways, parking and service areas, including, without limitation, expenses related to service agreements regarding security, fire and other alarm systems, janitorial services, window cleaning, elevator maintenance, Building exterior maintenance, landscaping and expenses related to the administration, management and operation of the Project, including without limitation salaries, wages and benefits and management office rent.
(e) The cost of supplying any services and utilities which benefit all or a portion of the Premises, Building or Project, including without limitation services and utilities provided pursuant to Paragraph 15 hereof.
(f) Legal expenses and the cost of audits by certified public accountants; provided, however, that legal expenses chargeable as Operating Expenses shall not include the cost of negotiating leases, collecting rents, evicting tenants nor shall it include costs incurred in legal proceedings with or against any third party, including any -------------------------- tenant or to enforce the provisions of any lease.
(g) A management and accounting cost recovery fee equal to five percent (5%) of the sum of the Project's base rents and Operating Expenses to the extent not included in such base rents (other than such management and accounting fee). If the rentable area of the Building and/or Project is not fully occupied during any fiscal year of the Term as determined by Landlord, an adjustment may be made in Landlord's discretion in computing the Operating Expenses for such year so that Tenant pays an equitable portion of all variable items (e.g., utilities, janitorial services and other component expenses that are affected by variations in occupancy levels) of Operating Expenses, as reasonably determined by Landlord; provided, however, that in no event shall Landlord be entitled to collect in excess of one hundred percent (100%) of the total Operating Expenses from all of the tenants in the Building or Project, as the case may be, and in no instance shall Tenant pay more than its proportionate share of ------------------------------------------------------------------------ operating expenses. ------------------ Operating Expenses shall not include the cost of providing tenant improvements or other specific costs incurred for the account of, separately billed to and paid by specific tenants of the Building or Project, the initial construction cost of the Building, or debt service on any mortgage or deed of trust recorded with respect to the Project other than pursuant to Paragraph 7.A.(3)(b) above. Additional exclusions from operating expenses: ---------------------------------------------
1. Costs of repairing major and/or latent defects in construction. -----------------------------------------------------------------
2. Costs for which Landlord is reimbursed by any other tenant of occupant of ---------------------------------------------------------------------------- the Building or Project. -----------------------
3. Fines penalties and interest on late payments. ---------------------------------------------
4. Expenses in connection with services and/or other benefits which are not ------------------------------------------------------------------------ offered to Tenant or are provided to Tenant at a direct charge but which ------------------------------------------------------------------------ are provided to another tenant of the Project without separate charge. ---------------------------------------------------------------------
5. Costs arising from Landlord's political or charitable contributions. -------------------------------------------------------------------
6. Costs, other than those incurred in ordinary maintenance and repair, for ------------------------------------------------------------------------ sculpture, paintings, fountains or other objects of art. -------------------------------------------------------
7. Costs to remove or otherwise remediate Hazardous Materials or comply with ------------------------------------------------------------------------- laws relating to Hazardous Materials. ------------------------------------
8. Reserves for future expenses beyond current year anticipated expenses. ---------------------------------------------------------------------
9. Repairs or replacements to any utility systems which are dedicated to the ------------------------------------------------------------------------- use of a single tenant. ---------------------- Notwithstanding anything herein to the contrary, in any instance wherein Landlord, reasonably deems Tenant to be responsible for any amounts greater than Tenant's Proportionate Share, Landlord shall have the right to reasonably ---------- allocate such costs. ---- - The above enumeration of services and facilities shall not be deemed to impose an obligation on Landlord to make available or provide such services or facilities except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to make the same available or provide the same. Without limiting the generality of the foregoing, Tenant acknowledges and agrees that it shall be responsible for providing adequate security for its use of the Premises, the Building and the Project and that Landlord shall have no obligation or liability with respect thereto, except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to provide the same.,
Appears in 1 contract
Sources: Sublease Agreement (Mp3 Com Inc)
Common Area Maintenance. (a) Repairs, replacements, and general maintenance of and for the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, windows, elevators, restrooms, conference rooms, health club facilities, lobbies, mezzanines, balconies, mechanical rooms, building exteriors, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, loading areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord's discretion, except for: those items expressly made the financial responsibility of Landlord pursuant to Paragraph 10 hereof; those items to the extent paid for by the proceeds of insurance; and those items attributable solely or jointly to specific tenants of the Building or Project.
(b) Repairs, replacements, and general maintenance shall include the cost of any capital improvements made to or capital assets acquired for the Project or Building that in Landlord's discretion may reduce any other Operating Expenses, (but limited to the extent of such --------------------------------- reasonably anticipated savings) including present or future repair ------------------------------ work work, are reasonably necessary for the health and saftey safety of the occupants of the Building or Project, or are required to comply with any Regulation, such costs or allocable portions thereof to be amortized over such reasonable period as Landlord shall determine, together with interest on the unamortized balance at the publicly announced "prime rate" charged by ▇▇▇▇▇ Wells Fargo Bank, N.A. (San Francisco) or its successor suc▇▇▇▇▇r at the time such improvements or capital assets are constructed or acquired, plus two (2) percentage points, or in the absence of such prime rate, then at the U.S. Treasury six-month market note (or bond, if so designated) rate as published by any national financial publication selected by Landlord, plus four (4) percentage points, but in no event more than the maximum rate permitted by law, plus reasonable financing charges.
(c) Payment under or for any casementeasement, license, permit, operating, operating agreement, declaration, restrictive covenant or instrument relating to the Building or Project.
(d) All reasonable expenses and rental related to services and costs ---------- of supplies, materials and equipment used in operating, managing and maintaining the Premises, Building and Project, the equipment therein and the adjacent sidewalks, driveways, parking and service areas, including, without limitation, expenses related to service agreements regarding security, fire and other alarm systems, janitorial services, window cleaning, elevator maintenance, Building exterior maintenance, landscaping and expenses related to the administration, management and operation of the Project, including without limitation salaries, wages and benefits and management office rent.
(e) The cost of supplying any services and utilities which benefit all or a portion of the Premises, Building or Project, including without limitation services and utilities provided pursuant to Paragraph 15 hereof.
(f) Legal expenses and the cost of audits by certified public accountants; provided, however, that legal expenses chargeable as Operating Expenses shall not include the cost of negotiating leases, collecting rents, evicting tenants nor shall it include costs incurred in legal proceedings with or against any third party, including any -------------------------- tenant or to enforce the provisions of any lease.
(g) A management and accounting cost recovery fee equal to five percent (5%) of the sum of the Project's base rents and Operating Expenses to the extent not included in such base rents (other than such management and accounting fee). If the rentable area of the Building and/or Project is not fully occupied during any fiscal year of the Term as determined by Landlord, an adjustment may be made in Landlord's discretion in computing the Operating Expenses for such year so that Tenant pays an equitable portion of all variable items (e.g., utilities, janitorial services and other component expenses that are affected by variations in occupancy levels) of Operating Expenses, as reasonably determined by Landlord; provided, however, that in no event shall Landlord be entitled to collect in excess of one hundred percent (100%) of the total Operating Expenses from all of the tenants in the Building or Project, as the case may be, and in no instance shall Tenant pay more than its proportionate share of ------------------------------------------------------------------------ operating expenses. ------------------ Operating Expenses shall not include the cost of providing tenant improvements or other specific costs incurred for the account of, separately billed to and paid by specific tenants of the Building or Project, the initial construction cost of the Building, or debt service on any mortgage or deed of trust recorded with respect to the Project other than pursuant to Paragraph 7.A.(3)(b) above. Additional exclusions from operating expenses: ---------------------------------------------
1. Costs of repairing major and/or latent defects in construction. -----------------------------------------------------------------
2. Costs for which Landlord is reimbursed by any other tenant of occupant of ---------------------------------------------------------------------------- the Building or Project. -----------------------
3. Fines penalties and interest on late payments. ---------------------------------------------
4. Expenses in connection with services and/or other benefits which are not ------------------------------------------------------------------------ offered to Tenant or are provided to Tenant at a direct charge but which ------------------------------------------------------------------------ are provided to another tenant of the Project without separate charge. ---------------------------------------------------------------------
5. Costs arising from Landlord's political or charitable contributions. -------------------------------------------------------------------
6. Costs, other than those incurred in ordinary maintenance and repair, for ------------------------------------------------------------------------ sculpture, paintings, fountains or other objects of art. -------------------------------------------------------
7. Costs to remove or otherwise remediate Hazardous Materials or comply with ------------------------------------------------------------------------- laws relating to Hazardous Materials. ------------------------------------
8. Reserves for future expenses beyond current year anticipated expenses. ---------------------------------------------------------------------
9. Repairs or replacements to any utility systems which are dedicated to the ------------------------------------------------------------------------- use of a single tenant. ---------------------- Notwithstanding anything herein to the contrary, in any instance wherein Landlord, reasonably in Landlord's sole discretion, deems Tenant to be responsible for any amounts greater than Tenant's Proportionate Share, Landlord shall have the right to reasonably ---------- allocate such costscosts in any manner Landlord deems appropriate. ---- - The above enumeration of services and facilities shall not be deemed to impose an obligation on Landlord to make available or provide such services or facilities except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to make the same available or provide the same. Without limiting the generality of the foregoing, Tenant acknowledges and agrees that it shall be responsible for providing adequate security for its use of the Premises, the Building and the Project and that Landlord shall have no obligation or liability with respect thereto, except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to provide the same.
Appears in 1 contract
Common Area Maintenance. (a) Repairs, replacements, and general maintenance of and for the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, windows, elevators, restrooms, conference rooms, health club facilities, lobbies, mezzanines, balconies, mechanical rooms, building exteriors, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, loading areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord's discretion, except for: those items expressly made the financial responsibility of Landlord pursuant to Paragraph 10 hereof; those items to the extent paid for by the proceeds of insuranceinsurance or paid by Tenant or other third parties; and those items attributable solely or jointly to specific tenants of the Building or Project.
(b) Repairs, replacements, and general maintenance shall include the cost of any capital improvements made to or capital assets acquired for the Project or Building that in Landlord's discretion may reduce any other Operating Expenses, (but limited to the extent of such --------------------------------- reasonably anticipated savings) including present or future repair ------------------------------ work work, are reasonably necessary for the health and saftey safety of the occupants of the Building or Project, or for the operation of the Building systems, services and equipment, or are required to comply with any Regulation, such costs or allocable portions thereof to be amortized over such reasonable period as Landlord shall determinedetermine which period is substantially in accordance with generally accepted accounting principles, together with interest on the unamortized balance at the publicly announced "prime rate" charged by ▇▇▇▇▇ Fargo Bank, N.A. (San Francisco) or its successor at the time such improvements or capital assets are constructed or acquired, plus two (2) percentage points, or in the absence of such prime rate, then at the U.S. Treasury six-month market note (or bond, if so designated) rate as published by any national financial publication selected by Landlord, plus four (4) percentage points, but in no event more than the lesser of (i) ten percent (10%) or (ii) the maximum rate permitted by law, plus reasonable financing charges.
(c) Payment under or for any casementeasement, license, permit, operating, operating agreement, declaration, restrictive covenant or instrument relating to the Building or Project.
(d) All reasonable expenses and rental related to services and costs ---------- of supplies, materials and equipment used in operating, managing and maintaining the Premises, Building and Project, the equipment therein and the adjacent sidewalks, driveways, parking and service areas, including, without limitation, expenses related to service agreements regarding security, fire and other alarm systems, janitorial services, window cleaning, elevator maintenance, Building exterior maintenance, landscaping and expenses related to the administration, management and operation of the Project, including without limitation salaries, wages and benefits and management office rent.
(e) The cost of supplying any services and utilities which benefit all or a portion of the Premises, Building or Project, including without limitation services and utilities provided pursuant to Paragraph 15 hereof.
(f) Legal expenses and the cost of audits by certified public accountants; provided, however, that legal expenses chargeable as Operating Expenses shall not include the cost of negotiating leases, collecting rents, evicting tenants nor shall it include costs incurred in legal proceedings with or against any third party, including any -------------------------- tenant or to enforce the provisions of any lease.
(g) A management and accounting cost recovery fee equal not to five exceed four percent (54%) of the sum of the Project's base rents and Operating Expenses to the extent not included in such base rents (other than such management and accounting fee)revenues. If the rentable area of the Building and/or Project is not fully occupied during any fiscal year of the Term as determined by Landlord, an adjustment may shall be made in Landlord's discretion in computing the Operating Expenses for such year so that Tenant pays an equitable portion of all variable items (e.g., utilities, janitorial services and other component expenses that are affected by variations in occupancy levels) of Operating Expenses, as reasonably determined by Landlord; provided, however, that in no event shall Landlord be entitled to collect in excess of one hundred percent (100%) of the total Operating Expenses actually incurred by Landlord from all of the tenants in the Building or Project, as the case may be, and in no instance shall Tenant pay more than its proportionate share of ------------------------------------------------------------------------ operating expenses. ------------------ Operating Expenses shall not include the cost of providing tenant improvements or other specific costs incurred for the account of, separately billed to and paid by of specific tenants of the Building or ProjectProject other than Tenant, the initial construction cost of the Building, or debt service on any mortgage or deed of trust recorded with respect to the Project other than pursuant to Paragraph 7.A.(3)(b7.A(3)(b) above. Additional exclusions from operating expensesMoreover, if Landlord does not provide janitorial service to the Premises, Operating Expenses with respect to the Premises shall not include the cost of janitorial service. In addition, notwithstanding anything in the definition of Operating Expenses in this Lease to the contrary, Operating Expenses shall not include the following, except to the extent specifically provided: ---------------------------------------------
1. Costs costs of repairing major capital improvements, replacements or equipment and any depreciation or amortization expenses thereon, except to the extent included in Operating Expenses in Paragraph 7.A of this Lease; marketing costs, including leasing commissions, attorneys' fees in connection with the negotiation and preparation or enforcement of letters, deal memos, letters of intent, leases, subleases and/or latent defects assignments, space planning costs, and other costs and expenses incurred in construction. -----------------------------------------------------------------
2. Costs for which Landlord is reimbursed by any connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other tenant occupants of occupant of ---------------------------------------------------------------------------- the Building or the Project. -----------------------
3. Fines penalties and interest on late payments. ---------------------------------------------
4. ; except to the extent included in Operating Expenses in connection with services and/or Paragraph 7.A(3) above, interest, principal, points and fees on debt or amortization payments on any mortgage or deed of trust or any other benefits debt instrument encumbering the Building or Project or the land on which are the Building or Project is situated; and advertising and promotional expenditures; Landlord's general corporate overhead and general administrative expenses not ------------------------------------------------------------------------ offered related to Tenant or are provided to Tenant at a direct charge but which ------------------------------------------------------------------------ are provided to another tenant the operation of the Building or the Project without separate charge(including executive salaries), except as specifically set forth in Paragraph 7.A of this Lease. ---------------------------------------------------------------------
5. Costs arising from Landlord's political or charitable contributions. -------------------------------------------------------------------
6. Costs, other than those incurred in ordinary maintenance and repair, for ------------------------------------------------------------------------ sculpture, paintings, fountains or other objects of art. -------------------------------------------------------
7. Costs to remove or otherwise remediate Hazardous Materials or comply with ------------------------------------------------------------------------- laws relating to Hazardous Materials. ------------------------------------
8. Reserves for future expenses beyond current year anticipated expenses. ---------------------------------------------------------------------
9. Repairs or replacements to any utility systems which are dedicated to the ------------------------------------------------------------------------- use of a single tenant. ---------------------- Notwithstanding anything herein to the contrary, in any instance wherein Landlord, reasonably in Landlord's reasonable discretion, deems Tenant to be responsible for any amounts greater than Tenant's Proportionate Share, Landlord shall have the right to allocate costs in any manner Landlord reasonably ---------- allocate such costsdeems appropriate. ---- - Landlord shall not collect from the tenants of the Project an amount greater than 100% of the Operating Expenses incurred in the Project. The above enumeration of services and facilities shall not be deemed to impose an obligation on Landlord to make available or provide such services or facilities except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to make the same available or provide the same. Without limiting the generality of the foregoing, Tenant acknowledges and agrees that it shall be responsible for providing adequate security for its use of the Premises, the Building and the Project and that Landlord shall have no obligation or liability with respect thereto, except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to provide the same.
Appears in 1 contract
Sources: Annual Report
Common Area Maintenance. (a) Repairs, replacements, and general maintenance of and for the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, windows, elevators, restrooms, conference rooms, health club facilities, lobbies, mezzanines, balconies, mechanical rooms, building exteriors, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, loading truck staging areas, rail spur areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord's discretion, except for: those items expressly made the financial responsibility of Landlord pursuant to Paragraph 10 hereof; those items to the extent paid for by the proceeds of insuranceinsurance or which are covered under warranties of the contractor, manufacturer or supplier thereof; and those items attributable solely or jointly to specific tenants of the Building or Project.
(b) Repairs, replacements, and general maintenance shall include the cost of any capital improvements made to or capital assets acquired for the Project or Building that in Landlord's discretion may are reasonably intended to reduce any other Operating Expenses, (but limited to the extent of such --------------------------------- reasonably anticipated savings) including present or future repair ------------------------------ work not covered by applicable warranties, are reasonably necessary for the health and saftey safety of the occupants of the Building or Project, or are required to comply with any Regulationchange in Regulation not applicable to the Building as of the Term Commencement Date, such costs or allocable portions thereof to be amortized over such reasonable period as Landlord shall determine, together with interest on the unamortized balance at the publicly announced "prime rate" charged by Well▇ ▇▇▇▇▇ Fargo go Bank, N.A. (San Francisco) or its successor at the time such improvements or capital assets are constructed or acquired, plus two (2) percentage points, or in the absence of such prime rate, then at the U.S. Treasury six-month market note (or bond, if so designated) rate as published by any national financial publication selected by Landlord, plus four (4) percentage points, but in no event more than the maximum rate permitted by law, plus reasonable financing charges. Landlord shall be responsible, at its sole cost and expense, for performing all work to the Buildings (exclusive of Tenant Improvements) or the common areas necessary to cause the Project to conform to regulations applicable as of the Term Commencement Date.
(c) Payment under or for any casementeasement, license, permit, operating, operating agreement, declaration, restrictive covenant or instrument relating to the Building or Project.
(d) All reasonable expenses and rental related to services and costs ---------- of supplies, materials and equipment used in operating, managing and maintaining the Premises, Building and Project, the equipment therein and the adjacent sidewalks, driveways, parking and service areas, including, without limitation, expenses related to service agreements regarding security, fire and other alarm systems, janitorial servicesservices to the extent not addressed in Paragraph 11 hereof, window cleaning, elevator maintenance, Building exterior maintenance, landscaping and expenses related to the administration, management and operation of the Project, including without limitation salaries, wages and benefits and management office rentbenefits.
(e) The cost of supplying any services and utilities which benefit all or a portion of the Premises, Building or Project, including without limitation services and utilities provided pursuant to Paragraph 15 hereof.
(f) Legal expenses and the cost of audits by certified public accountants; provided, however, that legal expenses chargeable as Operating Expenses shall not include the cost of negotiating leases, collecting rents, evicting tenants nor shall it include costs incurred in legal proceedings with or against any third party, including any -------------------------- tenant or to enforce the provisions of any lease.
(g) A management and accounting cost recovery fee equal to five percent (5%) of the sum of the Project's base rents and Operating Expenses to the extent not included in such base rents (other than such management and accounting fee). If the rentable area of the Building and/or Project is not fully occupied during any fiscal year of the Term as determined by Landlord, an adjustment may be made in Landlord's discretion in computing the Operating Expenses for such year so that Tenant pays an equitable portion of all variable items (e.g., utilities, janitorial services and other component expenses that are affected by variations in occupancy levels) of Operating Expenses, as reasonably determined by Landlord; provided, however, that in no event shall Landlord be entitled to collect in excess of one hundred percent (100%) of the total Operating Expenses from all of the tenants in the Building or Project, as the case may be, and in no instance shall Tenant pay more than its proportionate share of ------------------------------------------------------------------------ operating expenses. ------------------ Operating Expenses shall not include the cost of providing tenant improvements or other specific costs incurred for the account of, separately billed to and paid by specific tenants of the Building or Project, the initial construction cost of the Building, or debt service on any mortgage or deed of trust recorded with respect to the Project other than pursuant to Paragraph 7.A.(3)(b) above. Additional exclusions from operating expenses: ---------------------------------------------
1. Costs of repairing major and/or latent defects in construction. -----------------------------------------------------------------
2. Costs for which Landlord is reimbursed by any other tenant of occupant of ---------------------------------------------------------------------------- the Building or Project. -----------------------
3. Fines penalties and interest on late payments. ---------------------------------------------
4. Expenses in connection with services and/or other benefits which are not ------------------------------------------------------------------------ offered to Tenant or are provided to Tenant at a direct charge but which ------------------------------------------------------------------------ are provided to another tenant of the Project without separate charge. ---------------------------------------------------------------------
5. Costs arising from Landlord's political or charitable contributions. -------------------------------------------------------------------
6. Costs, other than those incurred in ordinary maintenance and repair, for ------------------------------------------------------------------------ sculpture, paintings, fountains or other objects of art. -------------------------------------------------------
7. Costs to remove or otherwise remediate Hazardous Materials or comply with ------------------------------------------------------------------------- laws relating to Hazardous Materials. ------------------------------------
8. Reserves for future expenses beyond current year anticipated expenses. ---------------------------------------------------------------------
9. Repairs or replacements to any utility systems which are dedicated to the ------------------------------------------------------------------------- use of a single tenant. ---------------------- Notwithstanding anything herein to the contrary, in any instance wherein Landlord, reasonably deems Tenant to be responsible for any amounts greater than Tenant's Proportionate Share, Landlord shall have the right to reasonably ---------- allocate such costs. ---- - The above enumeration of services and facilities shall not be deemed to impose an obligation on Landlord to make available or provide such services or facilities except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to make the same available or provide the same. Without limiting the generality of the foregoing, Tenant acknowledges and agrees that it shall be responsible for providing adequate security for its use of the Premises, the Building and the Project and that Landlord shall have no obligation or liability with respect thereto, except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to provide the same.
Appears in 1 contract
Sources: Sublease Agreement (Mp3 Com Inc)
Common Area Maintenance. (a) Repairs, replacements, and general maintenance of and for the Building and Project and public and common areas and facilities of and comprising the Building and Project, including, but not limited to, the roof and roof membrane, windows, elevators, restrooms, conference rooms, health club facilities, lobbies, mezzanines, balconies, mechanical rooms, building exteriors, alarm systems, pest extermination, landscaped areas, parking and service areas, driveways, sidewalks, loading truck staging areas, rail spur areas, fire sprinkler systems, sanitary and storm sewer lines, utility services, heating/ventilation/air conditioning systems, electrical, mechanical or other systems, telephone equipment and wiring servicing, plumbing, lighting, and any other items or areas which affect the operation or appearance of the Building or Project, which determination shall be at Landlord's discretion, except for: those items expressly made the financial responsibility of Landlord pursuant to Paragraph 10 hereof; those items to the extent paid for by the proceeds of insuranceinsurance or which are covered under warranties of the contractor, manufacturer or supplier thereof; and those items attributable solely or jointly to specific tenants of the Building or Project.
(b) Repairs, replacements, and general maintenance shall include the cost of any capital improvements made to or capital assets acquired for the Project or Building that in Landlord's discretion may are reasonably intended to reduce any other Operating Expenses, (but limited to the extent of such --------------------------------- reasonably anticipated savings) including present or future repair ------------------------------ work not covered by applicable warranties, are reasonably necessary for the health and saftey safety of the occupants of the Building or Project, or are required to comply with any Regulationchange in Regulation not applicable to the Building as of the Term Commencement Date, such costs or allocable portions thereof to be amortized over such reasonable period as Landlord shall determine, together with interest on the unamortized balance at the publicly announced "prime rate" charged by Well▇ ▇▇▇▇▇ Fargo go Bank, N.A. (San Francisco) or its successor at the time such improvements or capital assets are constructed or acquired, plus two (2) percentage points, or in the absence of such prime rate, then at the U.S. Treasury six-month market note (or bond, if so designated) rate as published by any national financial publication selected by Landlord, plus four (4) percentage points, but in no event more than the maximum rate permitted by law, plus reasonable financing charges.
. Landlord shall be responsible, at its sole cost and expense, for performing all work to each Building (cexclusive of Tenant Improvements) Payment under or for any casement, license, permit, operating, agreement, declaration, restrictive covenant or instrument relating the common areas necessary to cause the Building or Project.
(d) All reasonable expenses and rental related Project to services and costs ---------- of supplies, materials and equipment used in operating, managing and maintaining the Premises, Building and Project, the equipment therein and the adjacent sidewalks, driveways, parking and service areas, including, without limitation, expenses related conform to service agreements regarding security, fire and other alarm systems, janitorial services, window cleaning, elevator maintenance, Building exterior maintenance, landscaping and expenses related to the administration, management and operation of the Project, including without limitation salaries, wages and benefits and management office rent.
(e) The cost of supplying any services and utilities which benefit all or a portion of the Premises, Building or Project, including without limitation services and utilities provided pursuant to Paragraph 15 hereof.
(f) Legal expenses and the cost of audits by certified public accountants; provided, however, that legal expenses chargeable Regulations applicable as Operating Expenses shall not include the cost of negotiating leases, collecting rents, evicting tenants nor shall it include costs incurred in legal proceedings with or against any third party, including any -------------------------- tenant or to enforce the provisions of any lease.
(g) A management and accounting cost recovery fee equal to five percent (5%) of the sum of the Project's base rents and Operating Expenses to the extent not included in such base rents (other than such management and accounting fee). If the rentable area of the Building and/or Project is not fully occupied during any fiscal year of the Term as determined by Landlord, an adjustment may be made in Landlord's discretion in computing the Operating Expenses for such year so that Tenant pays an equitable portion of all variable items (e.g., utilities, janitorial services and other component expenses that are affected by variations in occupancy levels) of Operating Expenses, as reasonably determined by Landlord; provided, however, that in no event shall Landlord be entitled to collect in excess of one hundred percent (100%) of the total Operating Expenses from all of the tenants in the Building or Project, as the case may be, and in no instance shall Tenant pay more than its proportionate share of ------------------------------------------------------------------------ operating expenses. ------------------ Operating Expenses shall not include the cost of providing tenant improvements or other specific costs incurred for the account of, separately billed to and paid by specific tenants of the Building or Project, the initial construction cost of the Building, or debt service on any mortgage or deed of trust recorded with respect to the Project other than pursuant to Paragraph 7.A.(3)(b) above. Additional exclusions from operating expenses: ---------------------------------------------
1. Costs of repairing major and/or latent defects in construction. -----------------------------------------------------------------
2. Costs for which Landlord is reimbursed by any other tenant of occupant of ---------------------------------------------------------------------------- the Building or Project. -----------------------
3. Fines penalties and interest on late payments. ---------------------------------------------
4. Expenses in connection with services and/or other benefits which are not ------------------------------------------------------------------------ offered to Tenant or are provided to Tenant at a direct charge but which ------------------------------------------------------------------------ are provided to another tenant of the Project without separate charge. ---------------------------------------------------------------------
5. Costs arising from Landlord's political or charitable contributions. -------------------------------------------------------------------
6. Costs, other than those incurred in ordinary maintenance and repair, for ------------------------------------------------------------------------ sculpture, paintings, fountains or other objects of art. -------------------------------------------------------
7. Costs to remove or otherwise remediate Hazardous Materials or comply with ------------------------------------------------------------------------- laws relating to Hazardous Materials. ------------------------------------
8. Reserves for future expenses beyond current year anticipated expenses. ---------------------------------------------------------------------
9. Repairs or replacements to any utility systems which are dedicated to the ------------------------------------------------------------------------- use of a single tenant. ---------------------- Notwithstanding anything herein to the contrary, in any instance wherein Landlord, reasonably deems Tenant to be responsible for any amounts greater than Tenant's Proportionate Share, Landlord shall have the right to reasonably ---------- allocate such costs. ---- - The above enumeration of services and facilities shall not be deemed to impose an obligation on Landlord to make available or provide such services or facilities except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to make the same available or provide the same. Without limiting the generality of the foregoing, Tenant acknowledges and agrees that it shall be responsible for providing adequate security for its use of the Premises, the Building and the Project and that Landlord shall have no obligation or liability with respect thereto, except to the extent if any that Landlord has specifically agreed elsewhere in this Lease to provide the sameCommencement Date.
Appears in 1 contract