Common use of Definition of Operating Expenses Clause in Contracts

Definition of Operating Expenses. The term "Operating Expenses" includes all expenses incurred by Lessor with respect to the maintenance and operation of the Building (except for items described below) and includes, but is not limited to, the following: maintenance, repair and replacement costs; security; wages and benefits payable to employees of Lessor to the extent their duties are directly connected with the operation and maintenance of the Building; management fees, all services, utilities for common areas, supplies, repairs, replacement or other expenses for maintaining and operating the common parking and plaza areas; the cost, amortized over its useful life, of any expense required to be capitalized under GAAP principles other than capital improvements; the cost, amortized over its useful life, of any capital improvement made to the Building by Lessor after the date of this Lease, if required under any governmental law or regulation other than improvements made to the Building to effect compliance with the Americans With Disabilities Act (the "ADA") or as otherwise set forth herein, which capital improvements must be of mutual benefit to all tenants of the Building; and the cost, amortized over its useful life, of installation of any device or other equipment to the extent it improves the operating efficiency of any system within the Leased Premises and thereby reduces Operating Expenses, provided that, prior to installing any such device or equipment, Lessor will inform Lessee of such installation and the estimated cost savings and Lessor and Lessee must reasonably agree upon the estimated cost savings before agreeing to such installation. The term Operating Expenses does not include the following: expenses incurred to maintain the roof, foundation and structural soundness of the exterior walls of the Building; expenses incurred should the entire roof the Building need to be replaced; expenses to bring the Building into compliance with applicable law such as the ADA and Environmental Laws, expenses incurred to ▇▇▇▇▇ or remove any Hazardous Substance in the Building that was placed there by Lessor, income and franchise taxes of Lessor; expenses incurred in leasing to or procuring of lessees, leasing commissions, advertising expenses and expenses for the renovating of space for new lessees; interest or principal payments on any mortgage or other indebtedness of lessor; compensation paid to any employee of Lessor other than maintenance and property management personnel to the extent these services are directly associated with the operation and maintenance of the Building; any depreciation allowance or expense (except for depreciation of capital improvements and equipment specifically included within the definition of Operating Expenses); or operating expenses which are the responsibility of Lessee or any other lessee of the Building; or expenses (herein called "Defect Expenses") incurred as a result of or caused by latent defects, punch list items, or Lessor's failure to construct the Shell Building Improvements or Lessee Improvements in accordance with the requirements of this Lease and substantially in accordance with the Final Shell Plans and Specifications and Lessee Improvements Final Plans and Specifications as provided herein (such items being herein called "Defects"); and/or operating expenses otherwise caused by or resulting from Lessor's breach of its obligations under the Lease.

Appears in 3 contracts

Sources: Commercial Lease (American Telesource International Inc), Commercial Lease (American Telesource International Inc), Commercial Lease (Globalscape Inc)

Definition of Operating Expenses. The term "Operating Expensesoperating expenses" includes all expenses incurred by Lessor with respect to the maintenance and operation of the Building (except for items described below) and includesbuilding of which the leased premises are a part, including, but is not limited to, the following: maintenance, repair and replacement costs; security; management fees, wages and benefits payable to employees of Lessor to the extent their whose duties are directly connected with the operation and maintenance of the Buildingbuilding; management fees, all services, utilities for common areasutilities, supplies, repairs, replacement replacements or other expenses for maintaining and operating the common parking and plaza areas; the cost, amortized over its useful life, of any expense required to be capitalized under GAAP principles other than capital improvements; the costincluding interest, amortized over its useful life, of any capital improvement made to the Building building by Lessor after the date of this Lease, if Lease which is required under any governmental law or regulation other than improvements made that was not applicable to the Building to effect compliance with building at the Americans With Disabilities Act (time it was constructed; the "ADA") or as otherwise set forth herein, which capital improvements must be of mutual benefit to all tenants of the Building; and the costcost including interest, amortized over its useful life, of installation of any device or other equipment to the extent it which improves the operating efficiency of any system within the Leased Premises leased premises and thereby reduces Operating Expensesoperating expenses; all other expenses which would generally be regarded as operating and maintenance expenses which would reasonably be amortized over period not to exceed five years; all real property taxes and installments of special assignments, provided thatincluding dues and assessments by means of deed restrictions and/or owners' associations which accrue against the building of which the leased premises are a part during the term of its Lease; and all insurance premiums Lessor is required to pay or deems necessary to pay, prior including public liability insurance, with respect to installing any such device or equipment, Lessor will inform Lessee of such installation and the estimated cost savings and Lessor and Lessee must reasonably agree upon the estimated cost savings before agreeing to such installationbuilding. The term Operating Expenses operating expenses does not include the following: expenses incurred to maintain repairs, restoration or other work occasioned by fire, wind, the roof, foundation and structural soundness of the exterior walls of the Buildingelements or other casualty; expenses incurred should the entire roof the Building need to be replaced; expenses to bring the Building into compliance with applicable law such as the ADA and Environmental Laws, expenses incurred to ▇▇▇▇▇ or remove any Hazardous Substance in the Building that was placed there by Lessor, income and franchise taxes of Lessor; expenses incurred in leasing to or procuring of lessees, leasing commissions, advertising expenses and expenses for the renovating of space for new lessees; interest or principal payments on any mortgage or other indebtedness of lessor; compensation paid to any employee of Lessor other than maintenance and above the grade of property management personnel to the extent these services are directly associated with the operation and maintenance of the Buildingmanager; any depreciation allowance or expense (except for depreciation of capital improvements and equipment specifically included within the definition of Operating Expenses)expense; or operating expenses expense which are the responsibility of Lessee or any other lessee of the Building; or expenses (herein called "Defect Expenses") incurred as a result of or caused by latent defects, punch list items, or Lessor's failure to construct the Shell Building Improvements or Lessee Improvements in accordance with the requirements of this Lease and substantially in accordance with the Final Shell Plans and Specifications and Lessee Improvements Final Plans and Specifications as provided herein (such items being herein called "Defects"); and/or operating expenses otherwise caused by or resulting from Lessor's breach of its obligations under the LeaseLessee.

Appears in 1 contract

Sources: Commercial Lease (Learningstar Inc)

Definition of Operating Expenses. The term "Operating Expensesoperating expenses" includes all expenses incurred by Lessor with respect to the maintenance and operation of the Building (except for items described below) and includesbuilding of which the leased premises are a part, including, but is not limited to, the following: maintenance, repair and replacement costs; security; management fees, wages and benefits payable to employees of Lessor to the extent their whose duties are directly connected with the operation and maintenance of the Buildingbuilding; management fees, all services, utilities for common areasutilities, supplies, repairs, replacement replacements or other expenses for maintaining and operating the common parking and plaza areas; the cost, amortized over its useful life, of any expense required to be capitalized under GAAP principles other than capital improvements; the costincluding interest, amortized over its useful life, of any capital improvement made to the Building building by Lessor after the date of this Lease, if Lease which is required under any governmental law or regulation other than improvements made that was not applicable to the Building to effect compliance with building at the Americans With Disabilities Act (the "ADA") or as otherwise set forth herein, which capital improvements must be of mutual benefit to all tenants of the Building; and time it was constructed: the cost, including interest, amortized over its useful life, of installation of any device or other equipment to the extent it which improves the operating efficiency of any system within the Leased Premises leased premises and thereby reduces Operating Expensesoperating expenses; all other expenses which would generally be regarded as operating and maintenance expenses which would reasonably be amortized over a period not to exceed five years; all real property taxes and installments of special assessment, provided thatincluding dues and assessments by means of deed restrictions and/or owners' associations which accrue against the building of which the leased premises are a part during the term of this Lease; and all insurance premiums Lessor is required to pay or deems necessary to pay, prior including public liability insurance, with respect to installing any such device or equipment, Lessor will inform Lessee of such installation and the estimated cost savings and Lessor and Lessee must reasonably agree upon the estimated cost savings before agreeing to such installationbuilding. The term Operating Expenses operating expenses does not include the following: expenses incurred to maintain ; repairs. restoration or other work occasioned by fire, wind, the roof, foundation and structural soundness of the exterior walls of the Buildingelements or other casualty; expenses incurred should the entire roof the Building need to be replaced; expenses to bring the Building into compliance with applicable law such as the ADA and Environmental Laws, expenses incurred to ▇▇▇▇▇ or remove any Hazardous Substance in the Building that was placed there by Lessor, income and franchise taxes of Lessor; expenses incurred in leasing to or procuring of lessees, leasing commissions, advertising expenses and expenses for the their renovating of space for new lesseeslessee; interest or principal payments on any mortgage or other indebtedness of lessorLessor; compensation paid to any employee of Lessor other than maintenance and above the grade of property management personnel to the extent these services are directly associated with the operation and maintenance of the Buildingmanager; any depreciation allowance or expense (except for depreciation of capital improvements and equipment specifically included within the definition of Operating Expenses)expense; or operating expenses which are the responsibility of Lessee or any other lessee of the Building; or expenses (herein called "Defect Expenses") incurred as a result of or caused by latent defects, punch list items, or Lessor's failure to construct the Shell Building Improvements or Lessee Improvements in accordance with the requirements of this Lease and substantially in accordance with the Final Shell Plans and Specifications and Lessee Improvements Final Plans and Specifications as provided herein (such items being herein called "Defects"); and/or operating expenses otherwise caused by or resulting from Lessor's breach of its obligations under the LeaseLessee.

Appears in 1 contract

Sources: Standard Commercial Lease (Industrial Data Systems Corp)

Definition of Operating Expenses. The term "Operating Expensesoperating expenses" includes all expenses incurred by Lessor with respect to the maintenance and operation of the Building (except for items described below) and includesbuilding of which the leased premises are a part, including, but is not limited to, the following: maintenance, repair and replacement costs; security; management fees, wages and benefits payable to employees of Lessor to the extent their whose duties are directly connected with the operation and maintenance of the Buildingbuilding; management fees, all services, utilities for common areasutilities, supplies, repairs, replacement replacements, or other expenses for maintaining and operating the common parking and plaza areas; the cost, amortized over its useful life, of any expense required to be capitalized under GAAP principles other than capital improvements; the costincluding interest, amortized over its useful life, of any capital improvement made to the Building building by Lessor after the date of this Lease, if Lease which is required under any governmental law or regulation other than improvements made that was not applicable to the Building to effect compliance with building at the Americans With Disabilities Act (the "ADA") or as otherwise set forth herein, which capital improvements must be of mutual benefit to all tenants of the Buildingtime it was constructed; and the cost, including interest, amortized over its useful life, of installation of any device or other equipment to the extent it which improves the operating efficiency of any system within the Leased Premises leased premises and thereby reduces Operating Expensesoperating expenses; all other expenses which would generally be regarded as operating and maintenance expenses which would reasonably be amortized over a period not to exceed five years; all real property taxes and installments of special assessments, provided thatincluding dues and assessments by means of deed restrictions and/or owners' associations which accrue against the building of which the leased premises are a part during the term of this Lease; and all insurance premiums Lessor is required to pay or deems necessary to pay, prior including public liability insurance, with respect to installing any such device or equipment, Lessor will inform Lessee of such installation and the estimated cost savings and Lessor and Lessee must reasonably agree upon the estimated cost savings before agreeing to such installationbuilding. The term Operating Expenses operating expenses does not include the following: expenses incurred to maintain repairs, restoration or other work occasioned by fire, wind, the roof, foundation and structural soundness of the exterior walls of the Buildingelements or other casualty; expenses incurred should the entire roof the Building need to be replaced; expenses to bring the Building into compliance with applicable law such as the ADA and Environmental Laws, expenses incurred to ▇▇▇▇▇ or remove any Hazardous Substance in the Building that was placed there by Lessor, income and franchise taxes of Lessor; expenses incurred in leasing to or procuring of lessees, leasing commissions, advertising expenses and expenses for the renovating of space for new lessees; interest or principal payments on any mortgage or other indebtedness of lessorLessor; compensation paid to any employee of Lessor other than maintenance and above the grade of property management personnel to the extent these services are directly associated with the operation and maintenance of the Buildingmanager; any depreciation allowance or expense (except for depreciation of capital improvements and equipment specifically included within the definition of Operating Expenses)expense; or operating expenses which are the responsibility of Lessee or any other lessee of the Building; or expenses (herein called "Defect Expenses") incurred as a result of or caused assumed hereunder by latent defects, punch list items, or Lessor's failure to construct the Shell Building Improvements or Lessee Improvements in accordance with the requirements of this Lease and substantially in accordance with the Final Shell Plans and Specifications and Lessee Improvements Final Plans and Specifications as provided herein (such items being herein called "Defects"); and/or operating expenses otherwise caused by or resulting from Lessor's breach of its obligations under the LeaseLessee.

Appears in 1 contract

Sources: Commercial Lease (Intelect Communications Systems LTD)