Common use of Exclusions from Operating Expenses Clause in Contracts

Exclusions from Operating Expenses. Operating expenses shall not ---------------------------------- include: (i) depreciation or amortization (except as provided above in Section 4.1); (ii) interest on and amortization of debts (except as provided above in Section 4.1); (iii) leasehold improvements made for new tenants of the Building; (iv) leasing commissions, attorneys' fees, costs and disbursements and other expenses (including advertising) incurred in connection with leasing, renovating, or improving space for tenants or other occupants or prospective tenants or occupants of the Building; (v) refinancing costs; (vi) the cost of any work or services performed for any occupants of any leased space in the Building (including Tenant), whether at the expense of Landlord or such occupants, to the extent that such work or services is in excess of the work or services which Landlord, at its expense, is required to furnish to Tenant under this Lease; (vii) the cost of any electricity furnished to the Premises or any other leased space in the Building in excess of the electricity to be provided by Landlord under this Lease; (viii) damages recoverable by any occupant due to violation by Landlord of any of the terms and conditions of this Lease or any other lease relating to the Building; (ix) repairs occasioned by fire, windstorm or other casualty, to the extent such repairs are paid for by insurance proceeds; and (x) capital repairs and replacements (except as provided above in Section 4.1).

Exclusions from Operating Expenses. Notwithstanding the foregoing, the term "Operating expenses Expenses" shall not ---------------------------------- include: include (i) Real Estate Taxes, (ii) depreciation or amortization on the Premises, (iii) capital improvements (except as provided above in Section 4.1clause (x) above); , (iiiv) interest on real estate brokers' commissions, executive salaries (exclusive of fees paid for management activities), (v) attorneys' fees and amortization of debts court costs (except as provided above in Section 4.1clause (xiii) above); (iii) leasehold improvements made for new tenants of the Building; (iv) leasing commissions, attorneys' fees, costs and disbursements and other expenses (including advertising) incurred in connection with leasing, renovating, or improving space for tenants or other occupants or prospective tenants or occupants of the Building; (v) refinancing costs; (vi) the cost of any work or services performed for any occupants of any leased space in the Building (including Tenant)voluntary exterior window replacements, whether at the expense of Landlord or such occupants, to the extent that such work or services is in excess of the work or services which Landlord, at its expense, is required to furnish to Tenant under this Lease; (vii) the cost of any electricity furnished to the Premises or any principal and interest payments on loans and ground lease payments and other leased space in the Building in excess of the electricity to be provided by Landlord under this Lease; similar finance charges, (viii) damages recoverable repairs or other work occasioned by any occupant the exercise of the power of eminent domain, (ix) costs incurred due to Landlord's violation by Landlord of any of the terms and conditions of this Lease or of any other lease relating to the Building; (ix) repairs occasioned by firelaw, windstorm or other casualtystatute, to the extent such repairs are paid for by insurance proceeds; and ordinance, (x) capital expenses for which Landlord is fully compensated or reimbursed by insurance or by any other party, (xi) cost of repairs and replacements or other work occasioned by a Casualty Loss (as that term is defined in Section 11.1 hereof), (xii) Landlord's general overhead and/or administrative expenses, (xiii) except as otherwise expressly provided above in Section 4.1)this Lease, any cost or other expense incurred with respect to the investigation, removal, remediation, containment, clean-up, or other response associated with or pertaining to the actual or alleged presence of Hazardous Materials at, on, beneath, or in the vicinity of the Premises or to the actual or threatened release of Hazardous Materials at, on, beneath, or in the vicinity of the Premises, (xiv) any costs paid to any affiliate of Landlord which is in excess of the amount which would be paid absent such relationship, and (xv) costs incurred in connection with any financing or refinancing of the Premises by Landlord.

Exclusions from Operating Expenses. Notwithstanding the foregoing, “Operating expenses Expenses” shall not ---------------------------------- includeexclude or have deducted from them, as the case may be and shall be appropriate: (i) depreciation 1. Commissions payable to any real-estate broker for the leasing of space; 2. Costs to cure defects in the workmanship or amortization (except as provided above in Section 4.1); (ii) interest on and amortization of debts (except as provided above in Section 4.1); (iii) leasehold improvements made for new tenants materials of the Building; (iv) leasing commissions, attorneys' Work Items to be performed by the Landlord; 3. Costs for any work performed by Landlord for and at the expense of any other tenant; 4. Interest or penalties for overdue payment of taxes to the extent Landlord has received sufficient funds from tenants to pay such taxes; 5. Costs to Landlord for repairs made as a result of a casualty or condemnation to the extent that the Landlord receives casualty and condemnation proceeds from a third party; 6. Attorney’s fees, costs and disbursements and other expenses (including advertising) incurred by Landlord in connection with leasing, renovating, the enforcement of the obligations of any other tenant or improving space for tenants or other occupants negotiation of disputes with existing or prospective tenants or occupants tenants; 7. Costs of the Building; (v) refinancing costs; (vi) the cost of any work or services tenant improvements performed by Landlord for any occupants of any leased space in the Building (including Tenant), whether at the expense of other tenants; 8. Costs incurred by Landlord or such occupants, due to the extent that such work or services is in excess of the work or services which Landlord, at its expense, is required to furnish to Tenant under this Lease; (vii) the cost of any electricity furnished to the Premises or any other leased space in the Building in excess of the electricity to be provided by Landlord under this Lease; (viii) damages recoverable by any occupant due to violation by Landlord of any of the terms and conditions of this Lease the Lease; 9. Interest or other costs associated with Landlord’s financing of the property or any other lease relating to portion thereof; and 10. Executive’s salaries above the Building; (ix) repairs occasioned by fire, windstorm or other casualty, to the extent such repairs are paid for by insurance proceeds; and (x) capital repairs and replacements (except as provided above in Section 4.1)grade of property manager.

Exclusions from Operating Expenses. Operating expenses shall not ---------------------------------- include: (i) depreciation or amortization (except as provided above in Section 4.1); (ii) interest on and amortization of debts (except as provided above in Section 4.1); (iii) leasehold improvements made for new tenants of the Building; (iv) leasing commissions, attorneys' fees, costs and disbursements and other expenses (including advertising) incurred in connection with leasing, renovating, or improving space for tenants or other occupants or prospective tenants or occupants of the Building; (v) refinancing costs; (vi) the cost of any work or services performed for any occupants tenant(s) of any leased space in the Building (including Tenant), whether at the expense of Landlord or such occupantstenant(s), to the extent that such work or services is in excess of the work or services which Landlord, at its expense, is required to furnish to Tenant under this LeaseLease with Tenant; (vii) the cost of any electricity furnished to the Premises or any other leased space in the Building leased to tenants in excess of the electricity to be provided by Landlord under this LeaseLease with Tenant; (viii) damages recoverable by any occupant tenant due to violation by Landlord of any of the terms and conditions of this Lease or any other lease relating to the Building; (ix) repairs occasioned by fire, windstorm or other casualty, to the extent such repairs are paid for by insurance proceeds; and (x) capital repairs and replacements (except as provided above in Section 4.1).

Exclusions from Operating Expenses. Notwithstanding any provision in Section 7.7 to the contrary, Landlord's Operating expenses Expenses shall not ---------------------------------- include: : (ia) depreciation or amortization (except as provided above in Section 4.1)brokerage fees and/or commissions, advertising expenses and expenses for leasing and renovating rentable space for tenants; (iib) interest on water, sewer, gas and amortization electricity charges separately paid or reimbursed to Landlord by any tenant of debts (except as provided above in Section 4.1)the Building, including charges attributable to HVAC operation for Tenant or other tenants of the Property outside of normal business hours; (iiic) leasehold improvements made compensation and benefits payable to employees to the extent not directly attributable to the Property, (d) expenses for new tenants painting, redecorating or other work which Landlord, at its sole expense is required to perform exclusively for Tenant or for any other tenant in leased areas of the Building; (ive) leasing commissions, attorneys' fees, costs and disbursements and other expenses (including advertising) incurred in connection with leasing, renovating, or improving space for tenants or other occupants or prospective tenants or occupants of the Building; (v) refinancing costs; (vi) the cost of any work or services performed for any occupants of any leased space in the Building (including Tenant), whether at the expense of Landlord or such occupants, off-site improvements to the extent that such work or services is in excess unrelated to operation of the work or services which Landlord, at its expense, is required to furnish to Tenant under this LeaseProperty; (viif) the cost of any electricity furnished capital expenses attributable to the Premises or any other leased space in expansion of the rentable area of the Building in excess and the Property; (g) any capital improvements to the extent not amortized over the useful life of the electricity to be provided by Landlord under improvement in accordance with this LeaseSection 7.8 above; (viiih) damages recoverable by any occupant due to violation by Landlord of any of the terms and conditions of this Lease expenses for repairs or any other lease relating to the Building; (ix) repairs work occasioned by fire, windstorm or other casualty, insured casualty to the extent such repairs are of insurance proceeds received by Landlord therefor; (i) legal expenses in negotiating and enforcing the terms of any tenant lease; U) interest and amortization payments on any mortgage or mortgages, and rental under any ground or underlying lease or leases; (k) expenses for restoration of the Building required as a result of a condemnation to the extent of the award received by Landlord; (I) the cost of special services separately paid for by insurance proceeds; and (x) capital repairs and replacements (except as provided above particular tenants in Section 4.1)the Building.

Exclusions from Operating Expenses. Notwithstanding the foregoing, the term "Operating expenses Expenses" shall not ---------------------------------- include: include (i1) Real Estate Taxes, (ii) depreciation or amortization on the Premises, (iii) capital improvements (except as provided above in Section 4.1clause (x) above); , (iiiv) interest on real estate brokers' commissions, executive salaries (exclusive of fees paid for management activities), (v) attorneys' fees and amortization of debts court costs (except as provided above in Section 4.1clause (xiii) above); (iii) leasehold improvements made for new tenants of the Building; (iv) leasing commissions, attorneys' fees, costs and disbursements and other expenses (including advertising) incurred in connection with leasing, renovating, or improving space for tenants or other occupants or prospective tenants or occupants of the Building; (v) refinancing costs; (vi) the cost of any work or services performed for any occupants of any leased space in the Building (including Tenant)voluntary exterior window replacements, whether at the expense of Landlord or such occupants, to the extent that such work or services is in excess of the work or services which Landlord, at its expense, is required to furnish to Tenant under this Lease; (vii) the cost of any electricity furnished to the Premises or any principal and interest payments on loans and ground lease payments and other leased space in the Building in excess of the electricity to be provided by Landlord under this Lease; similar finance charges, (viii) damages recoverable repairs or other work occasioned by any occupant the exercise of the power of eminent domain, (ix) costs incurred due to Landlord's violation by Landlord of any of the terms and conditions of this Lease or of any other lease relating to the Building; (ix) repairs occasioned by firelaw, windstorm or other casualtystatute, to the extent such repairs are paid for by insurance proceeds; and ordinance, (x) capital expenses for which Landlord is fully compensated or reimbursed by insurance or by any other party, (xi) cost of repairs and replacements or other work occasioned by a Casualty Loss (as that term is defined in Section 11.1 hereof), (xii) Landlord's general overhead and/or administrative expenses, (xiii) except as otherwise expressly provided above in Section 4.1)this Lease, any cost or other expense incurred with respect to the investigation, removal, remediation, containment, clean-up, or other response associated with or pertaining to the actual or alleged presence of Hazardous Materials at, on, beneath, or in the vicinity of the Premises or to the actual or threatened release of Hazardous Materials at, on, beneath, or in the vicinity of the Premises, (xiv) any costs paid to any affiliate of Landlord which is in excess of the amount which would be paid absent such relationship, and (xv) costs incurred in connection with any financing or refinancing of the Premises by Landlord.