Common use of Items Included in Operating Expenses Clause in Contracts

Items Included in Operating Expenses. The term "Operating Expenses" as used in the Lease to which this Exhibit "E" is attached means: all costs and expenses of operation and maintenance of the Building and the Premises (as such terms are defined in the Lease), as determined by standard accounting practices, including the following costs by way of illustration but not limitation, but excluding those items specifically set forth in Paragraph 3 below: (a) Real Property Taxes and Assessments (as defined in Paragraph 2 below) and any taxes or assessments imposed in lieu thereof; (b) any and all assessments imposed with respect to the Building pursuant to any covenants, conditions and restrictions affecting the Premises or the Building; (c) water and sewer charges and the costs of electricity and other utilities; (d) utilities surcharges and any other costs, levies or assessments resulting from statutes or regulations promulgated by any government or quasi-government authority in connection with the use, occupancy or alteration of the Building or the Premises or the parking facilities serving the Building or the Premises; (e) costs of insurance obtained by Landlord pursuant to Paragraph 18 of the Lease;(f) waste disposal; (g) security; (h) third party management costs incurred by Landlord in connection with Landlord's performance of its obligations under the Lease in amounts consistent with management fees charged by other providers for similar services provided to commercial office buildings which are located in the general area of the Premises, including, without limitation: (i) supplies, and (ii) wages and salaries (and payroll taxes and similar governmental charges related thereto) of employees; (i) supplies, materials, equipment and tools including rental of personal property used for maintenance; (j) maintenance, costs and upkeep of all parking and other areas of the Premises; (k) depreciation on a straight line basis and rental of personal property used in maintenance; (l) amortization on a straight line basis over the useful life together with interest at the Interest Rate on the unamortized balance of all capitalized expenditures which are: (i) reasonably intended to produce a reduction in operating charges or energy consumption; or (ii) required under any governmental law or regulation that was not applicable to the Premises at the time it was originally constructed; or (iii) for replacement of any Premises equipment needed to operate the Premises at the same quality levels as prior to the replacement; (m) costs and expenses of gardening and landscaping; (n) maintenance of Tenant signage; (o) reasonable accounting, audit, verification, legal (other than legal fees incurred by Landlord in connection with a dispute in which Tenant is the prevailing party) and other consulting fees incurred in connection with this Lease; and (p) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items.

Items Included in Operating Expenses. The term "Operating Expenses" as used in the Lease to which this Exhibit "E" is attached means: all costs and expenses of operation and maintenance of the Building and the Premises Common Areas (as such terms are defined in the Lease), as determined by standard accounting practices, calculated assuming the Building is ninety-five percent (95%) occupied, including the following costs by way of illustration but not limitation, but excluding those items specifically set forth in Paragraph 3 below: (a) Real Property Taxes and Assessments (as defined in Paragraph PARAGRAPH 2 below) and any taxes or assessments imposed in lieu thereof; (b) any and all assessments imposed with respect to the Building pursuant to any covenants, conditions and restrictions affecting the Premises Development, the Common Areas or the Building; (c) water and sewer charges and the costs of electricity electricity, heating, ventilating, air conditioning and other utilities; (d) utilities surcharges and any other costs, levies or assessments resulting from statutes or regulations promulgated by any government or quasi-government authority in connection with the use, occupancy or alteration of the Building or the Premises or the parking facilities serving the Building or the Premises; (e) costs of insurance obtained by Landlord pursuant to Paragraph 18 PARAGRAPH 19 of the Lease;(fLease; (f) waste disposaldisposal and janitorial services; (g) security; (h) third party management labor; (i) costs incurred by Landlord in connection with Landlord's performance of its obligations under the Lease in amounts consistent with management fees charged by other providers for similar services provided to commercial office buildings which are located in the general area management of the PremisesBuilding, including, without limitation: (i) supplies, and (ii) wages and salaries (and payroll taxes and similar governmental charges related thereto) of employeesemployees used in the management, operation and maintenance of the Building, (iii) Building management office rental, supplies, equipment and related operating expenses, and (iv) a management/administrative fee determined as a percentage of the annual gross revenues of the Building exclusive of the proceeds of financing or a sale of the Building and an administrative fee for the management of the Development Common Area determined as a percentage of Development Common Area Operating Expenses; (ij) supplies, materials, equipment and tools including rental of personal property used for maintenance; (jk) repair and maintenance of the elevators and the structural portions of the Building, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (l) maintenance, costs and upkeep of all parking and other areas of the PremisesDevelopment Common Areas; (km) depreciation on a straight line basis and rental of personal property used in maintenance; (ln) amortization on a straight line basis over the useful life [together with interest at the Interest Rate on the unamortized balance balance] of all capitalized expenditures which are: (i) reasonably intended to produce a reduction in operating charges or energy consumption; or (ii) required under any governmental law or regulation that was not applicable to the Premises Building at the time it was originally constructed; or (iii) for replacement of any Premises Building equipment needed to operate the Premises Building at the same quality levels as prior to the replacement; (mo) costs and expenses of gardening and landscaping; (np) maintenance of Tenant signagesigns (other than signs of tenants of the Building); (oq) personal property taxes levied on or attributable to personal property used in connection with the Building or the Common Areas; (r) reasonable accounting, audit, verification, legal (other than legal fees incurred by Landlord in connection with a dispute in which Tenant is the prevailing party) and other consulting fees incurred in connection with this Leasefees; and (ps) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves. When calculating Operating Expenses for purposes of establishing Tenant's Operating Expense Allowance, Operating Expenses shall not include Real Property Taxes and Assessments attributable to special assessments, charges, costs, or fees or due to modifications or changes in governmental laws or regulations including, but not limited to, the institution of a split tax roll, and shall exclude market-wide labor-rate increases due to extraordinary circumstances including, but not limited to, boycotts and strikes and utility increases due to extraordinary circumstances including, but not limited to, conservation surcharges, boycotts, embargoes or other shortages.

Items Included in Operating Expenses. The term "“Operating Expenses" ” as used in the Lease to which this Exhibit "E" is attached means: all costs and expenses of operation and maintenance of the Building and the Premises (as such terms are defined in the Lease)Project, as determined by standard accounting practices, including the following costs by way of illustration but not limitation, but excluding those items specifically set forth in Paragraph 3 below: (a) Real Property Taxes and Assessments (as defined in Paragraph 2 Subparagraph (ii) below) and any taxes or assessments imposed in lieu thereof; (b) any and all assessments imposed with respect to the Building pursuant to any covenants, conditions and restrictions affecting the Premises Project, the Common Areas or the Building; (c) water and sewer charges and the costs of electricity electricity, heating, ventilating, air conditioning and other utilities; (d) utilities surcharges and any other costs, levies or assessments resulting from statutes or regulations promulgated by any government or quasi-government authority in connection with the use, occupancy or alteration of the Building or the Premises premises or the parking facilities serving the Building or the Premises; (e) costs of insurance obtained by Landlord pursuant Lessor to Paragraph 18 insure the Project against such perils as Lessor and/or any lender with a lien on the Project may require, provided that if coverage is obtained in a year subsequent to the Tenant’s Base Year that was not carried in Tenant’s Base Year, Operating Expenses in Tenant’s Base Year shall be increased by the cost of such coverage for the Lease;(ffirst year in which it is obtained; (f) waste disposaldisposal and janitorial services; (g) security; (h) third party management costs incurred by Landlord in connection with Landlord's performance of its obligations under the Lease in amounts consistent with management fees charged by other providers for similar services provided to commercial office buildings which are located in the general area management of the PremisesBuilding, including, without limitation: ; (iA) supplies, and (iiB) wages and salaries (and payroll taxes and similar governmental charges related thereto) of employeesemployees below the level of building manager directly engaged in the operation and maintenance of the Building, (C) Building management office rental, supplies, equipment and related operating expenses, and (D) a management/administrative fee determined as a percentage of the annual gross revenues of the Building, not to exceed 3%; (ij) supplies, materials, equipment and tools including rental of personal property used for maintenance; (jk) repair and maintenance of the Building systems, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Lessor, (l) maintenance, costs and upkeep of all parking and other areas of the PremisesProject common areas; (km) depreciation on a straight line basis and rental of personal property used in maintenance; (ln) amortization on a straight line basis over the useful life [together with interest at the Interest Rate on rate incurred by Lessor in connection with the unamortized balance capitalized expenditure] of all capitalized expenditures which are: (i) reasonably intended to produce a reduction in operating charges or energy consumption, but not to exceed the reduction achieved; or (ii) required under any governmental law or regulation that was not applicable to the Premises at Building on the time it was originally constructedCommencement Date; or (iii) for replacement of any Premises Building equipment needed to operate the Premises Building at the same quality levels as prior to the replacementreplacement provided that the equipment being replaced was not theretofore depreciated; (mo) costs and expenses of gardening and landscaping; (np) maintenance of Tenant signagesigns (other than signs of tenants of the Building); (oq) personal property taxes levied on or attributable to personal property used in connection with the Building or the Common Areas; (r) reasonable accountingaccounting , audit, verification, legal (other than legal fees incurred by Landlord in connection with a dispute in which Tenant is the prevailing party) and other consulting fees incurred in connection with this Lease; fees, and (ps) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves.

Items Included in Operating Expenses. The term "“Operating Expenses" ” as used in the Lease to which this Exhibit "“E" ” is attached means: all costs and expenses of operation operation, maintenance and maintenance repair of the Building and the Premises Common Areas (as such terms are defined in the Lease), as determined by standard accounting practices, calculated assuming the Building is ninety-five percent (95%) occupied, including the following costs by way of illustration but not limitation, but excluding those items specifically set forth in Paragraph 3 below: (a) Real Property Taxes and Assessments (as defined in Paragraph 2 below) and any taxes or assessments imposed in lieu thereof; (b) any and all assessments imposed with respect to the Building pursuant to any covenants, conditions and restrictions affecting the Premises Building, the Common Areas or the Building; (c) water and sewer charges and the costs of electricity electricity, heating, ventilating, air conditioning and other utilities; (d) utilities surcharges and any other costs, levies or assessments resulting from statutes or regulations promulgated by any government or quasi-government authority in connection with the use, occupancy or alteration of the Building or the Premises premises or the parking facilities serving the Building or the Premises; (e) costs of insurance obtained by Landlord Lessor pursuant to Paragraph 18 19 of the Lease;(fLease; (f) waste disposaldisposal and janitorial services; (g) security; (h) third party management labor; (i) costs incurred by Landlord in connection with Landlord's performance of its obligations under the Lease in amounts consistent with management fees charged by other providers for similar services provided to commercial office buildings which are located in the general area management of the PremisesBuilding, including, without limitation: ; (i) supplies, and (ii) wages and salaries (and payroll taxes and similar governmental charges related thereto) of employeesemployees used in the management, operation and maintenance of the Building, (iii) Building management office rental, supplies, equipment and related operating expenses, and (iv) a management/administrative fee determined as a percentage of the annual gross revenues of the Building exclusive of the proceeds of financing or a sale of the Building and an administrative ▇▇▇ for the management of the Building Common Area determined as a percentage of Building Common Area Operating Expenses; (ij) supplies, materials, equipment and tools including rental of personal property used for maintenance; (jk) repair and maintenance of the elevators and the structural portions of the Building, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Lessor; (l) maintenance, costs and upkeep of all parking and other areas of the PremisesBuilding Common areas; (km) depreciation on a straight line basis and rental of personal property used in maintenance; (ln) amortization on a straight line basis over the useful life [together with interest at the Interest Rate on the unamortized balance balance] of all capitalized expenditures which are: (i) reasonably intended to produce a reduction in operating charges or energy consumption; or (ii) required under any governmental law or regulation that was not applicable to the Premises Building at the time it was originally constructed; or (iii) for replacement of any Premises Building equipment needed to operate the Premises Building at the same quality levels as prior to the replacement; (mo) costs and expenses of gardening and landscaping; (np) maintenance of Tenant signagesigns (other than signs of Lessees of the Building); (oq) personal property taxes levied on or attributable to personal property used in connection with the Building or the Common Areas; (r) reasonable accounting, audit, verification, legal (other than legal fees incurred by Landlord in connection with a dispute in which Tenant is the prevailing party) and other consulting fees incurred in connection with this Lease; and fees, (ps) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves, and (t) rental of personal property used in maintenance. When calculating Operating Expenses for purposes of establishing Lessee’s Base Operating Expenses and Real Property Taxes, Operating Expenses shall not include Real Property Taxes and Assessments attributable to special assessments, charges, costs, or fees or due to modifications or changes in governmental laws or regulations including, but not limited to, the institution of a split tax roll, and shall exclude market-wide labor-rate increases due to extraordinary circumstances including, but not limited to, boycotts and strikes and utility increases due to extraordinary circumstances including, but not limited to, conservation surcharges, boycotts, embargoes or other shortages.