Common use of Operating and Maintenance Costs Clause in Contracts

Operating and Maintenance Costs. To pay to the Lessor, in the manner provided in this Paragraph 11, an amount calculated by the Lessor that is equal to the Lessee's proportionate share of the general operating and maintenance costs of the lands and building of which the demised premises form a part during the term of this Lease. For the purposes of this Lease general operating and maintenance costs means all costs, charges, and expenses chargeable against income and incurred, approved, or attributed by the Lessor to operate, service, maintain, clean, supervise, police, replace and repair, and keep in good order and safe condition the lands and the building of which the demised premises form a part and structures or improvements thereon, including, without limiting the generality of the foregoing: - The cost of gas, oil, power, water, sewer, communications and all other utilities and services, together with the direct cost of administering such utility services; provided that non exclusive utility costs may at the discretion of the Lessor in cases where, in the opinion of the Lessor, the consumption of utility is heavier in one or more rentable premises by reason of the business carried on in such premises, be allocated on a user basis; - The cost of servicing and maintaining all heating, air conditioning, ventilation, elevators, plumbing, electrical (including light fixtures) and other machinery and equipment and at the option of the Lessor, either the cost of depreciation at rates in conformity with generally accepted accounting principles upon all such machinery and equipment and all other fixtures which by their nature require periodic replacement or substantial replacement, or the cost of replacement of same; - The cost of all business, machinery or other taxes, charges and license fees which are not directly levied against or payable by any tenants of the Building individually; - The cost of cleaning, and removing garbage from the leased premises and the cost of all supplies, labour, wages (including statutory or usual fringe benefits), and fees of independent contractors relating thereto; - The cost of cleaning, and removing snow and garbage from, servicing, maintaining, operating, repairing, supervising, policing and securing the Building, including the cost of all supplies, labour, wages (including statutory or usual fringe benefits) and fees of independent contractors relating thereto; - The cost of operating and replacing a public address system, background music, information kiosk, directory boards, and the net cost of operating and the cost of replacing public telephones and information facilities; - The cost of operating and maintaining the Building identification sign(s) and general building signage excluding only the signs paid for directly by the Lessee; - The cost of interest on the capital cost of all cleaning and maintenance equipment owned by the Lessor calculated at rates charged from time to time to borrowers regarded as prime credit risks, together with the cost of depreciation on such equipment; - The direct cost of management, administration and book-keeping services at Five (5%) per cent of the total of the basic rent charged pursuant to paragraph 4 and the additional rent payable to the Lessor pursuant to paragraphs 7 to 12 hereof.

Operating and Maintenance Costs. To pay to the Lessor, in the manner provided in this Paragraph 11, an amount calculated by the Lessor that is equal to the Lessee's proportionate share of the general operating and maintenance costs of the lands and building of which the demised premises form a part during the term of this Lease. For the purposes of this Lease general operating and maintenance costs means all costs, charges, and expenses chargeable against income and incurred, approved, or attributed by the Lessor to operate, service, maintain, clean, supervise, police, replace and repair, and keep in good order and safe condition the lands and the building of which the demised premises form a part and structures or improvements thereon, including, without limiting the generality of the foregoing: - The cost of gas, oil, power, water, sewer, communications and all other utilities and services, together with the direct cost of administering such utility services; provided that non exclusive utility costs may at the discretion of the Lessor in cases where, in the opinion of the Lessor, the consumption of utility is heavier in one or more rentable premises by reason of the business carried on in such premises, be allocated on a user basis; - The cost of servicing and maintaining all heating, air conditioning, ventilation, elevators, plumbing, electrical (including light fixtures) and other machinery and equipment and at the option of the Lessor, either the cost of depreciation at rates in conformity with generally accepted accounting principles upon all such machinery and equipment and all other fixtures which by their nature require periodic replacement or substantial replacement, or the cost of replacement of same; - The cost of all business, machinery or other taxes, charges and license fees which are not directly levied against or payable by any tenants of the Building individually; - The cost of cleaning, and removing garbage from the leased premises and the cost of all supplies, labour, wages (including statutory or usual fringe benefits), and fees of independent contractors relating thereto; - The cost of cleaning, and removing snow and garbage from, servicing, maintaining, operating, repairing, supervising, policing and securing the Building, including the cost of all supplies, labour, wages (including statutory or usual fringe benefits) and fees of independent contractors relating thereto; - The cost of operating and replacing a public address system, background music, information kiosk, directory boards, and the net cost of operating and the cost of replacing public telephones and information facilities; - The cost of operating and maintaining the Building identification sign(s) and general building signage excluding only the signs paid for directly by the Lessee; - The cost of interest on the capital cost of all cleaning and maintenance equipment owned by the Lessor calculated at rates charged from time to time to borrowers regarded as prime credit risks, together with the cost of depreciation on such equipment; - The direct cost of management, administration and book-keeping services at Five (5%) per cent of the total of the basic rent charged pursuant to paragraph 4 and the additional rent payable to the Lessor pursuant to paragraphs 7 to 12 hereof.

Operating and Maintenance Costs. To pay Unless caused by Tenant’s misuse or neglect and subject to Tenant’s obligation to maintain and effect repairs, at the LessorTenant’s cost, as outlined in paragraph 4(e) herein entitled Tenant Repairs and Alterations and elsewhere as called for in the manner provided in this Paragraph 11, an amount calculated by the Lessor that is equal to the Lessee's proportionate share of the general operating and maintenance costs of the lands and building of which the demised premises form a part during the term of this Lease. For the purposes of this Lease general operating and maintenance costs means all costs, charges, and expenses chargeable against income and incurred, approved, or attributed by the Lessor to operate, service, maintain, clean, supervise, police, replace and repair, and keep in good order and safe condition the lands and the building of which the demised premises form a part and structures or improvements thereon, including, without limiting the generality of the foregoing: - The cost of gas, oil, power, water, sewer, communications and all other utilities and services, together with the direct cost of administering such utility services; provided that non exclusive utility costs may at the discretion of the Lessor in cases where, in the opinion of the Lessor, the consumption of utility is heavier in one or more rentable premises by reason of the business carried on in such premises, be allocated on a user basis; - The cost of servicing Landlord shall maintain and maintaining all heating, air conditioning, ventilation, elevators, plumbing, electrical (including light fixtures) and other machinery and equipment and at the option of the Lessor, either the cost of depreciation at rates in conformity with generally accepted accounting principles upon all such machinery and equipment and all other fixtures which by their nature require periodic replacement or substantial replacement, or the cost of replacement of same; - The cost of all business, machinery or other taxes, charges and license fees which are not directly levied against or payable by any tenants of the Building individually; - The cost of cleaning, and removing garbage from the leased premises and the cost of all supplies, labour, wages (including statutory or usual fringe benefits), and fees of independent contractors relating thereto; - The cost of cleaning, and removing snow and garbage from, servicing, maintaining, operating, repairing, supervising, policing and securing repair the Building, including the cost repair and replacement of all suppliesany Building components such as the roof as well as the foundations, labourstructural columns of the Building and mechanical, wages (including statutory or usual fringe benefits) electrical and fees other basic systems of independent contractors relating thereto; - The cost of operating and replacing a public address systemthe Building as well as perimeter fences, background music, information kiosk, directory boardsif applicable, and the net cost Landlord shall maintain, operate and manage to the standard of a high quality building, all the lands comprising the said Building including the parking areas and landscaped areas. The Tenant shall reimburse the Landlord its Proportionate Share for all costs related to the aforementioned repairs and replacements and for all other operating costs to maintain, operate and manage the Building and lands in such a manner. Such Tenant’s reimbursement for such costs shall hereinafter be called “Additional Rental for Operating Costs”. Subject to the Tenant Repairs and Alterations clause herein, the said operating costs shall include all the aforenoted costs and shall also include, but not be limited to, the amounts paid whether by the Landlord or others on behalf of the Landlord for complete maintenance services for the Building such as are in keeping with maintaining the standard of a high quality building and shall include all repairs and replacements required for such maintenance, including but not limited to the following: all grass cutting and removal and other landscaping costs including litter removal, parking lot maintenance and snow removal, the costs of policing and providing security and fire safety, all costs for removal of any debris including Hazardous Substances as later defined herein, maintenance of the exterior of the Building including roof repairs and maintenance, the costs of providing water and electricity or any other utility not otherwise chargeable directly to or payable by tenants, and any costs related to consumption of utilities (including but not limited to electricity, gas, water, oil, cable, etc.) or any costs incurred to investigate or to install any devices, systems or equipment designed to reduce the consumption of such utilities, service contracts with independent contractors, all amounts paid for wages, benefits, and other payments to janitors, caretakers and any other staff, to the extent they are directly involved in the maintenance and management of the Building, managerial fees (not to exceed 5% of total Rent (ie including both Minimum Rent and Additional Rent), all costs related to building measurements as well as costs to investigate and/or contest changes in zoning, by-laws or other regulatory issues which may affect the use or occupancy of the Building, supplies used in the maintenance of the Building, the cost of replacing public telephones and information facilities; - The cost heating, ventilating and/or air-conditioning the Building, including the common areas of operating and maintaining the Building identification sign(s) not directly chargeable to the Tenant and general building signage excluding only including repairs and replacements to all equipment used in the signs provision of plumbing, electricity, heating, ventilating, and air conditioning of the Building including any meters and all other expenses paid for directly or payable by the LesseeLandlord in connection with the operation of the Building. All such costs and charges may be recoverable by the Landlord from the Tenant in the same manner as rent under the terms hereof. Such operating costs shall not include interest on debt or capital retirement of debt, or any amount directly chargeable by the Landlord and collected from any tenant or tenants as otherwise provided herein, or the proceeds realized by the Landlord from any insurance claims made by the Landlord in connection with repairs done by the Landlord, sums payable by the Landlord as taxes on income of the Landlord and which are clearly personal to the Landlord and are not directly related to the Building, the costs of enforcing other tenants’ obligations under leases, costs and expenses of leasehold improvements relating to renewed tenancies, real estate commissions, tenant inducements or tenants’ work costs incurred by the Landlord in acquiring new tenants for the Building, charitable or political contributions; - The cost interest, penalties, or other costs arising out of the Landlord’s failure to make timely payment of its obligations under this Lease; costs of adding or deleting floors; any bad debt loss, rent loss, or reserves for bad debt or rent loss; overhead and profit increment paid to subsidiaries or affiliates of the Landlord for services on or to the Building, but only to the extent that the costs of such services exceed competitive costs for such services rendered by unaffiliated persons or entities with respect to comparable buildings in the immediate vicinity of the Building – however such restriction or limit on payments to affiliates shall exclude managerial fees which were determined to be 5% of gross rent as noted herein. Should the Landlord determine, in its sole discretion, that the amount of any expense should be amortized over more than 1 year, then such expense shall be amortized at a rate of interest on equal to the capital cost greater of all cleaning 47% per annum, compounded monthly, or that rate of interest equal to 12% per annum over the prime rate of interest in effect and maintenance equipment owned by the Lessor calculated at rates charged from time to time to borrowers regarded as prime credit risksby the Landlord’s bankers. Notwithstanding anything else contained herein, together with the cost of depreciation on such equipment; - The direct cost of managementamount payable by the Tenant for operating costs, administration excluding taxes, utilities and book-keeping services at Five (5%) per cent insurance, in any year of the total Term, on a per-square foot basis shall be capped as follows 2016 $5.25psf 2019 $6.08psf 2017 $5.51psf 2020 $6.38psf 2018 $5.79psf 2021 $6.70psf For clarity, the Landlord and Tenant agree that the applicable sales taxes, realty taxes, utilities and insurance premiums are not included in the capped amount and the Tenant shall pay such costs in the manner and at the time as set out in the Lease without deduction or limitation. Should part of the basic rent charged pursuant to paragraph 4 and Building be vacant any time during the additional rent payable term of the lease, then, where appropriate, the Landlord may reasonably allocate expenses such that the Landlord shall benefit from any reduced costs that are reasonably attributable to the Lessor pursuant vacancy and such that the Tenant shall pay amounts which it otherwise would have had to paragraphs 7 to 12 hereofpay if the Building were fully occupied.

Operating and Maintenance Costs. To pay standard of a high quality commercial building so as to give it high character and distinction and the Tenant shall reimburse the Landlord for its proportionate share of all costs related to the Lessor, aforementioned repairs and replacements and for all operating costs to maintain and operate the building and lands in the such a manner provided in this Paragraph 11, an amount calculated by the Lessor that is equal to the Lessee's which said proportionate share of the general said operating and maintenance costs of the lands and building of which the demised premises form a part during the term of this Leaseare hereinafter called "Additional Rental for Operating Costs". For the purposes of this Lease general The said operating and maintenance costs means all costs, charges, and expenses chargeable against income and incurred, approved, or attributed by the Lessor to operate, service, maintain, clean, supervise, police, replace and repair, and keep in good order and safe condition the lands and the building of which the demised premises form a part and structures or improvements thereon, includingshall, without limiting the generality of the foregoing, include the amounts paid whether by the Landlord or other on behalf of the Landlord for complete maintenance services for the building such as are in keeping with maintaining the standard of a high quality commercial building so as to give it high character and distinction, and shall include all repairs and replacements required for such maintenance, including but not limited to the following: - The cost garbage removal, all grass cutting and removal and other landscaping costs, parking lot maintenance and snow removal, maintenance of the exterior of the building including roof repairs and maintenance, the costs of providing water and electricity or any other utility not otherwise chargeable directly to tenants, and any costs related to consumption of utilities (including but not limited to electricity, gas, water, oil, powercable, wateretc.) service contracts with independent contractors, sewerall amounts paid for wages, communications benefits, and other payments to janitors, caretakers and any other staff involved in the maintenance and management of the building, managerial and administration expenses, supplies used in the maintenance of the building, the cost of heating ventilating and/or air-conditioning the building, including the common areas of the building and including repairs and replacements to all equipment used in the provision of plumbing, electricity, heating, ventilating, and air conditioning of the building including any meters and all other utilities and services, together expenses paid or payable by the Landlord in connection with the direct cost of administering such utility services; provided that non exclusive utility costs may at the discretion operation of the Lessor building. Such operating costs shall not include interest on debt or capital retirement of debt, or any amount directly chargeable by the Landlord to any tenant or tenants as otherwise provided herein, or the proceeds realized by the Landlord from any insurance claims made by the Landlord in cases whereconnection with repairs done by the Landlord, or income taxes, capital gain taxes, and other income taxes of a personal nature to the Landlord or any expense recovered under warranties or guarantees. The Tenant's proportionate share of such operating costs shall be in the opinion same proportion that the square foot area contained within the outside surface of the Lessor, exterior walls or the consumption centre line of utility is heavier in one or more rentable premises by reason interior walls of the business carried on in such premises, be allocated on a user basis; - The cost of servicing and maintaining all heating, air conditioning, ventilation, elevators, plumbing, electrical (including light fixtures) and other machinery and equipment and at Leased Premises compares to the option square foot area contained within the outside surface of the Lessorexterior walls of the building, either and all such costs and charges may be recoverable by the cost of depreciation at rates Landlord from the Tenant in conformity the same manner as rent under the terms hereof. Operating costs shall be determined in accordance with generally accepted accounting principles upon all such machinery and equipment and all other fixtures which by their nature require periodic replacement or substantial replacement, or the cost of replacement of same; - without duplication. The cost of all business, machinery or other taxes, charges and license fees which are not directly levied against or payable by any tenants management fee that forms part of the Building individually; - The cost of cleaning, and removing garbage from the leased premises and the cost of all supplies, labour, wages (including statutory or usual fringe benefits), and fees of independent contractors relating thereto; - The cost of cleaning, and removing snow and garbage from, servicing, maintaining, operating, repairing, supervising, policing and securing the Building, including the cost of all supplies, labour, wages (including statutory or usual fringe benefits) and fees of independent contractors relating thereto; - The cost of operating and replacing a public address system, background music, information kiosk, directory boards, and the net cost of operating and the cost of replacing public telephones and information facilities; - The cost of operating and maintaining the Building identification sign(s) and general building signage excluding only the signs paid for directly by the Lessee; - The cost of interest on the capital cost of all cleaning and maintenance equipment owned by the Lessor calculated at rates charged from time to time to borrowers regarded as prime credit risks, together with the cost of depreciation on such equipment; - The direct cost of management, administration and book-keeping services at Five above costs shall not exceed five percent (5%) per cent of the total of the basic rent charged pursuant to paragraph 4 gross rentals paid (i.e. including Minimum Rental and the additional rent payable to the Lessor pursuant to paragraphs all Additional Rentals). DIRECT CHARGE FOR WATER & SEWERAGE RATE & HYDRO CHARGES - Deleted Intentionally. 7 to 12 hereof.-7- PAYMENT OF ADDITIONAL RENT