Building Operating Expenses definition

Building Operating Expenses means property taxes, utilities, common area maintenance and repair costs, operating costs, and commercially reasonable management fees, but shall specifically exclude (1) costs of items considered capital repairs, replacements, improvements and equipment under generally accepted accounting principles consistently applied or otherwise, including, but not limited to, the roof of the Building and any HVAC units; (2) costs incurred by Sublessor for the repair of damage to the Building, to the extent that Sublessor is or should be reimbursed by insurance proceeds, and costs of all capital repairs, regardless of whether such repairs are covered by insurance; (3) depreciation, amortization, and interest payments, except as provided herein and except on materials, tools, supplies, and vendor-type equipment purchased by Sublessor to enable Sublessor to supply services that Sublessor might otherwise contract with a third-party when such depreciation, amortization, and interest payments would otherwise have been included in the charge for such third-party services, all as determined in the accordance with generally accepted accounting principles consistently applied, and when depreciation or amortization is permitted or required, the items shall be amortized for its reasonably anticipated useful life; (4) marketing costs, including, without limitation, leasing commissions, attorneys’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Building; (5) expenses for services or other benefits that are not offered to Sublessee for which Sublessee is charged directly but that are provided to another tenant or occupant of the Building; (6) cost incurred by Sublessor due to the violation by Sublessor or any tenant of the terms and conditions of any lease of space in the Building; (7) overhead and profit increment paid to Sublessor or to subsidiary or affiliates of Sublessor for goods and/or services in or to the Building to the extent that same exceeds the costs of such goods and/or services rendered by an affiliated third party on a competitive basis; (8) Sublessor’s general corporate overhead and general and administrative expenses; (9) costs incurred in connection with upgrading any porti...

Building Operating Expenses shall include all reasonable and necessary expenses incurred by Landlord in the, operation, maintenance, repair and management of the Building in which the Premises are located, including, but not limited to the following:

Building Operating Expenses means and include the Building's Share of all Real Property Taxes, plus the Building's Share of all Landlord's Insurance Costs, plus the Building's Share of all Project Maintenance Costs, plus an accounting fee equal to five percent of all such costs.

Building Operating Expenses means all of the Building Service Expenses and an allocable portion of the Project Expenses as follows:

Building Operating Expenses. Those Operating Expenses described in Section 4.01.

Building Operating Expenses. The term "Building Operating Expenses" shall mean and include the Building's Share of all Real Property Taxes, plus the Building's Share of all Landlord's Insurance Costs, plus the Building's Share of all Project Maintenance Costs, plus an accounting fee equal to five percent of all such costs.

Building Operating Expenses means the total costs and expenses incurred by Landlord in the ownership, operation, maintenance, repair and management of the Building, the Land and/or the Building Common Area, including, but not limited to: (a) repair, replacement, maintenance, utility costs and landscaping of the Building Common Area, including, but not limited to, any and all costs of maintenance, repair and replacement of all parking areas (including bumpers, sweeping, striping and slurry coating), common driveways, loading and unloading areas, trash areas, outdoor lighting, sidewalks, walkways, landscaping, irrigation systems, fences and gates and other costs which are allocable to the Building and/or the Land including any costs under the terms of any CC&Rs affecting the real property, (b) non-structural maintenance, repair and replacement of the roof (and roof membrane), skylights and exterior walls of the Premises (including painting); (c) insurance deductibles and the costs relating to the insurance maintained by Landlord as described in Section 8.1 below, including, without limitation, Landlord's cost of any deductible or self insurance retention; (d) maintenance contracts for, and the repair and replacement of, the heating, ventilation and air-conditioning (HVAC) systems and elevators, if any; (e) maintenance, repair, replacement, monitoring and operation of the fire/life safety and sprinkler system (to the extent Landlord is obligated to do so pursuant to Section 9.2); (f) trash collection; (g) capital improvements or capital replacements (excluding the roof structure) made to or capital assets acquired for the Building or the Land after the Commencement Date that in Landlord's good faith judgment are intended to reduce Building Operating Expenses or are reasonably necessary for the health and safety of the occupants of the Building or are required under any governmental law or regulation, which capital costs, or an allocable portion thereof, shall be amortized over the period determined by Landlord, together with interest on the unamortized balance at the Applicable Interest Rate, all in accordance with "generally accepted accounting principles" ("GAAP") consistently applied; (h) commercially reasonable reserves set aside for maintenance and repair; (i) Real Property Taxes attributable to the Land; and (j) any other costs, except as noted in this Lease, incurred by Landlord related to the Building and/or the Land and not related to the Project as a whole. Notwithstanding any...

Building Operating Expenses means those Operating Expenses related to the Building and any other area of the Project with respect to which Tenant has exclusive use, and (ii) the term "Project Operating Expenses" shall mean those Operating Expenses related to the Project Common Areas. As used herein, "Operating Expenses", with respect to Project Operating Expenses or Building Operating Expenses, as applicable, shall include the following to the extent

Building Operating Expenses means all expenses paid or incurred by Landlord for maintaining, operating and repairing the Building and the personal property used in conjunction therewith, including, without limitation: the costs of refuse collection, water, sewer, electricity, gas and other utilities; supplies; janitorial and cleaning services; interior and exterior window washing; plant maintenance; services of independent contractors for maintenance and operations; compensation (including employment taxes and fringe benefits) of all persons who perform duties in connection with the operation, maintenance and repair of the Building; insurance deductibles and premiums on insurance as Landlord in its sole discretion decides to carry; licenses, permits and inspection fees; management fees; legal and accounting expenses; the amortized amount of capital improvements constructed after completion of the Building, which capital expenditures will be amortized by dividing the capital improvement costs by the useful life of the capital improvements as reasonably determined by Landlord in accordance with generally accepted accounting and management practices; Maintenance Reserves, costs arising from any Requirements requiring changes to the Building, including, without limitation, the ADA; and any other expense or charge whether or not hereinabove described, which in accordance with generally accepted accounting and management practices would be considered an expense of maintaining, operating or repairing the Building, excluding: (A) costs to replace the foundation and structural portions of the exterior walls and roof of the Building, or to comply with any Requirement applicable to the Building or the Development Common Areas prior to the Commencement Date; (B) payments of principal and interest charges incurred on debt, or depreciation expenses; (C) the wages and benefits of any employee who does not devote substantially all of his or her time to the Development unless such wages and benefits are appropriately prorated; (D) costs of any items for which Landlord is entitled to receive an unqualified reimbursement from insurance proceeds, from a tenant, or from any third party; (E) legal fees and costs, settlements, judgments or awards arising out of negotiations or disputes with any other tenant or potential tenant of the Building; (F) marketing costs, brokerage fees, leasing commissions, legal fees, advertising and promotional expenses specifically designed for marketing and letting space with...