Common use of Building Operating Expenses Clause in Contracts

Building Operating Expenses. Building Operating Expenses" shall include all reasonable and necessary expenses incurred by Landlord in the operation, maintenance, repair and management of the Building and the Common Areas of the Building, including, but not limited to, (a) non-structural repairs to and maintenance of the roof, skylights and or walls of the Building; (b) repair, maintenance, utility costs and landscaping of the Building and Common Areas of the Building; (c) insurance deductibles (not to exceed $100,000 per calendar year) and premiums relating to the insurance maintained by Landlord with respect to the Building and the Common Areas of the Building; (d) service contracts for security, cleaning, janitorial and landscaping services and maintenance of HVAC systems and elevators, if any; (e) all wage and labor costs, including fringe benefits, applicable to persons engaged in the operation, maintenance and repair of the Building and the Common Areas of the Building as Landlord's agents or as independent contractors; (f) capital improvements made to or capital assets acquired for the Building and the Common Areas of the Building after the Commencement Date that reduce Building Operating Expenses or are reasonably necessary for the health and safety of the occupants of the Building or are required under any present or future governmental law or regulation, which capital costs, or an allocable portion thereof, shall be amortized over the useful life of such items, together with interest on the unamortized balance at an annual interest rate equal to Landlord's good faith estimate of its cost of funds for such capital improvements or capital assets but in all events not in excess of the Applicable Interest Rate; and (g) installation, maintenance, repair and replacement of telephone wiring within the Building. Building Operating Expenses shall also include an administrative fee to Landlord for accounting and project management services relating to the Building and the Common Areas of the Building in an amount equal to ten percent (10%) of the sum of Building Operating Expenses (other than the administrative fee) and Building Real Property Taxes. Building Operating Expenses shall not include (i) replacement of or structural repairs to the roof or the exterior walls; (ii) repairs to the extent covered by insurance proceeds, or paid by Tenant or other third parties; (iii) alterations solely attributable to tenants of the Building other than Tenant; (iv) capital improvements made to correct any failure as of the Commencement Date of the Premises, Building and/or Common Areas of the Building to comply with governmental laws in effect and applicable to the Premises, Building and/or Common Areas of the Building and Landlord as of the Commencement Date (specifically omitting from such exclusion any capital improvements arising out of any activities or operations of Tenant in, on or about the Premises, the Building and/or the Common Areas of the Building); (v) marketing and promotional costs, leasing commissions, brokerage commissions and attorneys fees incurred in connection with the lease, sublease and/or assignment of any other space in the Building with or to any existing or potential tenant or other occupant; (vi) depreciation and amortization of the Building; (vii) debt service payments with respect to the Building; and (viii) reserves for repairs, replacements, bad debts and the like. If during any calendar year the Building is not at least 95% occupied, Building Operating Expenses for such year shall be calculated based on a 95% occupancy rate for the Building.

Building Operating Expenses. Building operating expenses ("Building Operating Expenses" ") shall include mean any and all reasonable and necessary expenses incurred by Landlord the Lessor in connection with the operationownership, maintenance, operation, upkeep and repair and management of the Building building including the equipment, adjacent walks, loading and parking areas, landscaped areas, and other improvements to the Common Areas of the Buildingbuilding, including, including but not limited toto salaries, (a) non-structural repairs to hourly wages, payroll taxes, social security, uniforms and maintenance dry cleaning thereof for employees of the roof, skylights and or walls of the Building; (b) repair, maintenance, utility costs and landscaping of the Building and Common Areas of the Building; (c) insurance deductibles (not to exceed $100,000 per calendar year) and premiums relating to the insurance maintained by Landlord with respect to the Building and the Common Areas of the Building; (d) service contracts for security, cleaning, janitorial and landscaping services and maintenance of HVAC systems and elevators, if any; (e) all wage and labor costs, including fringe benefits, applicable to persons Lessor engaged in the operation, maintenance and repair of the Building building; the costs of all charges for electricity, steam and water or other utilities furnished to the Common Areas building, including any taxes thereon, other than those chargeable to individual tenants by reason of their extraordinary consumption of such utilities; the costs of all charges for insurance directly relating to the use and/or the operation of the Building building as Landlord's agents or as aforesaid; the costs of building and cleaning supplies and materials; the costs of all charges for cleaning, maintenance and service contracts and other services with independent contractors, including snow and trash removal and landscaping; (f) capital improvements made salaries of building superintendents and assistants; allowance for management fees and services; and overhead and legal expenses directly relating to or capital assets acquired for the Building and the Common Areas use and/or operation of the Building after building; real estate taxes and other taxes and assessments incurred in connection with the Commencement Date that reduce ownership, operation and maintenance of the building; and all other costs and expenses reasonably necessary in the operation and maintenance of a first- class office building. If the property where the Premises are located consists of multiple buildings, Lessor may operate and account for said buildings jointly, apportioning all Building Operating Expenses or are reasonably necessary for prorata among the health and safety total square footage of all the occupants of the Building or are required under any present or future governmental law or regulation, which capital costs, or an allocable portion thereof, shall be amortized over the useful life of such items, together with interest on the unamortized balance at an annual interest rate equal to Landlord's good faith estimate of its cost of funds for such capital improvements or capital assets but in all events not in excess of the Applicable Interest Rate; and (g) installation, maintenance, repair and replacement of telephone wiring within the Building. Building Operating Expenses shall also include an administrative fee to Landlord for accounting and project management services relating to the Building and the Common Areas of the Building in an amount equal to ten percent (10%) of the sum of Building Operating Expenses (other than the administrative fee) and Building Real Property Taxesbuildings. Building Operating Expenses shall not include interest on debt, capital retirement of debt, capital expenditures (i) replacement except for capital expenditures which reduce operating expenses, in which case such expenditures shall be amortized over the life of or structural repairs to the roof or the exterior walls; (ii) repairs to the extent covered by insurance proceedsobjects for such capital expenditures), or paid by Tenant or other third parties; (iii) alterations solely attributable any cost which is charged to tenants and collected from any tenant of the Building other than Tenant; (iv) capital improvements made to correct any failure as building on account of the Commencement Date negligent or willful act or omission of the Premises, Building and/or Common Areas of the Building to comply with governmental laws in effect and applicable to the Premises, Building and/or Common Areas of the Building and Landlord as of the Commencement Date (specifically omitting from such exclusion any capital improvements arising out of any activities or operations of Tenant in, on or about the Premises, the Building and/or the Common Areas of the Building); (v) marketing and promotional costs, leasing commissions, brokerage commissions and attorneys fees incurred in connection with the lease, sublease and/or assignment of any other space in the Building with or to any existing or potential tenant or other occupant; (vi) depreciation and amortization of the Building; (vii) debt service payments with respect to the Building; and (viii) reserves for repairswhich such tenant may be liable, replacements, bad debts and the like. If during any calendar year the Building is not at least 95% occupied, Building Operating Expenses for such year shall be calculated based on a 95% occupancy rate for the Buildingcontractually or otherwise.