Common use of Common Area Operating Expenses Clause in Contracts

Common Area Operating Expenses. Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share (as specified in Paragraph 1.6(b)) of all Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions: (a) "Common Area Operating Expenses" are defined, for purposes of this Lease, as all costs incurred by Lessor relating to the ownership and operation of the Center, including, but not limited to, the following: - See Exhibit 'Am (i) The operation, repair and maintenance, in neat, clean, good order and condition, of the following: (aa) The Common Areas, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, Common Area lighting facilities, fences and gates, steps and Post. (bb) Exterior signs and any tenant directories. (cc) Fire detection and sprinkler systems. (ii) The cost of water, gas, electricity and telephone to service the Common Areas. not to exceed (iii) Trash disposal, property management and security services (iv) Reserves set aside for maintenance and repair of Common Areas. (v) Real Property Taxes (as defined in Paragraph 10.2) to be paid by Lessor for the Building and the Common Areas under Paragraph 10 hereof. (vi) The cost of the premiums for the insurance policies maintained by Lessor under Paragraph 8 hereof. (vii) Any deductible portion of an insured loss concerning the Building or the Common Areas. (viii) Any other services to be provided by Lessor that are stated elsewhere in this Lease to be a Common Area Operating Expense. (b) Any Common Area Operating Expenses and Real Property Taxes that are specifically attributable to the Building or to any other building in the Center or to the operation, repair and maintenance thereof, shall be allocated entirely to the Building or to such other building. However, any Common Area Operating Expenses and Real Property Taxes that are not specifically attributable to the Building or to any other building or to the operation, repair and maintenance thereof, shall be equally allocated by Lessor to all buildings in the enter. (c) The inclusion of the improvements, facilities and services set forth in Subparagraph 4.2(a) shall not be deemed to impose an obligation upon Lessor to 90w have said improvements or facilities or to provide those services unless the or Lessor has agreed elsewhere in this Lease to provide the same or some of them.

Appears in 1 contract

Samples: Fee Agreement (Orange National Bancorp)

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Common Area Operating Expenses. Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share (as specified in Paragraph 1.6(b)) of all Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions: (a) "Common Area Operating ExpensesCOMMON AREA OPERATING EXPENSES" are defined, for purposes of this Lease, as all costs incurred by Lessor relating to the ownership and operation of the Industrial Center, including, but not limited to, the following: - See Exhibit 'Am (i) The operation, repair and maintenance, in neat, clean, good order and condition, of the following: (aa) The Common Areas, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, Common Area lighting facilities, fences and gates, steps elevators and Postroof. (bb) Exterior signs and any tenant directories. (cc) Fire detection and sprinkler systems. (ii) The cost of water, gas, electricity and telephone to service the Common Areas. not to exceed (iii) Trash disposal, property management and security services and the costs of any environmental inspections. (iv) Reserves set aside for maintenance and repair of Common Areas. (v) Any increase above the Base Real Property Taxes (as defined in Paragraph 10.210.2(b)) to be paid by Lessor for the Building and the Common Areas under Paragraph 10 hereofAreas. (vi) The cost of the premiums for the insurance policies maintained by Lessor under Any "Insurance Cost Increase" (as defined in Paragraph 8 hereof8.1). (vii) Any The cost of insurance carried by Lessor with respect to the Common Areas. (viii) any deductible portion of an insured loss concerning the Building or the Common Areas. (viiiix) Any other services to be provided by Lessor that are stated elsewhere in this Lease to be a Common Area Operating Expense. (b) Any Common common Area Operating Expenses and Real Property Taxes that are specifically attributable to the Building or to any other building in the Industrial Center or to the operation, repair and maintenance thereof, shall be allocated entirely to the Building or to such other building. However, any Common Area Operating Expenses and Real Property Taxes that are not specifically attributable to the Building or to any such other building or to the operation, repair and maintenance thereof, shall be equally equitably allocated by Lessor to all buildings in the enterIndustrial Center. (c) The inclusion of the improvements, facilities and services set forth in Subparagraph 4.2(a) shall not be deemed to impose an obligation upon Lessor to 90w either have said improvements or facilities or to provide those services unless the Industrial Center already has the same, Lessor already provides the services, or Lessor has agreed elsewhere in this Lease to provide the same or some of them.. (d) Lessee's Share of Common Area Operating Expenses shall be payable by Lessee within ten (10) days after a reasonably detailed statement of actual expenses is presented to Lessee by Lessor. At Lessor's option, however, an amount may be estimated by Lessor from time to time of Lessee's Share of annual Common Area Operating Expenses and the same shall be payable monthly or quarterly, as Lessor shall designate, during each 12-month period of the Lease term, on the same day as the Base Rent is due hereunder. Lessor shall deliver to Lessee within sixty (60) days after the expiration of each calendar year a reasonably detailed statement showing Lessee's Share of the actual Common Area Operating Expenses incurred during the preceding year. If Lessee's payments under this Paragraph 4.2(d) during said preceding year exceed Lessee's Share as indicated on said statement, Lessor shall be credited the amount of such overpayment against Lessee's Share of Common Area Operating Expenses next becoming due. if Lessee's payments under this Paragraph 4.2(d) during said preceding year were less than Lessee's Share as indicated on said statement, Lessee shall pay to Lessor the amount of the deficiency within ten (10) days after delivery by Lessor to Lessee of said statement. Initials /s/ /s/

Appears in 1 contract

Samples: American Custom Components Inc

Common Area Operating Expenses. Lessee shall pay to Lessor during the term hereof, in addition 1. Notwithstanding anything to the Base Rentcontrary contained in this Lease, Lessee's Share (as specified in Paragraph 1.6(b)) of all the following shall not be included within Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions: (a) "Common Area Operating Expenses" are defined, for purposes of this Lease, as all costs incurred by Lessor relating to the ownership and operation of the Center, including, but not limited to, the following: - See Exhibit 'Am (i) The operation, repair and maintenance, in neat, clean, good order and condition, of the following: (aa) The Common Areas, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, Common Area lighting facilities, fences and gates, steps and Post. (bb) Exterior signs and any tenant directories. (cc) Fire detection and sprinkler systems. (ii) The cost of water, gas, electricity and telephone to service the Common Areas. not to exceed (iii) Trash disposal, property management and security services (iv) Reserves set aside for maintenance and repair of Common Areas. (v) Real Property Taxes (as defined in Paragraph 10.2) to be paid by Lessor for the Building and the Common Areas under Paragraph 10 hereof. (vi) The cost of the premiums for the insurance policies maintained by Lessor under Paragraph 8 hereof. (vii) Any deductible portion of an insured loss concerning depreciation on the Building or Property. Costs of a capital nature involving replacement of the Common Areasroof, foundation, structural members, load-bearing walls, or building systems; provided, however, that Lessee shall be responsible for replacement of the HVAC system serving the Premises, if required during the first ten (10) years of the Lease term. (viii) Any other services If replacement of the HVAC system is required thereafter, the cost thereof shall be borne by Landlord, and Landlord shall be entitled to be provided by Lessor that are stated elsewhere include in this Lease to be a Common Area Operating Expense. (b) Any Common Area Operating Expenses and Real Property Taxes that are specifically attributable annually an amount equal to the Building one year's amortized cost of such replacement HVAC, amortized over an anticipated ten year useful life. Such amortization shall be at ten percent (10%). Costs incurred due to Lessor's violation of any terms or conditions of this Lease. Overhead profit increments paid to any Lessor's subsidiaries or affiliates for management or other building in the Center services on or to the operationbuilding or for supplies or other materials to the extent that the cost of the services, repair supplies, or materials exceeds the cost that would have been paid had the services, supplies, or materials been provided by unaffiliated parties on a competitive basis. All interest, loan fees, and maintenance thereofother carrying costs related to any mortgage or deed of trust or related to any capital item, and all rental and other payable due under any ground or underlying lease, or any lease for any equipment ordinarily considered to be of a capital nature (except janitorial equipment which is not affixed to the Building.) Costs of repairs and other work occasioned by fire, windstorm, or other casualty of an insurable nature (but not including deductibles paid by Landlord for insured losses). In no event, however, shall be allocated entirely to the Building or to such other building. However, any Common Area Operating Expenses and Real Property Taxes that are not specifically attributable Costs include the amount of any deductibles paid with respect to any loss covered by earthquake coverage, where such deductible exceeds twenty-five thousand dollars. Any costs, fines, or penalties incurred due to violations by Lessor of any governmental rule or authority, this Lease or any other lease in the Property, or due to Lessor's negligence or willful misconduct. Management costs, to the Building extent they exceed 5% of Annual Rent. The cost of correcting any building code or to any other building or violations which were violations prior to the operationCommencement Date. The cost of containing, repair and maintenance thereofremoving, shall be equally allocated by Lessor to all buildings in the enter. (c) The inclusion or otherwise remediating any contamination of the improvementsProperty (including the underlying land and ground water) by any toxic or hazardous materials (including, facilities without limitation, asbestos and services set forth in Subparagraph 4.2(a"PCB's") shall where such contamination was not be deemed to impose an obligation upon Lessor to 90w have said improvements caused by Lessee or facilities any of its agents, employees, contractors or to provide those services unless the or Lessor has agreed elsewhere in this Lease to provide the same or some of theminvitees.

Appears in 1 contract

Samples: Homestead Com Inc

Common Area Operating Expenses. Lessee shall pay to Lessor during the term hereof, in addition Notwithstanding anything to the Base Rentcontrary contained in this Lease, Lessee's Share (as specified in Paragraph 1.6(b)) of all the following shall not be included within Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions: (a) "Common Area Operating Expenses" are defined, for purposes of this Lease, as all costs incurred by Lessor relating to the ownership and operation of the Center, including, but not limited to, the following: - See Exhibit 'Am (i) The operation, repair and maintenance, in neat, clean, good order and condition, of the following: (aa) The Common Areas, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, Common Area lighting facilities, fences and gates, steps and Post. (bb) Exterior signs and any tenant directories. (cc) Fire detection and sprinkler systems. (ii) The cost of water, gas, electricity and telephone to service the Common Areas. not to exceed (iii) Trash disposal, property management and security services (iv) Reserves set aside for maintenance and repair of Common Areas. (v) Real Property Taxes (as defined in Paragraph 10.2) to be paid by Lessor for the Building and the Common Areas under Paragraph 10 hereof. (vi) The cost of the premiums for the insurance policies maintained by Lessor under Paragraph 8 hereof. (vii) Any deductible portion of an insured loss concerning depreciation on the Building or Property. Costs of a capital nature involving replacement of the Common Areasroof, foundation, structural members, load-bearing walls, or building systems; provided, however, that Lessee shall be responsible for replacement of the HVAC system serving the Premises, if required during the first ten (10) years of the Lease term. (viii) Any other services If replacement of the HVAC system is required thereafter, the cost thereof shall be borne by Landlord, and Landlord shall be entitled to be provided by Lessor that are stated elsewhere include in this Lease to be a Common Area Operating Expense. (b) Any Common Area Operating Expenses and Real Property Taxes that are specifically attributable annually an amount equal to the Building one year's amortized cost of such replacement HVAC, amortized over an anticipated ten year useful life. Such amortization shall be at ten percent (10%). Costs incurred due to Lessor's violation of any terms or conditions of this Lease. Overhead profit increments paid to any Lessor's subsidiaries or affiliates for management or other building in the Center services on or to the operationbuilding or for supplies or other materials to the extent that the cost of the services, repair supplies, or materials exceeds the cost that would have been paid had the services, supplies, or materials been provided by unaffiliated parties on a competitive basis. All interest, loan fees, and maintenance thereofother carrying costs related to any mortgage or deed of trust or related to any capital item, and all rental and other payable due under any ground or underlying lease, or any lease for any equipment ordinarily considered to be of a capital nature (except janitorial equipment which is not affixed to the Building.) Costs of repairs and other work occasioned by fire, windstorm, or other casualty of an insurable nature (but not including deductibles paid by Landlord for insured losses). In no event, however, shall be allocated entirely to the Building or to such other building. However, any Common Area Operating Expenses and Real Property Taxes that are not specifically attributable Costs include the amount of any deductibles paid with respect to any loss covered by earthquake coverage, where such deductible exceeds twenty-five thousand dollars. Any costs, fines, or penalties incurred due to violations by Lessor of any governmental rule or authority, this Lease or any other lease in the Property, or due to Lessor's negligence or willful misconduct. Management costs to the Building extent they exceed 5% of Annual Rent. The cost of correcting any building code or to any other building or violations which were violations prior to the operationCommencement Date. The cost of containing, repair and maintenance thereofremoving, shall be equally allocated by Lessor to all buildings in the enter. (c) The inclusion or otherwise remediating any contamination of the improvementsProperty (including the underlying land and ground water) by any toxic or hazardous materials (including, facilities without limitation, asbestos and services set forth in Subparagraph 4.2(a"PCB's") shall where such contamination was not be deemed to impose an obligation upon Lessor to 90w have said improvements caused by Lessee or facilities any of its agents, employees, contractors or to provide those services unless the or Lessor has agreed elsewhere in this Lease to provide the same or some of theminvitees.

Appears in 1 contract

Samples: Homestead Com Inc

Common Area Operating Expenses. “Common Areas” is defined areas and facilities outside the Premises and within the exterior boundaries of the Project and the interior utility raceways that are provided and designated by Lessor from time to time for the general nonexclusive use of Lessor, Lessee shall pay to Lessor during and other tenants of the term hereofProject and their respective employees, in addition to the Base Rentsuppliers, Lessee's Share (as specified in Paragraph 1.6(b)) of all shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, landscaped areas, roadways, sidewalks, walkways, parkways, and driveways. “Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions: (a) "Common Area Operating Expenses" are defined, defined for purposes of this Lease, as all costs incurred by Lessor during each calendar year relating to the ownership and operation of the CenterProject, including, including but not limited to, to the following: - See Exhibit 'Am following (i) The the operation, repair and maintenance, in a neat, clean, good order and condition, of the following: (aaa) The Common Areas, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, Common Area lighting facilities, fences and fences, gates, steps elevators and Post. roof; (bbb) Exterior signs and any tenant directories. ; (ccc) Fire detection and sprinkler systems. ; (ii) The the cost of water, gas, electricity and telephone service to service the Common Areas. not to exceed ; (iii) Trash disposal, property management and security services and the cost of any environmental inspections; (iv) Reserves reserves set aside for maintenance and repair of Common Areas. ; (v) Real Property Taxes (as defined in Paragraph 10.2) to be paid by Lessor for the Building and the Common Areas under Paragraph 10 hereof. Areas; (vi) The the cost of the premiums for the insurance policies maintained by Lessor under Paragraph 8 hereof. the terms of the Lease; (vii) Any any deductible portion of an insured loss concerning the Building or the Common Areas. (viii) Any other services to be provided by Lessor that are stated elsewhere in this Lease to be a The term “Common Area Operating ExpenseExpenses” shall also include, without limitation, all costs and expenses incurred by Lessor relating to the following: (i) wages, salaries, payroll burdens and all related expenses and benefits of all on-site and off-site employees engaged in the management, operation and maintenance of the Industrial Center, limiting such charges only to amounts directly allocable to services rendered by the employees for the benefit of the Industrial Center, (ii) all supplies, materials and rental equipment used in connection with the ownership, operation, management and maintenance of the Industrial Center; (iii) the fair market rent of, and the cost to operate, the office of the property manager located in the Industrial Center, if any, to the extent such office is used for the benefit of the Industrial Center; (iv) all costs and expenses levied, incurred or required to be paid, either directly or indirectly, in order to comply with any and all laws, statutes, ordinances, rules and regulations or the requirements of governmental or public authorities and/or utilities with respect to the Industrial Center, or the operation of the Building by Lessor; (v) depreciation on personal property located in or used in connection with the Industrial Center, reasonably related to the expected life of such property; and (vi) amortization of capital improvements made to the Industrial Center by Lessor which are designed to improve the operating efficiency of the Industrial Center or which are required under any governmental law or regulation applicable to the Industrial Center, with amortization over such period as Lessor shall determine, together with interest thereon at ten percent (10%) per annum. Lessor agrees that the property management fee and the maintenance and repair reserve components of Common Area Operating Expenses shall not increase by more than five percent (b5%) Any per year during the Lease Term, compounded annually, over the amount thereof which existed during the first year of the Lease Term. Lessee shall pay to Lessor “Lessees Share of Common Area Operating Expenses”. Lessee’s Share of Common Area Operating Expenses shall be that percentage of all of the buildings in the Project (i.e., 408,502 square feet) represented by the square footage of the Premises entitled to be occupied by Lessee under the terms of this Lease. Since only the ground floor of the Premises will be entitled to be occupied by Lessee in the first year of the Lease Term, Lessee’s Share of Operating Expenses for said year be thirteen and 20/100ths percent (13.20%), based upon the ratio of the Premises (i.e., 53,940 square feet) to the square footage of all of the buildings in which the premises is located (i.e., 408,502 square feet). Lessee’s Share of Operating Expenses shall be increased in the second, third, and fourth years of the Lease Term in reflect the additional square footage comprising the Premises as more fully described in Paragraph 50 of this Lease Addendum. Lessee’s Share of Operating Expenses shall be payable by Lessee within twenty (20) days after a reasonably detailed statement of actual expenses is presented to Lessee. At Lessor’s option, however, an amount may be estimated by Lessor from time to time of Lessee’s Share of Common Area Operating Expenses, and the same shall be payable monthly during each 12-month period of the Lease Term, on the same days as Base Rent is due and payable. Lessor shall deliver to Lessee within one hundred and twenty (120) days after the end of each calendar year a reasonably detailed statement showing the actual expenses incurred during the preceding year. If Lessee’s payments hereunder during said preceding year exceed Lessee’s Share as indicated on said statement, Lessee shall be credited the amount of such overpayment against Lessee’s Share of Common Area Operating Expenses next due and payable: If Lessee’s payments hereunder during the preceding year were less than Lessee’s Share as indicated on said statement, Lessee shall pay to Lessor the amount of the deficiency within twenty (20) days after delivery to Lessee by Lessor of said statement. Notwithstanding any provisions of the Lease to the contrary, in the event of any dispute regarding the amount due as Lessee’s pro rata share of Common Area Operating Expenses and/or the amount due as Common Area Operating Expenses, Lessee shall-have-the right, after reasonable notice and at reasonable times, to inspect and photocopy Lessor’s accounting records at Lessor’s office in Orange County relating to such annual statement. If, after such inspection and photocopying, Lessee continues to dispute the amount of Lessee’s Share pro rata share of Common Area Operating Expenses, Lessee shall be entitled to retain a national, independent, certified public accountant to audit and/or review Lessor’s records to determine the proper amount of Lessee s Share pro rata share of Common Area Operating Expenses. If such audit or review reveals that Lessor has overcharged Lessee, then within five (5) days after the results of such audit are made available to Lessor, Lessor shall reimburse Lessee the amount of such overcharge plus interest at the rate specified in Paragraph 13.5 of the Lease (the “Interest Rate”). If the audit reveals that Lessee was undercharged, then within five (5) days after the results of the audit are made available to Lessee, Lessee shall reimburse Lessor the amount of such undercharge plus interest thereon at the Interest Rate. If Lessor desires to contest such audit results, Lessor may do so by submitting the results of the audit to arbitration in Orange County, California, pursuant to the Commercial Arbitration Rules of the American Arbitration Association within five (5) days of receipt of the results of the audit, and the arbitration shall be final and binding upon Lessor and Lessee. Lessee agrees to pay the cost of such audit, provided that, if the audit reveals that Lessor’s determination of Lessee’s Percentage Share of Common Area Operating Expenses as set forth in any statement submitted pursuant to this Paragraph 77 (“Actual Statement”) sent to Lessee was in error in Lessor’s favor by more than five percent (5%), Lessor shall pay the cost of such audit. Lessor shall be required to maintain records of all Common Area Operating Expenses and Real Property Taxes that are specifically attributable other Rent Adjustments for a one-year period (“Review Period”) following Lessor’s delivery to the Building or to any other building in the Center or to the operation, repair and maintenance thereof, shall be allocated entirely to the Building or to such other building. However, any Lessee of each Actual Statement setting forth Lessee’s Share of Common Area Operating Expenses and Real Property Taxes that are Expenses. The payment by Lessee of any amounts pursuant to this Paragraph shall not specifically attributable preclude Lessee from questioning the correctness of any Actual Statement provided by Lessor at any time during the Review Period, but the failure of Lessee to object thereto prior to the Building or to any other building or to expiration of the operation, repair and maintenance thereof, Review Period shall be equally allocated by Lessor to all buildings in the enter. (c) The inclusion conclusively deemed Lessee’s approval of the improvements, facilities and services set forth in Subparagraph 4.2(a) shall not be deemed to impose an obligation upon Lessor to 90w have said improvements or facilities or to provide those services unless the or Lessor has agreed elsewhere in this Lease to provide the same or some of themActual Statement.

Appears in 1 contract

Samples: Masimo Corp

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Common Area Operating Expenses. Lessee Sublessee shall pay to Lessor Sublessor during the term hereof, in addition to the Base Rent, LesseeSublessee's Share (as specified in Paragraph 1.6(b)) of all Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this LeaseSublease, in accordance with the following provisions: (aprovisions:(a) "Common Area Operating Expenses" are defined, for purposes of this LeaseSublease, as all those costs incurred by Lessor Sublessor relating to the ownership and operation of the CenterProject, including, but not limited to, which are included in the following: - See Exhibit 'Am following list (iexcluding those items set forth in Section 4.2(b) The of the Master Lease):(i) Costs related to the operation, repair and maintenance, in neat, clean, good order and condition, but not the replacement of the following: (aafollowing:(aa) The Common AreasAreas and Common Area improvements, including parking areas, loading and unloading areas, trash areas, roadways, sidewalksparkways, walkways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, Common Area lighting facilities, fences and gates, steps elevators, roofs, and Post. (bbroof drainage systems.(bb) Exterior signs and any tenant directories. (cc) Fire detection and Any fire sprinkler systems. (iisystems.(ii) The cost of water, gas, electricity and telephone to service the Common Areas. not to exceed (iiiAreas.(iii) Trash The cost of trash disposal, property management management, security services, and security services (ivthe costs of any environmental inspections.(iv) Reserves set aside for maintenance and repair of Common Areas. (vAreas.(v) Real Property Taxes (as defined in Paragraph 10.2Taxes.(vi) to be paid by Lessor for the Building and the Common Areas under Paragraph 10 hereof. (vi) The cost of the premiums for the insurance policies maintained by Lessor under Paragraph 8 hereof. (viiInsurance premiums.(vii) Any deductible portion of an insured loss concerning the Building or the Common Areas. (viii) Any other services to be provided by Lessor that are stated elsewhere in this Lease to be a Common Area Operating Expense. (b) Any Common Area Operating Expenses and Real Property Taxes that are specifically attributable to the Building or to any other building in the Center or to the operation, repair and maintenance thereof, shall be allocated entirely to the Building or to such other building. However, any Common Area Operating Expenses and Real Property Taxes that are not specifically attributable to the Building or to any other building or to the operation, repair and maintenance thereof, shall be equally allocated by Lessor to all buildings in the enter. (cAreas.(b) The inclusion of the improvements, facilities and services set forth in Subparagraph 4.2(a) shall not be deemed to impose an obligation upon Lessor Sublessor to 90w either have said improvements or facilities or to provide those services unless Sublessor already provides the or Lessor has agreed elsewhere in this Lease to provide the same or some 5 of them.12 4828-5664-5711.v4

Appears in 1 contract

Samples: MoSys, Inc.

Common Area Operating Expenses. Lessee shall pay All costs to Lessor during operate, maintain, repair, replace, supervise, insure and administer the term hereof, in addition to the Base Rent, Lessee's Share (as specified in Paragraph 1.6(b)) of all Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions: (a) "Common Area Operating Expenses" are defined, for purposes of this Lease, as all costs incurred by Lessor relating to the ownership and operation of the CenterAreas, including, but not limited towithout limitation, any Parking Areas owned by Landlord for the following: - See Exhibit 'Am (i) The operationuse of tenants, repair and maintenancefurther including, without limitation, supplies, materials, labor and equipment used in neat, clean, good order or related to the operation and condition, maintenance of the following: (aa) The Common Areas, including parking areasParking Areas (including, loading without limitation, all costs of resurfacing and unloading areasrestriping Parking Areas at such intervals as is reasonable), trash areassigns and directories on the Building and/or the Project, roadwayslandscaping (including, without limitation, maintenance contracts and fees payable to landscaping consultants), amenities, sprinkler systems, sidewalks, walkways, parkways, driveways, landscaped areascurbs, stripinglighting systems and security services, bumpersif any, irrigation systemsprovided by Landlord for the Common Areas, Common Area lighting facilities, fences and gates, steps and Post. (bb) Exterior signs and any tenant directoriescharges, assessments, costs or fees levied by any association or entity of which the Project or any part thereof is a member or to which the Project or any part thereof is subject; provided, however, that Landlord shall obtain Tenant's prior written consent to any and all Landlord's actions relating to any additional charges, assessments, costs or fees levied by any entity over which Landlord exerts control, directly or indirectly, and before entering into any agreement making the Project subject to or a member of an association, which consent shall not be unreasonably withheld by Tenant. Notwithstanding the foregoing, Landlord and Tenant intend that Tenant shall operate, maintain, repair and replace all non-structural components of the Site Improvements, including, without limitation, the Parking Areas, landscaping, lighting and security systems in the Common Areas, and that Landlord shall not incur any costs or expenses relating thereto unless Tenant fails to comply with its maintenance and repair obligations set forth herein. Each of the foregoing costs, if capitalized in accordance with GAAP and having a useful life in excess of five (cc5) Fire detection years, shall be paid by Landlord in the same manner and sprinkler systemsaccording to the same procedures for payment of the Tenant Allowance and performance of the Tenant Improvements, except that each such capitalized costs advanced by Landlord shall be amortized over its respective useful life, at a rate of return per annum of prime (as stated in the Wall Street Journal) + 3% (the "Rate of Return") and Tenant shall reimburse Landlord for the portion of such cost attributable to the remaining Term of this Lease over the then-remaining Term; in all other instances Tenant shall pay the full cost of such operation, maintenance, repair and replacement. Tenant at its expense, shall (i) enter into an HVAC maintenance contract with a third party vendor acceptable to Landlord, which contract shall require quarterly inspections; and (ii) The cost enter into a roof maintenance contract with a third party vendor acceptable to Landlord, which contract shall require annual roof inspections. Tenant shall be obligated to promptly and diligently perform all work required under either such contract but in no event shall Tenant unreasonably delay commencement of water, gas, electricity and telephone to service such work beyond sixty (60) days after the Common Areas. not to exceed (iii) Trash disposal, property management and security services (iv) Reserves set aside for maintenance and repair date of Common Areas. (v) Real Property Taxes (as defined in Paragraph 10.2) any report requiring work to be paid by Lessor for the Building and the Common Areas under Paragraph 10 hereof. (vi) The cost of the premiums for the insurance policies maintained by Lessor under Paragraph 8 hereof. (vii) Any deductible portion of an insured loss concerning the Building or the Common Areas. (viii) Any other services to be provided by Lessor that are stated elsewhere in this Lease to be a Common Area Operating Expense. (b) Any Common Area Operating Expenses and Real Property Taxes that are specifically attributable to the Building or to any other building in the Center or to the operation, repair and maintenance thereof, shall be allocated entirely to the Building or to such other building. However, any Common Area Operating Expenses and Real Property Taxes that are not specifically attributable to the Building or to any other building or to the operation, repair and maintenance thereof, shall be equally allocated by Lessor to all buildings in the enter. (c) The inclusion of the improvements, facilities and services set forth in Subparagraph 4.2(a) shall not be deemed to impose an obligation upon Lessor to 90w have said improvements or facilities or to provide those services unless the or Lessor has agreed elsewhere in this Lease to provide the same or some of themperformed.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Corp)

Common Area Operating Expenses. Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share (as specified in Paragraph 1.6(b)) of all Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions: (a) "Common Area Operating Expenses" are defined, for purposes of this Lease, as all costs reasonably incurred by Lessor relating to the ownership and operation of the Industrial Center, including, but not limited to, the following: - See Exhibit 'Am (i) The operation, repair and maintenance, in neat, clean, good order and condition, of the following: (aa) The Common Areas, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, Common Area lighting facilities, fences and gates, steps elevators and Postroof. (bb) Exterior signs and any tenant directories. (cc) Fire detection and sprinkler systems. (ii) The cost of water, gas, electricity and telephone to service the Common Areas. not to exceed (iii) Trash disposal, property management fees (which fees shall not exceed 4% of annual gross rents from the Industrial Center) and security services and the costs of any environmental inspections. (iv) Reserves set aside for maintenance and repair of Common Areas. (v) Real Property Taxes (as defined in Paragraph 10.2) to be paid by Lessor for the Building and the Common Areas under Paragraph 10 hereof. (vi) The cost costs of the premiums for the insurance policies maintained by Lessor under Paragraph 8 hereof. (vii) Any deductible portion of an insured loss concerning the Building or the Common Areas. (viii) Any other services to be provided by Lessor that are stated elsewhere in this Lease to be a Common Area Operating Expense. (b) Any Common Area Operating Expenses and Real Property Taxes that are specifically attributable to the Building or to any other building in the Industrial Center or to the operation, repair and maintenance thereof, shall be allocated entirely to the Building or to such other building. However, any Common Area Operating Expenses and Real Property Taxes that are not specifically attributable to the Building or to any other building or to the operation, repair and maintenance thereof, shall be equally equitably allocated by Lessor to all buildings in the enter. (c) The inclusion of the improvements, facilities and services set forth in Subparagraph 4.2(a) shall not be deemed to impose an obligation upon Lessor to 90w have said improvements or facilities or to provide those services unless the or Lessor has agreed elsewhere in this Lease to provide the same or some of them.the

Appears in 1 contract

Samples: Homegrocer Com Inc

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