Common use of COMMON AREAS EXPENSES Clause in Contracts

COMMON AREAS EXPENSES. During the Term, Landlord shall keep or cause the Common Areas to be kept in a neat, clean and orderly condition, lighted and landscaped, and shall repair any damage to the facilities thereof, but all costs and expenses incurred by Landlord in connection therewith shall be charged to the tenants of the Center and prorated in the manner hereinafter set forth. The parties acknowledge and agree that the term "costs and expenses incurred" shall mean all sums expended by Landlord for payment of all work deemed necessary by Landlord for the operation, maintenance, replacement and repair of the Common Areas, including the following (the specific recitation of which shall not be deemed to limit the definition of such costs and expenses): resurfacing, restriping, cleaning and sweeping the parking areas; painting, janitorial services, maintenance, repair and replacement when necessary of sidewalks, curbs, bumpers, all Center signs, planting and landscaping, and lighting and other utilities; operation, maintenance and repair of any common fire protection systems, automatic sprinkler systems and storm drainage systems; personnel to implement such services, including the cost of security guards; police and fire protection services; any Taxes and assessments imposed by governmental agencies; costs of utility services; depreciation on maintenance and operating machinery and equipment, if owned, and rent paid for such machinery and equipment if rented; public liability and property damage insurance on the Common Areas; worker's compensation insurance for personnel; and an amount equal to ten percent of the aforementioned expenses for each calendar year to Landlord for Landlord's administration and supervision of the Common Areas. Landlord may cause any or all of such services to be provided by an independent contractor or contractors. For purposes of this Section 18.8, the cost of "personnel to implement services" shall mean the cost of personnel to supervise or conduct on-site maintenance and repair services. If Landlord uses its own employees for such services their compensation chargeable as Common Area costs shall be limited to that which does not substantially exceed the compensation payable for similar services in the area where the Center is located. Off-site bookkeeping and administrative expenses of Landlord shall not be included in Common Area expenses.

COMMON AREAS EXPENSES. During As used herein, the Term, Landlord shall keep or cause the term "Common Areas to be kept in a neat, clean and orderly condition, lighted and landscaped, and --------------------- Expenses" shall repair any damage to mean the facilities thereof, but all reasonable costs and expenses actually incurred by Landlord in connection therewith shall be charged to the tenants of the Center and prorated in the manner hereinafter set forth. The parties acknowledge and agree that the term "costs and expenses incurred" shall mean all sums expended by Landlord for payment of all work deemed necessary by Landlord for the operationfollowing: (i) painting, restriping, repaving (subject to the limitations on capital expenditures set forth below), cleaning, sweeping, removing of snow and ice, and lighting parking areas, driveways, accesses, entranceways, sidewalks, and walkways; (ii) maintaining and replacing the landscaping; (iii) maintenance, repair, and replacement (subject to the limitations on capital expenditures set forth below) of signs advertising and repair identifying only the Shopping Center, parking area directional and safety signs, tenant directory signs, lights, lighting standards, security systems, parking bumpers, drainage facilities, and all utility systems and cost of all utilities serving the Common Area, including, without limitation stormwater fees; (iv) public utility costs for services to the Common Areas, including the following including, without limitation, stormwater fees; (the specific recitation of which shall not be deemed to limit the definition of such costs and expenses): resurfacing, restriping, cleaning and sweeping the parking areas; painting, janitorial services, maintenance, repair and replacement when necessary of sidewalks, curbs, bumpers, v) premiums on all Center signs, planting and landscaping, and lighting and other utilities; operation, maintenance and repair of any common fire protection systems, automatic sprinkler systems and storm drainage systems; personnel to implement such services, including the cost of security guards; police and fire protection services; any Taxes and assessments imposed by governmental agencies; costs of utility services; depreciation on maintenance and operating machinery and equipment, if owned, and rent paid for such machinery and equipment if rented; public liability and property damage insurance on for the Common Areas; worker's compensation insurance (vi) expenses for personnelsecurity services and parking attendants; (vii) seasonal decorations; and an (viii) a management, administrative and overhead fee of ten percent (10%) of Tenant's Pro Rate Share of the other Common Area Expenses exclusive of insurance expenses (the "Administration Fee"). Notwithstanding the foregoing, the following shall not be included in the Common Areas Expenses: (1) maintenance performed, on separately assessed and/or maintained outparcels or other adjacent tracts reserved for the exclusive use of a tenant in the Shopping Center; (2) any dues or charges for a merchants' or other association of the tenants in the Shopping Center; (3) maintenance, repairs or replacements to the Common Areas or the Shopping Center necessitated by the negligent or willful misconduct of Landlord or made to correct any construction, defect or condition, to any interior mall space, or to any buildings (including exterior walls thereof) or utility systems not part of the Common Areas unless due to the negligence or willful misconduct of Tenant or its agents, contractors or employees; (4) repairs or replacements necessitated by any governmental entity or by the negligence or the willful misconduct of Landlord (including failure to construct any portion of the Shopping Center in accordance with plans or specifications therefor) or any other tenant or made to correct any initial construction defect or condition in existence prior to the Commencement Date of this Lease or to correct damage caused by subsidence or adverse or substandard soil conditions; (5) amounts paid to entities related to Landlord in excess of the competitive cost of such services in the metropolitan area where the Shopping Center is located; (6) amounts reimbursable from insurance proceeds, under warranty or by Tenant, any other tenant in the Shopping Center or any other third party other than pursuant to a common areas expenses provision similar to the Common Areas Expenses provision contained herein; (7) the amount of any deductible under Landlord's liability policy; (8) capital improvements and/or replacements to upgrade existing facilities, but capital costs incurred after the first ten (10) years of the Lease for replacement of the curbs, sidewalks, drainage, lighting and similar systems and repaving of parking areas and access drives may be amortized over a period equal to ten percent the useful life of such improvement, determined in accordance with generally accepted accounting principles, and the aforementioned expenses for amortized cost allocated to each calendar year to Landlord during the Term, may be treated as a Common Areas Expense; (9) reserves for anticipated future expenses; (10) interest, late charges or penalties incurred as a result of Landlord's administration failure to pay bills in a timely manner; (11) the costs of complying with all laws, rules, orders and supervision regulations of governmental, quasi-governmental or judicial authorities with respect to Hazardous Materials, as hereinafter defined; (12) amounts incurred to repair roofs and/or roof decks, canopies and gutters of buildings within the Shopping Center (excluding the Building which is Tenant's obligation pursuant to Section 8); (13) the cost of the Common Areas. original Site Improvements, as hereinafter defined, to the Shopping Center, (14) debt service on indebtedness of Landlord, and/or the expense of rental payments made by Landlord may cause pursuant to any grant or lease covering any or all of such services the Shopping Center, (15) Landlord's cost of any utility or other services, if any, separately sold by Landlord to be provided Tenant and/or other occupants in the Shopping Center, (16) costs incurred by an independent contractor or contractors. For purposes Landlord for alterations, if any, for other tenants, (17) depreciation of this Section 18.8the Shopping Center buildings and major components, (18) the cost of "personnel any maintenance or services with respect to implement services" shall mean tracts which are excluded from the cost computation of personnel Tenant's Pro Rata Share, (19) costs which Landlord is entitled to supervise recoup from other persons such as insurance companies and pursuant to warranties; (20) real estate broker's commissions; (21) the costs of complying with all laws, rules, orders and regulations of all governmental, quasi-governmental or conduct on-site judicial authorities concerning any improvements or alterations to the Shopping Center; (22) the costs of Landlord's management office, except for the Administration Fee provided for above, Landlord's management, administrative and overhead costs, except for the Administrative Fee provided for above, or (23) other maintenance expenses not considered normal and repair servicescustomary under generally accepted accounting principles or shopping center industry standards. If Landlord uses its own employees for such services their compensation chargeable as Common Area costs Expenses shall be limited to that which does not substantially exceed the compensation payable for similar services at competitive rates in the area where the Center is Premises are located. Off-site bookkeeping and administrative Landlord warrants that none of the expenses included in determining Tenant's Pro Rata Share of Landlord Common Area Expenses shall not be included in Common Area expensesany other charge payable under this Lease.

COMMON AREAS EXPENSES. During the Term, Landlord shall keep or cause the Common Areas to be kept in a neat, clean and orderly condition, lighted and landscaped, and shall repair any damage to the facilities thereof, but all costs and expenses incurred by Landlord in connection therewith shall be charged to the tenants of the Center and prorated in the manner hereinafter set forth. The parties acknowledge and agree that the term "costs and expenses incurred" shall mean all sums expended by Landlord for payment of all work deemed necessary by Landlord for the operation, maintenance, replacement and repair of the Common Areas, including the following (the specific recitation of which shall not be deemed to limit the definition of such costs and expenses): resurfacing, restriping, cleaning and sweeping the parking areas; painting, janitorial services, maintenance, repair and replacement when necessary of sidewalks, curbs, bumpers, all Center signs, planting and landscaping, and lighting and other utilities; operation, maintenance and repair of any common fire protection systems, automatic sprinkler systems and storm drainage systems; personnel to implement such services, including the cost of security guards; police and fire protection services; any Taxes and assessments imposed by governmental agencies; costs of utility services; depreciation on maintenance and operating machinery and equipment, if owned, and rent paid for such machinery and equipment if rented; public liability and property damage insurance on the Common Areas; worker's compensation insurance for personnel; and an amount equal to ten percent of the aforementioned expenses for each calendar year to Landlord for Landlord's administration and supervision of the Common Areas. Landlord may cause any or all of such services to be provided by an independent contractor or contractors. For purposes of this Section 18.8, the cost of "personnel to implement services" shall mean the cost of personnel to supervise or conduct on-site maintenance and repair services. If Landlord uses its own employees for such services their compensation chargeable as Common Area costs shall be limited to that which does not substantially exceed the compensation payable for similar services in the area where the Center is located. Off-site bookkeeping and administrative expenses of Landlord shall not be included in Common Area expenses.. ARTICLE 19