Exclusions from Basic Costs Clause Samples
Exclusions from Basic Costs. Basic Costs shall exclude or have deducted from them, as the case may be:
(1) salaries and other compensation and benefits to employees above the grade of manager;
(2) amounts received by Landlord through proceeds of insurance or from other persons or entities (other than other tenants, which are covered in clause (7) below) to the extent they are compensation for sums previously included in Basic Costs;
(3) cost of repairs or replacements incurred by reason of fire or other casualty or condemnation and the amount of any deductible, if applicable, maintained by Landlord under any casualty insurance for the Building;
(4) costs incurred in performing any alterations, repairs, installations or work (collectively, “Work”) or furnishing services or utilities for any tenant, whether at such tenant’s or Landlord’s expense, to the extent that such Work or service is in excess of any Work or service or utilities that Landlord is obligated to furnish to Tenant at Landlord’s expense;
(5) refinancing costs and interest on debt and amortization payments on any mortgage financing or other debt;
(6) leasing commissions, rental concessions and lease buy-outs and other expenses incurred in connection with leasing space in the Building, including, without limitation, work or alterations to any tenantable space in the Building;
(7) any expense for which Landlord is entitled to be reimbursed by any tenant as an additional charge in excess of Base Rental and Tenant’s Pro Rata Share of Basic Costs;
(8) amortization and depreciation, except as otherwise specifically provided;
(9) overhead and profit increment paid to subsidiaries or affiliates of Landlord for services, management, supplies or other materials to the extent that such costs exceed the costs of such services, management supplies or other materials were they not rendered by such affiliate or subsidiary;
(10) rental under any ground or underlying lease;
(11) professional fees not allocated to the operation or management of the Building and professional fees allocable to disputes with, or preparation of leases, guarantees, surrender agreements, consents, amendments or other similar agreements for, tenants and prospective tenants or allocable to disputes with brokers or any other persons or entities involved in the leasing or preparation of space for such tenants;
(12) advertising and promotional expenses with respect to the Building;
(13) franchise, estate or income taxes imposed upon the income of Landlord;
(14) any c...
Exclusions from Basic Costs. Basic Costs shall not include the cost of capital improvements (except as above set forth), depreciation, interest (except as provided above with respect to the amortization of capital improvements) lease commissions, and principal payments on mortgage and other
Exclusions from Basic Costs. The following items are specifically excluded from the definition of Basic Costs: (i) interest (except as otherwise allowed herein); (ii) depreciation; (iii) penalties and fines; (iv) marketing expenses and commissions; (v) costs of services or labor provided solely and directly to specific tenants at the Building, including, but not limited to tenant improvement costs; (vi) organizational expenses associated with the creation and operation of the entity which constitutes Landlord; (vii) general or special assessments levied against the owner of the Building for public improvements which are not currently due; (viii) capital improvements except as set forth in subparagraph (a) above; and (ix) leasing commissions.
Exclusions from Basic Costs. Basic Costs shall not include the cost of capital improvements (except as above set forth), depreciation, interest (except as provided above with respect to the amortization of capital improvements) lease commissions, and principal payments on mortgage and other non-operating debts of Landlord.
Exclusions from Basic Costs. Notwithstanding anything to the contrary contained herein, for purposes of this Lease, the term “Basic Costs” shall not include the following:
(i) costs (including permit, license, and inspection fees) incurred in renovating, improving, decorating, painting, or redecorating vacant space or space for other tenants within the Building;
(ii) leasing commissions, advertising expenses, legal fees and other costs incurred in connection with the original leasing of the Project or future re-leasing of any portion of the Project;
(iii) depreciation of the Building or any other improvements situated within the Project (except as permitted above with respect to Permitted Capital Expenses);
(iv) any items for which Lessor is actually and directly reimbursed by any other tenant of the Project;
(v) costs of repairs or other work necessitated by fire, windstorm or other casualty (excluding any deductibles) and/or costs of repair or other work necessitated by the exercise of the right of eminent domain to the extent insurance proceeds or a condemnation award, as applicable, is actually received by Lessor for such purposes;
(vi) other than any interest charges as expressly provided for in this Lease, any interest or payments on any financing or mortgage debt for any portion of the Project, interest and penalties incurred as a result of Lessor’s late payment of any invoice, and any bad debt loss, rent loss or reserves for same;
(vii) any payments under a ground lease or master lease;
(viii) overhead and profit paid to subsidiaries or affiliates of Lessor for management or other services on or to the Project or for supplies or other materials, to the extent the amounts incurred are in excess of those which would have been incurred if such supplies, or services were obtained from unrelated third parties;
(ix) costs associated with the operation of the corporation or other entity which constitutes the Lessor, as distinguished from costs of operation of the Project;
(x) any cost related to any Hazardous Substance not caused to be present by Lessee or any Lessee Party;
(xi) costs arising from the replacement of the roof, foundation, or structural elements of the improvements comprising the Building;
(xii) the cost of services provided to tenants materially in excess of services customarily provided to Lessee, whether or not Lessor is entitled to reimbursement therefore, or expenses attributable solely to retail tenants; and
(xiii) Lessor’s legal costs and expenses in connection ...
Exclusions from Basic Costs. Notwithstanding anything to the contrary contained herein, for purposes of this Lease, the term “Basic Costs” shall not include the following: (i) costs (including permit, license, and inspection fees) incurred in renovating, improving, decorating, painting, or redecorating vacant space or space for other tenants within the Building; (ii) leasing commissions, advertising expenses, legal fees and other costs incurred in connection with the original leasing of the Project or future re-leasing of any portion of the Project;
Exclusions from Basic Costs. Notwithstanding any provision herein to the contrary, Basic Costs shall not include the following:
(1) Any ground lease rental;
(2) Costs of Capital Improvements, except for those Capital Improvements specifically permitted in the definition of Basic Costs above (See C.11 above), and rentals for items (except when needed in connection with normal repairs and maintenance of permanent systems) which if purchased, rather than rented, would constitute a Capital Improvement (excluding, however, equipment not affixed to the Building which is used in providing janitorial or similar services);