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...
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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
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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.
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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.
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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 ...
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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;
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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);
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Related to Exclusions from Basic Costs

  • Exclusions from Operating Expenses Notwithstanding the above, Operating Expenses shall not include the following: (i) Interest, principal, depreciation, and other lender costs and closing costs on any mortgage or mortgages, ground lease payments, or other debt instrument encumbering the Building; (ii) Any bad debt loss, rent loss, or reserves for bad debt or rent loss; (iii) Costs associated with operation of the business of the ownership of the Building or entity that constitutes Landlord or Landlord’s property manager, as distinguished from the cost of Building operations, including the costs of partnership or corporate accounting and legal matters; defending or prosecuting any lawsuit with any mortgagee, lender, ground lessor, broker, tenant, occupant, or prospective tenant or occupant; selling or syndicating any of Landlord’s interest in the Building; and disputes between Landlord and Landlord’s property manager; (iv) Landlord’s general corporate or partnership overhead and general administrative expenses, including the salaries of management personnel who are not directly related to the Building and primarily engaged in the operation, maintenance, and repair of the Building, except to the extent that those costs and expenses are included in the management fees; (v) Advertising, promotional expenditures and leasing expenses primarily directed toward leasing space in the Building; (vi) Leasing commissions, space-planning costs, attorney fees and costs, disbursements, and other expenses incurred in connection with leasing, other negotiations, or disputes with tenants, occupants, prospective tenants, or other prospective occupants of the Building, or associated with the enforcement of any leases; (vii) Charitable or political contributions; (viii) Costs for which Landlord is reimbursed; (ix) Fees paid to any affiliate or party related to Landlord to the extent such fees exceed the charges for comparable services rendered by unaffiliated third parties of comparable skill, stature and reputation in the same market; and (x) Any management fee payable to Landlord or any third parties in excess of five percent (5%) of the Operating Expenses. As to the costs of capital improvements, replacements, repairs, equipment and other capital costs, all such costs shall be included in Operating Expenses but shall be amortized over the reasonable useful life of such improvement, replacement, repair or equipment in accordance with generally accepted accounting principles together with interest at the prime rate on the unamortized balance.

  • Exclusions from Coverage The Long-Term Disability Plan does not cover total disabilities resulting from: A) war, insurrection, rebellion, or service in the armed forces of any country; B) voluntary participation in a riot or civil commotion, except while an employee is in the course of performing the duties of her regular occupation; C) intentionally self-inflicted injuries or illness.

  • EXCLUSIONS FROM WARRANTY This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.

  • Exclusions from Indemnification Notwithstanding anything in this Agreement to the contrary, the Company shall not be obligated to: (a) indemnify or advance funds to Indemnitee for Expenses or Losses with respect to proceedings initiated by I▇▇▇▇▇▇▇▇▇, including any proceedings against the Company or its directors, officers, employees or other indemnitees and not by way of defense, except: (i) proceedings referenced in Section 4 above (unless a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such proceeding was not made in good faith or was frivolous); or (ii) where the Company has joined in or the Board has consented to the initiation of such proceedings; (b) indemnify Indemnitee if a final decision by a court of competent jurisdiction determines that such indemnification is prohibited by applicable law; (c) indemnify Indemnitee for the disgorgement of profits arising from the purchase or sale by Indemnitee of securities of the Company in violation of Section 16(b) of the Exchange Act, or any similar successor statute; or (d) indemnify or advance funds to Indemnitee for Indemnitee’s reimbursement to the Company of any bonus or other incentive-based or equity-based compensation previously received by Indemnitee or payment of any profits realized by Indemnitee from the sale of securities of the Company, as required in each case under the Exchange Act (including any such reimbursements under Section 304 of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 in connection with an accounting restatement of the Company or the payment to the Company of profits arising from the purchase or sale by Indemnitee of securities in violation of Section 306 of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act).

  • Exclusions from General Release Excluded from the Release and Waiver are any claims or rights arising pursuant to this Agreement and any claims or rights that cannot be waived by law, as well as Executive’s right to file a charge with an administrative agency or participate in any agency investigation, including with the Equal Employment Opportunity Commission. Executive is, however, waiving the right to recover any money in connection with a charge or investigation and the right to recover any money in connection with a charge filed by any other individual or by the Equal Employment Opportunity Commission or any other federal or state agency, except where such waivers are prohibited by law.