Common use of Exclusions from Basic Costs Clause in Contracts

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 costs and compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (15) expenditures (whether by purchase or rental) for capital improvements, machinery or equipment not specifically permitted herein; (16) costs incurred by reason of a default or violation by Landlord or any of Landlord’s agents, contractors, employees, subsidiaries and/or affiliates of its obligations under any lease of a portion of the Building, including this Lease; (17) capital costs to comply with governmental laws or regulations in effect as of the date of this Lease; (18) costs of removing any asbestos or other Environmental Pollutants in the Building; (19) Landlord’s general corporate overhead and general and administrative expenses; (20) any liability, damage, award or judgment for injury or death to persons, or for property damage; and (21) management fees in excess of those that are customary for the management of buildings similar to the Project and located in Santa Ana, California.

Exclusions from Basic Costs. Basic Costs shall exclude or have deducted from themnot include the cost of capital improvements (except as above set forth), depreciation, interest (except as provided above with respect to the case may beamortization of capital improvements), lease commissions, and principal payments on mortgage and other non-operating debts of Landlord. Basic Costs shall also exclude: (1) salaries and Repairs or other compensation and benefits to employees above work occasioned by (i) fire, windstorm, or other casualty of the grade of manager; type which Landlord has insured (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 that Landlord has received insurance proceeds and provided that the amount of any deductible paid by Landlord shall be included in Basic Costs; ), or (3ii) cost the exercise of repairs or replacements incurred by reason the right 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; eminent domain (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 repairs or service is in excess other work are covered by the proceeds of any Work or service or utilities that Landlord is obligated to furnish to Tenant at the award, if any, received by Landlord’s expense); (52) refinancing costs and interest on debt and amortization payments on any mortgage financing or other debt; (6) leasing Leasing commissions, rental concessions brochures, marketing supplies, attorney's fees, costs, and lease buy-outs disbursements and other expenses incurred in connection with leasing negotiation of leases with prospective tenants; 3) Rental concessions granted to specific tenants and expenses incurred in renovating or otherwise improving or decorating, painting, or redecorating space for specific tenants, other than ordinary repairs and maintenance provided to all tenants; 4) Landlord's costs of electricity and other services sold or provided to tenants in the Building, including, without limitation, work or alterations to any tenantable space in the Building; (7) any expense Building and for which Landlord is entitled to be reimbursed by any tenant such tenants as an a separate additional charge in excess of Base Rental or rental over and Tenant’s Pro Rata Share of Basic Costsabove the base rental or additional base rental payable under the lease with such tenant; (8) amortization and depreciation, except as otherwise specifically provided; (95) overhead Overhead and profit increment paid to subsidiaries or other affiliates of Landlord for servicesservices on or to the Property, management, supplies or other materials Building and\or Premises to the extent only that such costs exceed the costs of such servicesservices exceed the competitive cost for such services rendered by persons or entities of similar skill, management supplies competence and experience; 6) All items (including repairs) and services for which Tenant or other materials were they not rendered by such affiliate tenants pay directly to third parties or subsidiaryfor which Tenant or other tenants reimburse Landlord (other than through Basic Costs); (107) rental under any ground or underlying leaseAdvertising and promotional expenditures; (11) professional fees not allocated to 8) Costs incurred in connection with the operation sale, financing, refinancing, mortgaging or management sale of the Building or Property, including brokerage commissions, attorneys' and professional fees allocable to disputes withaccountants' fees, or preparation of leasesclosing costs, guaranteestitle insurance premiums, surrender agreements, consents, amendments or other similar agreements for, tenants transfer taxes 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 tenantsinterest charges; (129) advertising and promotional expenses with respect Costs, fines, interest, penalties, legal fees or costs of litigation incurred due to the Building; (13) franchiselate payments of taxes, estate or income taxes imposed upon the income of Landlord; (14) any costs utility bills and compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (15) expenditures (whether by purchase or rental) for capital improvements, machinery or equipment not specifically permitted herein; (16) costs incurred by reason Landlord's failure to make such payments when due unless such failure is due to Landlord's good faith and reasonable efforts in contesting the amount of a default or violation such payments; 10) Costs incurred by Landlord or any of for trustee's fees, partnership organizational expenses and accounting fees to the extent relating to Landlord’s agents, contractors, employees, subsidiaries and/or affiliates of its obligations under any lease of a portion of the Building, including this Lease; (17) capital costs to comply with governmental laws or regulations in effect as of the date of this Lease; (18) costs of removing any asbestos or other Environmental Pollutants in the Building; (19) Landlord’s 's general corporate overhead and general and administrative expenses; 11) Any penalties or liquidated damages that Landlord pays to Tenant under this Lease or to any other tenants in the Development under their respective leases; 12) Attorney's fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants or other occupants of the Building or with prospective tenants (20) any liabilityother than attorney's fees, damage, award or judgment for injury or death costs and disbursements and other expenses incurred by Landlord in seeking to persons, or for property damage; and (21) management fees in excess of those that are customary for the management of buildings similar to the Project enforce Building rules and located in Santa Ana, Californiaregulations).

Exclusions from Basic Costs. Basic Costs shall exclude or have deducted from themnot include the cost of capital improvements (except as above set forth), depreciation, interest (except as provided above with respect to the case may beamortization of capital improvements), lease commissions, and principal payments on mortgage and other non-operating debts of Landlord. Basic Costs shall also exclude: (1) salaries and Repairs or other compensation and benefits to employees above work occasioned by (i) fire, windstorm, or other casualty of the grade of manager; type which Landlord has insured (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 that Landlord has received insurance proceeds and provided that the amount of any deductible paid by Landlord shall be included in Basic Costs; ), or (3ii) cost the exercise of repairs or replacements incurred by reason the right 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; eminent domain (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 repairs or service is in excess other work are covered by the proceeds of any Work or service or utilities that Landlord is obligated to furnish to Tenant at the award, if any, received by Landlord’s expense); (52) refinancing costs and interest on debt and amortization payments on any mortgage financing or other debt; (6) leasing Leasing commissions, rental concessions brochures, marketing supplies, attorney's fees, costs, and lease buy-outs disbursements and other expenses incurred in connection with leasing negotiation of leases with prospective tenants; 3) Rental concessions granted to specific tenants and expenses incurred in renovating or otherwise improving or decorating, painting, or redecorating space for specific tenants, other than ordinary repairs and maintenance provided to all tenants; 4) Landlord's costs of electricity and other services sold or provided to tenants in the Building, including, without limitation, work or alterations to any tenantable space in the Building; (7) any expense Building and for which Landlord is entitled to be reimbursed by any tenant such tenants as an a separate additional charge in excess of Base Rental or rental over and Tenant’s Pro Rata Share of Basic Costsabove the base rental or additional base rental payable under the lease with such tenant; (8) amortization and depreciation, except as otherwise specifically provided; (95) overhead Overhead and profit increment paid to subsidiaries or other affiliates of Landlord for servicesservices on or to the Project, managementProperty, supplies Building or other materials Premises to the extent only that such costs exceed the costs of such services, management supplies or other materials were they not services exceed the competitive cost for such services 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 of similar skill, competence and experience. 6) All items (including repairs) and services for which Tenant or preparation of space other tenants pay directly to third parties or for such tenantswhich Tenant or other tenants reimburse Landlord (other than through Basic Costs); (127) advertising Advertising and promotional expenses with respect to the Buildingexpenditures; (13) franchise8) Costs incurred in connection with the sale, estate financing, refinancing, mortgaging or income taxes imposed upon the income of Landlord; (14) any costs and compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; (15) expenditures (whether by purchase or rental) for capital improvements, machinery or equipment not specifically permitted herein; (16) costs incurred by reason of a default or violation by Landlord or any of Landlord’s agents, contractors, employees, subsidiaries and/or affiliates of its obligations under any lease of a portion sale of the Building, Property or Project, including this Leasebrokerage commissions, attorneys' and accoutants' fees, closing costs, title insurance premiums, transfer taxes and interest charges; (179) capital Costs, fines, interest, penalties, legal fees or costs of litigation incurred due to comply with governmental laws or regulations the late payments of taxes, utility bills and other costs incurred by Landlord's failure to make such payments when due unless such failure is due to Landlord's good faith and reasonable efforts in effect as contesting the amount of the date of this Leasesuch payments; (1810) costs of removing any asbestos or other Environmental Pollutants in Costs incurred by Landlord for trustee's fees, partnership organizational expenses and accounting fees to the Building; (19) extent relating to Landlord’s 's general corporate overhead and general and administrative expenses; 11) Any penalties or liquidated damages that Landlord pays to Tenant under this Lease or to any other tenants in the Development under their respective leases; 37 12) Attorney's fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants or other occupants of the Building, Property or Project, or with prospective tenants (20other than attorney's fees, costs and disbursements and other expenses incurred by Landlord in seeking to enforce Building rules and regulations). 13) any liability, damage, award payments under a ground lease or judgment for injury or death to persons, or for property damage; and (21) management fees in excess of those that are customary for the management of buildings similar master lease relating to the Project and located in Santa AnaBuilding, CaliforniaProperty or Project.