Exclusions from Operating Costs. Operating Costs will not include the following: (a) original construction costs of the Building or Project; (b) Real Estate Taxes; (c) depreciation of the Building (except as otherwise provided herein); (d) payments of principal and interest on any mortgages, deeds of trust, or other encumbrances on the Building; (e) costs to paint, decorate, or renovate a specific tenant’s space (specifically excluding base building improvements and systems and the common areas of the Project), unless such items are similarly provided to, or benefit generally, other tenants in the Building; (f) costs to repair, restore, or replace any item in the Building, to the extent Landlord is actually reimbursed therefore by proceeds from insurance, warranties, condemnation, a tenant of the Building or a third party; (g) leasing commissions, attorneys’ fees, space planning costs, permitting costs, license and inspection costs, moving costs and advertising or promotional costs Landlord incurs to lease space in the Building to tenants or prospective tenants of the Building; (h) any ground lease rental; (i) the cost of any capital improvements made by Landlord to the Building and/or Project, or capital assets acquired by Landlord after the Lease Commencement Date in order to comply with any local, state or federal law, ordinance, rule, regulation, code or order of any governmental entity or insurance requirement, including but not limited to, the Americans with Disability Act (each a “Legal Requirement” and collectively, the “Legal Requirements”) with which the Building and/or Project was required to comply at the Lease Commencement Date; (j) attorneys’ fees with respect to disputes with other tenants in the Building or Project; (k) all items or services for which another tenant of the Building reimburses Landlord (other than through Operating Costs); (l) Landlord’s general corporate overhead (except to the extent management/administrative fees are otherwise permitted in this Lease); (m) electric power costs for which any tenant directly contracts with the local public utility service; (n) all costs of Landlord’s political or charitable contributions; (o) interest or penalties arising from Landlord’s late payment of any costs relating to the Project (unless resulting from Tenant’s late payment to Landlord); (p) costs, fees, and charges paid to Landlord or Landlord’s affiliates for services in connection with the Building or Project to the extent such charges exceed the charges for comp...
Exclusions from Operating Costs. Operating Costs shall not include:
Exclusions from Operating Costs. Notwithstanding anything in this Lease to the contrary, the following items shall be excluded from the definition of Operating Costs:
Exclusions from Operating Costs. Operating Costs shall not include any of the following: ground rent; interest and amortization of funds borrowed by Landlord for items other than capital improvements; leasing commissions and advertising and space planning expenses incurred in procuring tenants; and salaries, wages, or other compensation paid to officers or executives of Landlord in their capacities as officers and executives.
Exclusions from Operating Costs. Notwithstanding anything to the contrary set forth in the Lease, neither Complex Operating Costs nor Building Operating Costs (collectively, "Operating Costs") shall include the following:
Exclusions from Operating Costs. Notwithstanding the foregoing, Operating Costs shall not include:
Exclusions from Operating Costs. The following shall be excluded from Operating Costs as determined pursuant to Section 7.07:
Exclusions from Operating Costs. Operating Costs shall not include any of the following: ground rent; interest and amortization of funds borrowed by Landlord for items other than capital improvements; leasing commissions and advertising and space planning expenses incurred in procuring tenants; costs incurred by Landlord to the extent that Landlord is actually reimbursed by insurance proceeds or is otherwise actually reimbursed by another third party (in each case less costs of recovery, which shall be included in Operating Costs); costs incurred by Landlord due solely to the violation by Landlord or any other tenant of the terms and conditions of any lease of space in the Building; Landlord’s general corporate overhead and administrative expenses not directly attributable to the operation and management of the Building, except to the extent included in the management fee permitted hereby; costs to the extent arising from the negligence or willful misconduct of Landlord or Landlord’s Agents as finally determined by judgment of a court of competent jurisdiction which is not subject to appeal; and salaries, wages, or other compensation paid to officers or executives of Landlord in their capacities as officers and executives. Gross-Up Provision: If less than ninety-five hundred percent (95%) of the net rentable area of the Building is occupied by tenants at all times during any Year, then Operating Costs for such Year may include all additional costs and expenses that Landlord reasonably determines would have been incurred had ninety-five hundred percent (95%) of the Building been occupied at all times during such Year by tenants.
Exclusions from Operating Costs. Notwithstanding any provisions herein to the contrary, "EXCLUSIONS FROM OPERATING COSTS" shall mean (and Operating Costs shall not include) the following costs:
Exclusions from Operating Costs. Notwithstanding anything to the contrary contained in Section 4.3(a), Operating Costs shall not include (in addition to any other exclusions therefrom specifically provided above) the following:
