Exclusions to Operating Expenses. Notwithstanding the provisions of Section 4.2.7.1 above, for purposes of this Lease, Operating Expenses shall not, however, include:
Exclusions to Operating Expenses. In addition to any exclusions to Operating Expenses set forth in Section 4.2.4 above, the following shall also not be included in Operating Expenses: (i) costs, including marketing costs, legal fees, space planners' fees, advertising and promotional expenses, and brokerage fees incurred in connection with the leasing of the Building, and costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements made for tenants occupying space in the Building; (ii) 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; (iii) depreciation and other "non-cash" items; (iv) costs, fines, interest and penalties incurred due to the late payment of Taxes; (v) interest and principal payments on mortgages and other debt costs, if any; (vi) costs for which Landlord is actually reimbursed (x) by any tenant or occupant of the Building, or (y) by insurance by its carrier or any tenant's carrier or by anyone else; (vii) any bad debt loss, rent loss, or other reserves of any kind or nature; (viii) management fees in excess of three percent (3%) of the annual gross revenues of the leases in the Building, (ix) costs associated with the operation of the business of the partnership or entity which constitutes Landlord include costs of partnership, accounting and legal matters (excluding accounting and legal matters related to the Building), costs of defending any lawsuits with any mortgagee, costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord's interest in the Building, and costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants, and Landlord's general corporate overhead and general and administrative expenses; (x) [intentionally deleted] (xi) the cost of any services in the Building provided by Landlord or any Landlord Affiliate (as defined below) to the extent the same exceeds the costs of such services rendered by qualified, unaffiliated third parties on a competitive basis in the San Francisco area (as used herein, a "Landlord Affiliate" shall mean an entity that (i) controls, is controlled by or is under common control with, Landlord, or (ii) acquires all or substantially all of the busine...
Exclusions to Operating Expenses. Operating Expenses do not include: --------------------------------
Exclusions to Operating Expenses. Notwithstanding anything contained in the definition of Operating Expenses as set forth in Subsection 4.1(b) of this Lease, Operating Expenses shall not include the following:
Exclusions to Operating Expenses. Notwithstanding the provisions of Section 4.2.7.1 above, for purposes of this Lease, Operating Expenses shall not, however, include: XXXXXXXXX XXXXXX XXXXXXXX III [Quality Systems, Inc.]
Exclusions to Operating Expenses. The following items will be excluded from the definition of Operating Expenses as set forth in Section 13 of the Lease:
Exclusions to Operating Expenses. Notwithstanding the foregoing, it is agreed that Annual Operating Costs shall not include:
Exclusions to Operating Expenses. Notwithstanding anything in the Lease to the contrary, the parties agree that “Operating Expenses” shall expressly exclude the following:
Exclusions to Operating Expenses. OPERATING COSTS SPECIFICALLY DO NOT INCLUDE THE FOLLOWING: a) PRINCIPAL AND INTEREST PAYMENTS OF DEBT; b) GROUND LEASE PAYMENTS; c) DEPRECIATION; d) COSTS PROPERLY CHARGEABLE TO THE CAPITAL ACCOUNT, EXCEPT FOR CAPITAL EXPENDITURES TO THE EXTENT TO WHICH THEY REDUCE OPERATING EXPENSES; e) LANDLORD'S COSTS OF ANY SERVICE SOLD TO ANY TENANT OR OCCUPANT OF THE BUILDING FOR WHICH LANDLORD IS REIMBURSED AS AN ADDITIONAL CHARGE OVER AND ABOVE THE RENT PAYABLE WITH ANY TENANT, OTHER THAN BY VIRTUE OF THE PASS THROUGH OF BASIC OPERATING COSTS TO TENANTS OF THE BUILDING; f) ATTORNEY FEES, COSTS AND DISBURSEMENTS INCURRED IN CONNECTION WITH NEGOTIATIONS OR DISPUTES WITH OTHER TENANTS IN THE BUILDING; g) COST OF ANY ITEM FOR WHICH LANDLORD IS PAID OR REIMBURSED BY INSURANCE, WARRANTIES OR CONDEMNATION PROCEEDS; h) EXECUTIVE PARTNER OR BOARD MEMBER SALARIES; i) MARKETING AND ADVERTISING EXPENSES; j) REAL ESTATE BROKERS COMMISSIONS; k) THE COST OF INITIAL CONSTRUCTION OF THE BUILDING, AND ALL BASE BUILDING SYSTEMS, INCLUDING THE INITIAL PAVING, STRIPING THE PARKING AREA, LANDSCAPING, SIDEWALKS, CURBS, GUTTERS AND WALKWAYS. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.13. or 7.C. above, Tenant shall have the right, not later than ONE HUNDRED AND EIGHTY (180) days following the receipt of such statement and upon condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise, the cost of such audit shall be paid by Tenant. If Tenant shall not request AND COMPLETE an audit in accordance with the provisions of this Paragraph 7.E. within ONE HUNDRED AND EIGHTY (180) days of receipt of Landlord's statement provided pursuant to Paragraph 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.
Exclusions to Operating Expenses. Operating Expenses shall not include repairs and general maintenance paid from proceeds of insurance or by a tenant or other third parties, and alterations attributable solely to individual tenants of the Property. Further, Operating Expenses shall not include the cost of capital improvements such as to replace the roof and HVAC systems not used solely for the Premises (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. Capital improvements are more specifically defined as:
