Insurance Costs. Operating Costs shall not include legal, accounting or other professional expenses incurred expressly for negotiating, preparing or enforcing a lease with a particular tenant, or as a result of a default of a specific tenant. Operating Costs shall further exclude the following: (a) interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the Complex; (b) such of the Operating Costs as are recovered from insurance proceeds or which were required by this Lease to be covered by insurance or which were paid for directly by Tenant or any third party; (c) Costs arising from Landlord's charitable or political contributions; (d) Brokers' or other leasing commissions and costs incurred in connection with entering into new leases or disputes under existing leases; (e) costs associated with bad debt losses; (f) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants at the Complex; (g) depreciation and amortization on any mortgage; (h) any ground lease or underlying lease payments; (i) marketing costs including leasing commissions, attorneys' fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Complex; (j) costs for acquisition of sculpture, paintings or other objects of art, except to the extent to replace, when necessary, any sculpture, paintings or other objects of art existing at the Complex as of the date of this Lease so long as such item replaced is of like kind and quality; (k) any costs, fines or penalties incurred due to violations by Landlord of any legal requirement which may have been in effect as of the Commencement Date of this Lease; (l) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants in the Building; (m) expenses for tenant improvement work or allowances, inducements, and other concessions for any tenant; (n) the cost of any repairs, improvements, or replacements made to remedy any structural defect in the original structural design or construction of the Building or other buildings in the Complex; and (l) capital expenditures which are not included in the definition of Capital Costs set forth above.
Appears in 2 contracts
Sources: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Insurance Costs. Operating Costs shall not include legal, accounting or other professional expenses incurred expressly for negotiating, preparing or enforcing a lease with a particular tenant, or as a result of a default of a specific tenant. Operating Costs shall further exclude the following:
(a) interestInterest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering any portion of the Complex;
(b) such of the Operating Costs as are recovered from condemnation awards or proceeds, or insurance proceeds or which were required by this the Lease to be covered by insurance or which were paid for directly by Tenant or any third party;
(c) Costs arising from Landlord's ’s charitable or political contributions;
(d) Brokers' ’ or other leasing commissions and costs incurred in connection with entering into new leases or disputes under existing leases, including without limitation tenant incentives, finders’ fees, attorneys’, accountants’ and other consultants’ fees;
(e) costs associated with bad debt losses, rent losses, or reserves for bad debt or rent losses;
(f) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants at in the ComplexBuilding;
(g) depreciation and amortization on any mortgage;
(h) any ground lease or underlying lease payments;
(i) marketing costs including leasing commissions, attorneys' ’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the ComplexBuilding;
(j) costs for acquisition of sculpture, paintings or other objects of art, except to the extent to replace, when necessary, any sculpture, paintings or other objects of art existing at the Complex as of the date of this Lease so long as such item replaced is of like kind and quality;
(k) any costs, fines or penalties incurred due to violations by Landlord of any legal requirement which may have been in effect as of the Commencement Date of this Lease;
(l) Costs incurred (A) to comply with applicable laws with respect to “Hazardous Material” (as defined below) which was in existence in, on, under or about the Building or the Complex prior to the Commencement Date, or (B) with respect to Hazardous Material, which Hazardous Material is brought into, on, under or about the Building or the Complex after the date hereof due to the acts or omissions of Landlord or any other tenant of the Complex or by anyone other than Tenant;
(m) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants in the Building;
(mn) expenses for tenant improvement work for any tenant or allowances“improvement allowances or “tenant concessions” and other costs or expenses incurred in completing, inducementsfixturing, furnishing, renovating or otherwise improving, decorating or redecorating space for tenants or other occupants of the Complex, or vacant lease space in the Complex (including but not limited to space planning fees, architects, engineers’ and other consultants’ fees and costs, and other concessions for any tenantrelated permit, license and construction costs);
(no) the cost of any repairs, improvements, or replacements made to remedy any structural defect in the original structural design or construction of the Building or other buildings in the Complex.
(p) The wages and benefits of any employee who does not devote his or her employed time to the Complex unless such wages and benefits are prorated to reflect time spent on operating and managing the Complex vis-à-vis time spent on matters unrelated to operating and managing the Complex;
(q) Landlord’s general corporate overhead and general and administrative expenses;
(r) Any costs in connection with services of a type or quantity which are not offered or available to Tenant, but which are provided to another tenant or occupant of the Complex, whether or not such other tenant or occupant is specifically charged therefore by Landlord;
(s) Any fee to or charge by Landlord and Landlord’s agents (or any person or entity affiliated with Landlord or Landlord’s agents) for management or supervision of the Complex in excess of the amounts provided in paragraph (10) above;
(t) Costs associated with the operation of the business of the person or entity which constitutes Landlord as the same are distinguished from the costs of operation of the Complex, including entity accounting and legal matters, costs of defending any lawsuits with any lender, costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord’s interest in the Complex, costs of any disputes between Landlord and its employees, disputes of Landlord with Building management, or outside fees paid in connection with disputes with other tenants;
(u) Reserves for future expenses except for actual expenses anticipated to be incurred during the ensuing year and included in Landlord’s estimate of Operating Expenses for such ensuring year;
(v) All interest, late charges, penalties and other amounts incurred as a result of Landlord’s failure to pay bills as they become due, provided, Tenant pays all Rent as and when due;
(w) rental payments incurred in leasing air conditioning systems, elevators or other equipment ordinarily considered to be of a capital nature which if purchased, rather than rented, would constitute a capital improvement and not permitted to be a Capital Cost as provided in paragraph (22) above, except rentals for items when needed in connection with normal repairs and maintenance;
(x) Repairs or replacements for which Tenant is obligated to pay under this Lease other that as part of Tenant’s share of Operating Costs or for which other tenants are obligated to pay other than as part of such other tenants’ share of Operating Costs;
(y) Any costs related to the Structural portion of the Building, including without limitation any test, investigation and repairs or other remedial measures, whether or not required pursuant to applicable laws enacted before or after the Commencement Date.
(z) Costs arising from the gross negligence or willful misconduct of Landlord or Landlord’s employees, contractors or agents;
(aa) Overhead and profit increment paid to Landlord or to subsidiaries or affiliates of Landlord for goods and/or services in or to the Complex to the extent the same exceeds the costs of such goods and/or services rendered by unaffiliated third parties on a fair market basis;
(bb) legal, accounting or other professional expenses incurred expressly for negotiating, preparing or enforcing a lease with a particular tenant, as a result of a default of a specific tenant or in connection with a dispute with a tenant or proposed or former tenant;
(cc) costs for utilities and services for which a tenant in the Building pays directly to third party providers or are reimbursed to Landlord directly other than as part of such tenant’s pro rata share of operating expenses;
(dd) Landlord’s in-house legal fees;
(ee) costs incurred with respect to the repair and maintenance of any portions of the Complex, Building or Common Areas due to (1) violation by Landlord of the terms and conditions of any provision of this Lease or any other lease in the Building or any conditions, covenants, restrictions, easement agreements and similar private contracts; or (2) violation by any other tenant in the Building of the terms and conditions of any lease of space in the Building to the extent that Landlord is entitled to recover such costs from such violating parties; or (3) violation by Landlord of any governmental rule or authority;
(ff) legal fees and other costs incurred in connection with disputes with tenants, other occupants, or prospective tenants or other occupants of the Complex, including but not limited to all attorneys’ fees and costs of settlement and judgments;
(gg) Costs incurred in connection with the removal or remediation of any “Hazardous Materials” in the Building to cure a violation of any applicable “Environmental Laws” (as such terms are defined in Section 10.3); and
(lhh) capital expenditures which are Capital Costs not expressly included in the definition of Capital Costs set forth Operating Expenses pursuant to paragraph (22) above.
Appears in 2 contracts
Sources: Office Lease, Office Lease (Puma Biotechnology, Inc.)
Insurance Costs. Operating Costs shall not include legal, accounting or other professional expenses incurred expressly for negotiating, preparing or enforcing a lease with a particular tenant, or as a result of a default of a specific tenant. Operating Costs shall further exclude the following:
(a) interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the ComplexBuilding or the Premises;
(b) such of the Operating Costs as are recovered from insurance proceeds or which were required by this the Lease to be covered by insurance or which were paid for directly by Tenant or any third party other than as part of such party’s pro rata share of such costs;
(c) Costs arising from Landlord's ’s charitable or political contributions;
(d) Brokers' ’ or other leasing commissions and costs incurred in connection with entering into new leases or disputes under existing leases;
(e) costs associated with bad debt losses;
(f) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants at in the ComplexBuilding;
(g) depreciation and amortization on any mortgage;
(h) any ground lease or underlying lease payments;
(i) marketing costs including leasing commissions, attorneys' ’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the ComplexBuilding;
(j) costs for acquisition of sculpture, paintings or other objects of art, except to the extent to replace, when necessary, any sculpture, paintings or other objects of art existing at the Complex as of the date of this Lease so long as such item replaced is of like kind and quality;
(k) any costs, fines or penalties incurred due to violations by Landlord of any legal requirement which may have been in effect as of the Commencement Date of this LeaseLease or which arises thereafter (provided, however, that the cost of correcting such violation, as opposed to fines or penalties assessed in excess of such corrective costs and which would not be incurred but for such violation, shall be included in Operating Costs to the extent that such costs are not otherwise expressly excluded herein);
(l) expenses costs for any item the removal or service not abatement of Hazardous Materials to the extent required by applicable law to be removed or abated, excluding such Hazardous Materials for which Tenant is responsible under this Lease; provided, offered or available to Tenanthowever, but provided exclusively to certain other tenants that costs incurred in the Buildingremoval or abatement of de minimis amounts of Hazardous Materials customarily used in office buildings or used to operate motor vehicles and customarily found in parking facilities shall be included as Operating Costs;
(m) expenses for tenant improvement work or allowances, inducements, and other concessions for any tenant;; and
(n) the cost of any repairs, improvements, or replacements made to remedy any structural defect in the original structural design or construction of the Building or other buildings in the Complex; and
(l) capital expenditures which are . Notwithstanding anything to the contrary contained in this Lease, there shall be no duplication of costs, charges or expenses required to be paid by Tenant pursuant to this Lease, and Landlord shall not included in seek to recover more than 100% of the definition of Capital actual Operating Costs set forth aboveincurred.
Appears in 1 contract
Insurance Costs. Operating Costs shall not include legal, accounting or other professional expenses incurred expressly for negotiating, preparing or enforcing a lease with a particular tenant, or as a result of a default of a specific tenant. Operating Costs shall further exclude the following:
(a) interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the Complex;
(b) such of the Operating Costs as are recovered from insurance proceeds or which were required by this Lease to be covered by insurance or which were paid for directly by Tenant or any third party;
(c) Costs arising from Landlord's ’s charitable or political contributions;
(d) Brokers' ’ or other leasing commissions and costs incurred in connection with entering into new leases or disputes under existing leases;
(e) costs associated with bad debt losses;
(f) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants at the Complex;
(g) depreciation and amortization on any mortgage;
(h) any ground lease or underlying lease payments;
(i) marketing costs including leasing commissions, attorneys' ’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Complex;
(j) costs for acquisition of sculpture, paintings or other objects of art, except to the extent to replace, when necessary, any sculpture, paintings or other objects of art existing at the Complex as of the date of this Lease so long as such item replaced is of like kind and quality;
(k) any costs, fines or penalties incurred due to violations by Landlord of any legal requirement which may have been in effect as of the Commencement Date of this Lease;
(l) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants in the Building;
(m) expenses for tenant improvement work or allowances, inducements, and other concessions for any tenant;
(n) the cost of any repairs, improvements, or replacements made to remedy any structural defect in the original structural design or construction of the Building or other buildings in the Complex; and.
(lo) costs for the removal or abatement of Hazardous Materials to the extent required by applicable law to be removed or abated as of the Commencement Date but not removed or abated until after the Commencement Date, excluding such Hazardous Materials for which Tenant is responsible under this Lease; provided, however, that Operating Costs shall include (i) the costs of any routine monitoring of or testing for Hazardous Materials in, on, or about the Complex, and (ii) costs incurred in the cleanup or remediation of de minimis amounts of Hazardous Materials customarily used in office buildings or used to operate motor vehicles and customarily found in parking facilities shall be included as Operating Costs;
(p) costs to make any repairs to correct any defect to the Structural parts of the Building;
(q) except for the management fee to the extent allowed pursuant to item (10), above, overhead and profit increment paid to the Landlord or to subsidiaries or affiliates of the Landlord for services in the Complex to the extent the same exceeds the costs of such services rendered by qualified, first-class unaffiliated third parties on a competitive basis;
(r) the cost of any capital expenditures repairs, improvements and replacements made by the Landlord to the Complex which are required by applicable laws in effect prior to the Commencement Date; or
(s) costs arising from the gross negligence or willful misconduct of Landlord or its agents, employees, vendors, contractors, or providers of materials or services; or
(t) amounts incurred as a result of damage caused by earthquakes, to the extent (i) in excess of $1.00 per rentable square foot of the Building in any year, (ii) not included includable in Operating Costs as a permitted capital expenditure, and (iii) not required by applicable laws. Notwithstanding anything to the definition contrary contained in this Lease, there shall be no duplication of Capital Costs set forth abovecosts, charges or expenses required to be paid by Tenant pursuant to this Lease.
Appears in 1 contract
Insurance Costs. Operating Costs shall not include legal, accounting or other professional expenses incurred expressly for negotiating, preparing or enforcing a lease with a particular tenant, or as a result of a default of a specific tenant. Operating Costs shall further exclude the following:
(a) interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the Complex;
(b) such of the Operating Costs as are to the extent recovered from insurance insurance, condemnation or warranty proceeds or which were required by this Lease to be covered by insurance or to the extent for which were paid for directly by Tenant or any third party;
(c) Costs arising from Landlord's ’s charitable or political contributions;
(d) Brokers' ’ or other leasing commissions and costs incurred in connection with entering into new leases or disputes under existing leases;
(e) costs associated with bad debt losses, rent reserves, capital replacement reserves or reserves for future Operating Costs not anticipated to be incurred or paid during the next ensuing year;
(f) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants at the Complex;
(g) depreciation and amortization on any mortgage;
(h) any ground lease or underlying lease payments;
(i) marketing costs including leasing commissions, attorneys' ’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Complex;
(j) costs for acquisition of sculpture, paintings or other objects of art, except to the extent to replace, when necessary, any sculpture, paintings or other objects of art existing at the Complex as of the date of this Lease so long as such item replaced is of like kind and quality;
(k) any costs, fines or penalties incurred due to violations by Landlord of any legal requirement which may have been in effect as of the Commencement Date of this Lease;
(l) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants in the Building;
(m) expenses for tenant improvement work or allowances, inducements, and other concessions for any tenant;
(nl) the cost of any repairs, improvements, or replacements made to remedy any structural defect in the original structural design or construction of the Building or other buildings structures in the Complex; and;
(lm) the cost (including any amortization thereof) of any improvements or alterations which would be properly classified as capital expenditures which according to generally accepted property management practices, except for Capital Costs;
(n) executive salaries or benefits, or salaries or benefits for executive employees of Landlord to the extent in excess of the costs of services that typically are not included performed by a building manager, property manager, regional property manager or asset manager regardless of the actual title of the person performing such service;
(o) the cost of any abatement of Hazardous Materials (as defined below), provided, however, Operating Costs may include the costs attributable to those actions taken by Landlord in connection with the ordinary operation and maintenance of the Building, including costs incurred in removing limited amounts Hazardous Materials containing materials from common areas or other non-leasable space within the Building or Complex when such removal is directly related to such ordinary maintenance and operation;
(p) costs, penalties, interest, late fees, or fines arising from Landlord’s late payment of Operating Costs or Taxes or violation of any laws, except to the extent such costs reflect costs that would have been incurred by Landlord absent such violation;
(q) overhead and profit increments paid to subsidiaries or affiliates of Landlord for goods or services (including management services), to the extent that the cost thereof materially exceeds the amounts normally payable for similar goods or services under similar circumstances (taking into account the market factors in effect on the date any relevant contracts were negotiated) in comparable first class high rise office buildings;
(r) charitable and political contributions; or
(s) costs for entertainment and gifts, other than holiday events or other special events in the definition Building for all tenants of Capital Costs set forth abovethe Building generally. Notwithstanding anything to the contrary contained in this Lease, there shall be no duplication of costs, charges or expenses required to be paid by Tenant pursuant to this Lease, including without limitation, charges for energy, utilities, HVAC, insurance, taxes, depreciation, or management.
Appears in 1 contract
Insurance Costs. Operating Costs shall not include legal, accounting or other professional expenses incurred expressly for negotiating, preparing or enforcing a lease with a particular tenant, or as a result of a default of a specific tenant. Notwithstanding anything to the contrary above, Operating Costs shall further exclude the following:
(a) interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the ComplexBuilding or the Leased Premises;
(b) such the amount of the Operating Costs as are recovered from insurance proceeds or which were required by this the Lease to be covered by insurance or which were paid for directly by Tenant or any third party other than as part of such party’s pro rata share of such costs;
(c) Costs arising from Landlord's ’s charitable or political contributions;
(d) Brokers' ’ or other leasing commissions and costs incurred in connection with entering into new leases or disputes under existing leases;
(e) costs associated with bad debt losses;
(f) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants at in the ComplexBuilding;
(g) depreciation and amortization on any mortgage;
(h) any ground lease or underlying lease payments;
(i) marketing costs including leasing commissions, attorneys' ’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the ComplexBuilding;
(j) costs for acquisition of sculpture, paintings or other objects of art, except to the extent to replace, when necessary, any sculpture, paintings or other objects of art existing at the Complex as of the date of this Lease so long as such item replaced is of like kind and quality;
(k) any costs, fines or penalties incurred due to violations by Landlord of any legal requirement which may have been in effect as of the Commencement Date of this Lease;
(l) expenses costs for any item the removal or service not abatement of Hazardous Materials to the extent required by applicable law to be removed or abated; provided, offered however, that (A) the costs of routine monitoring of and testing for hazardous materials in, on, or available to Tenantabout the Building, but provided exclusively to certain other tenants and (B) costs incurred in the Buildingcleanup or remediation of de minimis amounts of hazardous materials customarily used in office buildings or used to operate motor vehicles and customarily found in parking facilities shall be included as Operating Costs;
(m) expenses for tenant improvement work or allowances, inducements, and other concessions for any tenant;
(n) the cost of any repairs, improvements, or replacements made to remedy any structural defect in the original structural design or construction of the Building or other buildings in the Complex;
(o) management fees in excess of three (3%) of the Complex’s gross receipts; and
(lp) any capital expenditures which are not included costs, including capital repairs, improvements and replacements made to the Building and capital repairs, improvements and replacements of Building equipment or systems, except as expressly provided in clause (22) of the definition of Capital Operating Costs set forth above. Notwithstanding anything to the contrary contained in this Lease, there shall be no duplication of costs, charges or expenses required to be paid by Tenant pursuant to this Lease.
Appears in 1 contract
Insurance Costs. Operating Costs shall not include legal, accounting or other professional expenses incurred expressly for negotiating, preparing or enforcing a lease with a particular tenant, or as a result of a default of a specific tenant. Notwithstanding anything to the contrary above, Operating Costs shall further exclude the following:
(a) interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the ComplexBuilding or the Leased Premises;
(b) such the amount of the Operating Costs as are recovered from insurance proceeds or which were required by this the Lease to be covered by insurance or which were paid for directly by Tenant or any third party other than as part of such party’s pro rata share of such costs;
(c) Costs arising from Landlord's ’s charitable or political contributions;
(d) Brokers' ’ or other leasing commissions and costs incurred in connection with entering into new leases or disputes under existing leases;
(e) costs associated with bad debt losses;
(f) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants at in the ComplexBuilding;
(g) depreciation and amortization on any mortgage;
(h) any ground lease or underlying lease payments;
(i) marketing costs including leasing commissions, attorneys' ’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the ComplexBuilding;
(j) costs for acquisition of sculpture, paintings or other objects of art, except to the extent to replace, when necessary, any sculpture, paintings or other objects of art existing at the Complex as of the date of this Lease so long as such item replaced is of like kind and quality;
(k) any costs, fines or penalties incurred due to violations by Landlord of any legal requirement which may have been in effect as of the Commencement Date of this Lease;
(l) expenses costs for any item the removal or service not abatement of Hazardous Materials to the extent required by applicable law to be removed or abated; provided, offered however, that (A) the costs of routine monitoring of and testing for hazardous materials in, on, or available to Tenantabout the Building, but provided exclusively to certain other tenants and (B) costs incurred in the Buildingcleanup or remediation of de minimis amounts of hazardous materials customarily used in office buildings or used to operate motor vehicles and customarily found in parking facilities shall be included as Operating Costs;
(m) expenses for tenant improvement work or allowances, inducements, and other concessions for any tenant;
(n) the cost of any repairs, improvements, or replacements made to remedy any structural defect in the original structural design or construction of the Building or other buildings in the Complex; and;
(lo) any capital expenditures which are not included costs, including capital repairs, improvements and replacements made to the Building and capital repairs, improvements and replacements of Building equipment or systems, except as expressly provided in clause (22) of the definition of Capital Operating Costs set forth above. Notwithstanding anything to the contrary contained in this Lease, there shall be no duplication of costs, charges or expenses required to be paid by Tenant pursuant to this Lease.
Appears in 1 contract
Insurance Costs. Operating Costs shall not include legal, accounting or other professional expenses incurred expressly for negotiating, preparing or enforcing a lease with a particular tenant, or as a result of a default of a specific tenant. Notwithstanding anything to the contrary above, Operating Costs shall further exclude the following:
(a) interest, principal, points and fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering the Complex;Building or the Leased Premises; Divco\Gateway/Tobira Lease
(b) such the amount of the Operating Costs as are recovered from insurance proceeds or which were required by this the Lease to be covered by insurance or which were paid for directly by Tenant or any third party other than as part of such party’s pro rata share of such costs;
(c) Costs arising from Landlord's ’s charitable or political contributions;
(d) Brokers' ’ or other leasing commissions and costs incurred in connection with entering into new leases or disputes under existing leases;
(e) costs associated with bad debt losses;
(f) expenses for any item or service not provided, offered or available to Tenant, but provided exclusively to certain other tenants at in the ComplexBuilding;
(g) depreciation and amortization on any mortgage;
(h) any ground lease or underlying lease payments;
(i) marketing costs including leasing commissions, attorneys' ’ fees in connection with the negotiation and preparation of letters, deal memos, letters of intent, leases, subleases and/or assignments, space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the ComplexBuilding;
(j) costs for acquisition of sculpture, paintings or other objects of art, except to the extent to replace, when necessary, any sculpture, paintings or other objects of art existing at the Complex as of the date of this Lease so long as such item replaced is of like kind and quality;
(k) any costs, fines or penalties incurred due to violations by Landlord of any legal requirement which may have been in effect as of the Commencement Date of this Lease;
(l) expenses costs for any item the removal or service not abatement of Hazardous Materials to the extent required by applicable law to be removed or abated; provided, offered however, that (A) the costs of routine monitoring of and testing for hazardous materials in, on, or available to Tenantabout the Building, but provided exclusively to certain other tenants and (B) costs incurred in the Buildingcleanup or remediation of de minimis amounts of hazardous materials customarily used in office buildings or used to operate motor vehicles and customarily found in parking facilities shall be included as Operating Costs;
(m) expenses for tenant improvement work or allowances, inducements, and other concessions for any tenant;
(n) the cost of any repairs, improvements, or replacements made to remedy any structural defect in the original structural design or construction of the Building or other buildings in the Complex;
(o) management fees in excess of three (3%) of the Complex’s gross receipts; and
(lp) any capital expenditures which are not included costs, including capital repairs, improvements and replacements made to the Building and capital repairs, improvements and replacements of Building equipment or systems, except as expressly provided in clause (22) of the definition of Capital Operating Costs set forth above.. Notwithstanding anything to the contrary contained in this Lease, there shall be no duplication of costs, charges or expenses required to be paid by Tenant pursuant to this Lease. Divco\Gateway/Tobira Lease
Appears in 1 contract