Common use of Items Excluded Clause in Contracts

Items Excluded. Operating Costs shall not include any costs -------------- recoverable under insurance coverage. Operating Costs shall also exclude, by way of illustration and not limitation, (i) repair and replacement resulting from inferior or deficient workmanship, materials, or equipment in the Building or from the negligent acts or omissions of Landlord; (ii) the cost of the Interior Improvements, or of any additions to the Building; (iii) depreciation, amortization, and interest on and capital retirement of debt; (iv) leasing commissions; (v) repairs or other work of a capital nature (or reimbursed by insurance proceeds, exclusive of reasonable deductibles) occasioned by fire, windstorm or other casualty; (vi) any expenses for repairs or maintenance which are covered by warranties or service contracts (excluding deductibles); (vii) attorney's fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants, other occupants, or prospective tenants or other occupants of the Building; (viii) costs incurred in renovating or otherwise improving or decorating or redecorating space for tenants or other occupants of the Building; (ix) Landlord's cost of services provided to tenants, which services are not standard for the Building and the cost of which is payable directly by such tenants to Landlord; (x) capital expenditures as described in paragraph (c) below (except for Annual Amortization); (xi) structural repairs as described in Article XI, paragraph 2 below; (xii) expenses in connection with services or other benefits of a type which are not standard for the Building and which are not available to Tenant without specific charge therefor, but which are provided to another tenant or occupant of the Building, whether or not such other tenant or occupant is specifically charged therefor by Landlord; (xiii) costs incurred due to the violation by Landlord of any valid, applicable building code, regulation or law or incurred due to the Building being in violation of any such code, regulation or law; (xiv) amounts paid to affiliates of Landlord for services to the Building, to the extent that such amounts exceed competitive costs for such services rendered by persons or entities of similar skill, competence and experience; (xv) costs of Landlord's general administration (other than as specifically set forth in this Article V, paragraph 1(a)(iv); (xvi) any compensation paid to clerks, attendants or other persons in commercial concessions, if any, operated by Landlord; (xvii) rentals and other related expenses, if any, incurred in leasing air conditioning systems, elevators or other capital equipment, except equipment which is used in conjunction with an energy management system and except for rentals and expenses incurred in emergency leasing of such equipment; (xviii) all items and services for which Tenant or other tenants specifically reimburse Landlord other than through payment of Operating Costs; (xix) costs incurred in installing, operating and maintaining any specialty improvement not normally installed, operated, and maintained in buildings comparable to the Building and not necessary for Landlord's operation, repair, maintenance, and providing of required services for the Building; (xx) costs incurred in advertising and promotional activities for marketing of the Building; and (xxi) when and if any service (such as janitorial service) which is normally provided by Landlord to tenants of the Building is not provided by Landlord pursuant to agreement with Tenant in the Demised Premises under the specific terms of this Lease, then in determining Operating Costs for Tenant, the cost of that service shall be excluded. Further, if any facilities, services or utilities for the operation, repair and maintenance of the Building are provided from another building or other buildings owned or operated by Landlord, or for the operation, repair and maintenance of another building or other buildings owned or operated by Landlord are provided from the Building, the net costs, charges and expenses therefor shall be allocated by Landlord among the Building and the other building or buildings on a fair and equitable basis.

Items Excluded. Operating Costs shall not include any costs -------------- recoverable under insurance coverage. Operating coverage operating Costs shall also exclude, by way of illustration and not limitation, (i) repair and replacement resulting from inferior or deficient workmanship, materials, or equipment in the Building or from the negligent acts or omissions of Landlord; (ii) the cost of the Interior Interior' Improvements, the Shell Improvements or of any additions to the Building; (iii) depreciation, amortization, and interest on and capital retirement of debt; (iv) leasing commissions; (v) repairs or other work of a capital nature (or reimbursed by insurance proceeds, exclusive of reasonable deductibles) occasioned by fire, windstorm or other casualty; (vi) any expenses for repairs or maintenance which are covered by warranties or service contracts (excluding deductibles); (vii) attorney's fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants, other occupants, or prospective tenants or other occupants of the Building; (viii) costs incurred in renovating or otherwise improving or decorating or redecorating space for tenants or other occupants of the Building; (ix) Landlord's cost of services provided to tenants, which services are not standard for the Building and the cost of which is payable directly by such tenants to Landlord; (x) capital expenditures as described in paragraph (c) below (except for Annual Amortization); (xi) structural repairs as described in Article XI, paragraph 2 below; (xii) expenses in connection with services or other benefits of a type which are not standard for the Building and which are not available to Tenant without specific charge therefor, but which are provided to another tenant or occupant of the Building, whether or not such other tenant or occupant is specifically charged therefor by Landlord; (xiii) costs incurred due to the violation by Landlord of any valid, applicable building code, regulation or law or incurred due to the Building being in violation of any such code, regulation or law; (xiv) amounts paid to affiliates of Landlord for services to the Building, to the extent that such amounts exceed competitive costs for such services rendered by persons or entities of similar skill, competence and experience; (xv) costs of Landlord's general administration (other than as specifically Specifically set forth in this Article V, paragraph 1(a)(iv1 (a) (xi); (xvi) any compensation paid to clerks, attendants or other persons in commercial concessions, if any, operated by Landlord; (xvii) rentals and other related expenses, if any, incurred in leasing air conditioning systems, elevators or other capital equipment, except equipment which is used in conjunction with an energy management system and except for rentals and expenses incurred in emergency leasing of such equipment; (xviii) all items and services for which Tenant or other tenants specifically reimburse Landlord other than through payment of Operating Costs; (xix) costs incurred in installing, operating and maintaining any specialty improvement not normally installed, operated, and maintained in buildings comparable to the Building and not necessary for Landlord's operation, repair, maintenance, and providing of required services for the Building; (xx) costs incurred in advertising and promotional activities for marketing of the Building; and (xxi) when and if any service (such as janitorial service) which is normally provided by Landlord to tenants of the Building is not provided by Landlord pursuant to agreement with Tenant in the Demised Premises under the specific terms of this Lease, then in determining Operating Costs for Tenant, the cost of that service shall be excluded. Further, if any facilities, services or utilities for the operation, repair and maintenance of the Building are provided from another building or other buildings owned or operated by Landlord, or for the operation, repair and maintenance of another building or other buildings owned or operated by Landlord are provided from the Building, the net costs, charges and expenses therefor shall be allocated by Landlord among the Building and the other building or buildings on a fair and equitable basis.