Common use of Operating Expense Adjustment Clause in Contracts

Operating Expense Adjustment. The parties each acknowledging that the Rent specified in Section 6. of the Lease does not provide for Operating Expenses, Real Estate Taxes, and Utility Costs (hereinafter called "Expenses") or any increase in the Expenses which may hereafter affect the Office Space or the Building; accordingly, during the term of this Lease, and any renewals thereof, Tenant shall pay to Landlord, in the form of Additional Rent (plus any applicable sales tax), the base amount for the Expenses of $3.50 per square foot of the adjusted rentable area of the Office Space per annum ("Expense Base") and its proportionate share of increased Expenses over the Expense Base amount (as hereinafter defined), such proportionate share to be a fraction, the numerator of which is the total number of the Adjusted Rentable Square Feet contained in the Office Space and the denominator of which is the total number of Adjusted Total Rentable square footage in the Building. During the ensuing Lease Year, Tenant shall pay to Landlord, as and when Rent is due and payable hereunder, an amount equal to one-twelfth (1/12th) of Tenant's Expense Base and its proportionate share of the excess Expenses. If Landlord's fiscal year ends less than thirty (30) days prior to the end of the Lease Year, Landlord shall have thirty (30) days after the end of its fiscal year to prepare and submit the required statement, and, upon submission of such statement, Tenant shall pay 1/12th of its Expense Base and its proportionate share of the excess Expenses and a like amount of the first day of each calendar month thereafter commencing on the second month of each Lease Year. The term "Real Estate Taxes" shall mean the annual taxes and any special assessments or other charges levied against the real property of which the Office Space is a part by any authority having the direct power so to tax, including any city, county, state, or federal government, or any school, agricultural, transportation or environmental control agency, lighting, drainage, or other improvement district thereof, and shall include the expense of contesting the amount or validity of any such taxes, charges or assessments, the term "Operating Expenses" shall include the annual expenses of Landlord for the operation and maintenance of the Office Space and Building which are reasonable or customary for the operation of this type of Office Space and Building, and shall include, but not be limited to, management salaries; maintenance and janitorial expenses; administrative salaries, costs and fees; insurance; security; landscaping; and site lighting.

Appears in 1 contract

Sources: Sublease Agreement (Extended Stay America Inc)

Operating Expense Adjustment. The parties each acknowledging that the Rent specified in Section 6. Tenant shall pay as additional rent Tenant's Proportionate Share of the Lease does not provide amount by which operating expenses for Operating Expensesthe Building increase over those experienced by Landlord during the calendar year 2009 (base year), Real Estate TaxesEffective January 1 of each year Landlord shall estimate the amount by which operating expenses are expected to increase, if any, over those incurred in the base year. Monthly rental for that year shall be increased by one-twelfth of Tenant's share of the estimated increase provided that Landlord may revise its estimate during any year with reasonable cause and Utility Costs (hereinafter called "Expenses") or any the additional estimate shall be payable as equal additions to rent for the remainder of the calendar year. Following the end of each calendar year, Landlord shall compute the actual increase in operating expenses and ▇▇▇▇ Tenant for any deficiency or credit Tenant with any excess collected. Tenant shall pay any such deficiency within 30 days after Landlord's billing, whether or not this lease shall have expired or terminated at the Expenses which may hereafter affect time of such billing. As used herein "operating expenses" shall mean all costs of operating and maintaining and repairing the Office Space or Building as determined by standard real estate accounting practice, including, but not limited to: all water and sewer charges; the cost of natural gas and electricity provided to the Building; accordinglyjanitorial and cleaning supplies and services; administration costs and management fees; superintendent fees; security services, during the term of this Leaseif any; insurance premiums; licenses, and any renewals thereof, Tenant shall pay to Landlord, in the form of Additional Rent (plus any applicable sales tax), the base amount for the Expenses of $3.50 per square foot of the adjusted rentable area of the Office Space per annum ("Expense Base") and its proportionate share of increased Expenses over the Expense Base amount (as hereinafter defined), such proportionate share to be a fraction, the numerator of which is the total number of the Adjusted Rentable Square Feet contained in the Office Space and the denominator of which is the total number of Adjusted Total Rentable square footage in the Building. During the ensuing Lease Year, Tenant shall pay to Landlord, as and when Rent is due and payable hereunder, an amount equal to one-twelfth (1/12th) of Tenant's Expense Base and its proportionate share of the excess Expenses. If Landlord's fiscal year ends less than thirty (30) days prior to the end of the Lease Year, Landlord shall have thirty (30) days after the end of its fiscal year to prepare and submit the required statement, and, upon submission of such statement, Tenant shall pay 1/12th of its Expense Base and its proportionate share of the excess Expenses and a like amount of the first day of each calendar month thereafter commencing on the second month of each Lease Year. The term "Real Estate Taxes" shall mean the annual taxes and any special assessments or other charges levied against the real property of which the Office Space is a part by any authority having the direct power so to tax, including any city, county, state, or federal government, or any school, agricultural, transportation or environmental control agency, lighting, drainage, or other improvement district thereof, and shall include the expense of contesting the amount or validity of any such taxes, charges or assessments, the term "Operating Expenses" shall include the annual expenses of Landlord permits for the operation and maintenance of the Office Space Building and Building which are reasonable or customary all of its component elements and mechanical systems; ordinary and emergency repairs and maintenance, and a reserve equal to one-half percent (.05%) of gross rental income for the operation Property to be expended on roof replacement, exterior painting, asphalt resurfacing, and other miscellaneous matters not specified in the preceding and the annual amortized capital improvement cost (amortized over such a period as Landlord may select but not shorter than the life of the improvement and at current market interest rate) for any capital improvements to the Building required by any governmental authority or those which have a reasonable probability of improving the operating efficiency of the Building. "Operating Expenses" shall also include all assessments under recorded covenants or master plans and/or by owner's associations. If electricity or other energy costs increase between the date of this type Lease and last day of Office Space and Buildingthe Base Year, (i) Tenant shall pay to Landlord on a monthly basis as additional rent, its Proportionate Share of such cost increase for the period from the date of such increase until the first estimated payment due under this paragraph, and shall include, but not be limited to, management salaries; maintenance and janitorial expenses; administrative salaries, (ii) Landlord may adjust the calculation of Base Year operating expenses by using the energy costs and fees; insurance; security; landscaping; and site lightingin effect on the date of this Lease.

Appears in 1 contract

Sources: Office Lease (Imageware Systems Inc)

Operating Expense Adjustment. The parties each acknowledging that the Rent specified in Section 6. of the Lease does not provide for Operating Expenses, Real Estate Taxes, and Utility Costs (hereinafter called "Expenses") or any increase in the Expenses which may hereafter affect the Office Space or the Building; accordingly, during the term of this Lease, and any renewals thereof, Tenant shall pay to LandlordLandlord as Additional Rent, in addition to the form of Additional Base Rent required by Article 3 hereof, an amount (plus any applicable sales tax), the base amount for the Expenses of $3.50 per square foot “Expense Adjustment Amount”) equal to Tenant’s Proportionate Share of the adjusted rentable area combined total of Operating Expenses (determined on an accrual basis) paid or incurred during each Calendar Year. The Expense Adjustment Amount with respect to each Calendar Year shall be paid in monthly installments in an amount from time to time estimated by Landlord and communicated by written notice to Tenant. Landlord shall cause to be kept books and records showing Operating Expenses in accordance with generally accepted accounting principles, consistently applied. As promptly as practical following the close of each Calendar Year, Landlord shall cause the amount of the Office Space per annum ("Expense Base") and its proportionate share of increased Expenses over the Expense Base amount (as hereinafter defined), Adjustment Amount for such proportionate share Calendar Year to be computed based upon the actual Operating Expenses paid or incurred for such Calendar Year and Landlord shall deliver to Tenant a fraction, the numerator statement of which is the total number of the Adjusted Rentable Square Feet contained in the Office Space such amount and the denominator amount of which is the total number of Adjusted Total Rentable square footage in the Buildingall estimated installments paid by Tenant for such Calendar Year. During the ensuing Lease Year, Tenant shall pay to Landlord, Landlord any deficiency as and when Rent is due and payable hereunder, an amount equal to one-twelfth (1/12th) of Tenant's Expense Base and its proportionate share of the excess Expenses. If Landlord's fiscal year ends less than thirty (30) days prior to the end of the Lease Year, Landlord shall have shown by such statement within thirty (30) days after the end of its fiscal year to prepare and submit the required statement, and, upon submission receipt of such statement, . This statement as to the amount of Operating Expenses for such Calendar Year for the Building shall constitute a determination which is final and conclusive on Tenant shall pay 1/12th of its Expense Base and its proportionate share subject to Section 4E below. If the total of the estimated monthly installments paid by Tenant during any Calendar Year exceeds the actual amount due from Tenant for such Calendar Year, at Landlord’s option, such excess Expenses and a like shall be either credited against payments next due hereunder or refunded by Landlord within thirty (30) days, provided Tenant is not then in default hereunder. In determining the amount of Operating Expenses for the first day purposes of each calendar month thereafter commencing on this paragraph, if less than 95 percent of the second month rentable area of each Lease Year. The term "Real Estate Taxes" the Building shall mean have been occupied by tenants and fully used by them during the annual taxes and any special assessments or other charges levied against year, Operating Expenses shall be deemed for the real property purposes of which the Office Space is a part by any authority having the direct power so this paragraph to tax, including any city, county, state, or federal government, or any school, agricultural, transportation or environmental control agency, lighting, drainage, or other improvement district thereof, and shall include the expense of contesting be increased to the amount or validity of any such taxes, charges or assessments, operating expenses that would normally be expected to be incurred had occupancy been 95 percent and had full use been made during the term "Operating Expenses" shall include the annual expenses of Landlord for the operation and maintenance of the Office Space and Building which are reasonable or customary for the operation of this type of Office Space and Building, and shall include, but not be limited to, management salaries; maintenance and janitorial expenses; administrative salaries, costs and fees; insurance; security; landscaping; and site lightingentire period.

Appears in 1 contract

Sources: Office Lease (Geovera Insurance Holdings, Ltd.)

Operating Expense Adjustment. The parties each acknowledging that the Rent specified in Section 6. Tenant shall pay as additional rent Tenant’s Proportionate Share of the Lease does not provide amount by which operating expenses for Operating Expensesthe Building increase over those experienced by Landlord during the calendar year 2006 (base year). Effective January 1 of 2007 each year Landlord shall estimate the amount by which operating expenses are expected to increase, Real Estate Taxesif any, and Utility Costs (hereinafter called "Expenses") or any over those incurred in the base year. Monthly rental for that year shall be increased by one-twelfth of Tenant’s share of the estimated increase. Following the end of each calendar year, Landlord shall compute the actual increase in operating expenses and b▇▇▇ Tenant for any deficiency or credit Tenant with any excess collected. As used herein “operating expenses” shall mean all costs of operating and maintaining the Expenses which may hereafter affect Building as determined by standard real estate accounting practice, including, but not limited to: all water and sewer charges; the Office Space or cost of natural gas and electricity provided to the Building; accordinglyjanitorial and cleaning supplies and services; administration costs and management fees; superintendent fees; security services, during the term of this Leaseif any; insurance premiums; licenses, and any renewals thereof, Tenant shall pay to Landlord, in the form of Additional Rent (plus any applicable sales tax), the base amount for the Expenses of $3.50 per square foot of the adjusted rentable area of the Office Space per annum ("Expense Base") and its proportionate share of increased Expenses over the Expense Base amount (as hereinafter defined), such proportionate share to be a fraction, the numerator of which is the total number of the Adjusted Rentable Square Feet contained in the Office Space and the denominator of which is the total number of Adjusted Total Rentable square footage in the Building. During the ensuing Lease Year, Tenant shall pay to Landlord, as and when Rent is due and payable hereunder, an amount equal to one-twelfth (1/12th) of Tenant's Expense Base and its proportionate share of the excess Expenses. If Landlord's fiscal year ends less than thirty (30) days prior to the end of the Lease Year, Landlord shall have thirty (30) days after the end of its fiscal year to prepare and submit the required statement, and, upon submission of such statement, Tenant shall pay 1/12th of its Expense Base and its proportionate share of the excess Expenses and a like amount of the first day of each calendar month thereafter commencing on the second month of each Lease Year. The term "Real Estate Taxes" shall mean the annual taxes and any special assessments or other charges levied against the real property of which the Office Space is a part by any authority having the direct power so to tax, including any city, county, state, or federal government, or any school, agricultural, transportation or environmental control agency, lighting, drainage, or other improvement district thereof, and shall include the expense of contesting the amount or validity of any such taxes, charges or assessments, the term "Operating Expenses" shall include the annual expenses of Landlord permits for the operation and maintenance of the Office Space Building and all of its component elements and mechanical systems; the annual amortized capital improvement cost (amortized over such a period as Landlord may select but not shorter than the period allowed under the Internal Revenue Code and at a current market interest rate) for any capital improvements to the Building which are reasonable required by any governmental authority. Operating expenses shall not include: the cost of capital improvements (except as set forth above); depreciation; principal payments of mortgage and other non-operating debts of Landlord; the cost of repairs or customary for other work to the extent Landlord is reimbursed by insurance or condemnation proceeds; costs in connection with leasing space in the Building, including brokerage commissions; lease concessions, rental abatements and construction allowances granted to specific tenants; costs incurred in connection with the sale, financing or refinancing of the Building; fines, interest and penalties incurred due to the late payment of taxes or expenses; organizational expenses associated with the creation and operation of the entity which constitutes Landlord; or any penalties or damages that Landlord pays to Tenant under this type of Office Space and Building, and shall include, but not be limited to, management salaries; maintenance and janitorial expenses; administrative salaries, costs and fees; insurance; security; landscaping; and site lightingLease or to other tenants in the Building under their respective leases.

Appears in 1 contract

Sources: Office Lease (Pixelworks, Inc)

Operating Expense Adjustment. The parties each acknowledging In the event that Tenant's proportionate share of projected operating expenses for common area services as described in Paragraphs 4, 6, and 10 exceeds the Rent amount specified in Section 6. Paragraph 4 (a), (such excess to be called "Excess Operating Expenses"), Tenant agrees to pay Landlord monthly, as an additional rental, one twelfth (1/12) of the Lease does not provide projection of "Excess Operating Expenses". The most recent projection for "Excess Operating Expenses" for the building and/or project is $1.27 per square foot per year. Tenant's proportionate share of this projection of "Excess Operating Expenses" amounts to a monthly charge of $15,629.47, for which the Tenant will be separately billed. On or about April 15 of each calendar year during Tenant's occupancy and the calendar year following termination of this lease, or as soon thereafter as is practical, Landlord shall furnish to Tenant a statement in reasonable detail of the actual Operating Expenses for the previous year. If for any calendar year Tenant's payments on account for Excess Operating Expenses exceeds Tenant's proportionate share of the actual Excess Operating Expenses, Real Estate TaxesLandlord shall either credit the overpayment against the next installment of rent due from Tenant or promptly refund to Tenant the overpayment. Conversely, and Utility Costs (hereinafter called "if the payments made by Tenant on account of the prior year's Excess Operating Expenses are less than Tenant's proportionate share of the actual Excess Operating Expenses") or any increase in the Expenses which may hereafter affect the Office Space or the Building; accordingly, during the term of this Lease, and any renewals thereof, Tenant shall pay to Landlord, in the form of Additional Rent (plus any applicable sales tax), the base amount for the Expenses of $3.50 per square foot of the adjusted rentable area of the Office Space per annum ("Expense Base") and its proportionate share of increased Expenses over the Expense Base amount (as hereinafter defined), such proportionate share to be a fraction, the numerator of which is the total number of the Adjusted Rentable Square Feet contained in the Office Space and the denominator of which is the total number of Adjusted Total Rentable square footage in the Building. During the ensuing Lease Year, Tenant shall pay to Landlord, as and when Rent is due and payable hereunder, an amount equal to one-twelfth (1/12th) of Tenant's Expense Base and its proportionate share of the excess Expenses. If Landlord's fiscal year ends less than thirty (30) days prior to the end of the Lease Year, Landlord shall have within thirty (30) days after the end of its fiscal year to prepare and submit the required statement, and, upon submission receipt of such statement, Tenant shall pay 1/12th of its Expense Base and its proportionate share as additional rent, the underpayment with respect to Tenant's Proportionate Share of the excess Excess Operating Expenses and a like amount for the prior year. Landlord, upon notice to Tenant, may elect to lower or raise the projected cost paid monthly by Tenant so that Tenant's payments are equal to the adjusted projection of the first day of each calendar month thereafter commencing on the second month of each Lease Year. The term "Real Estate Taxes" shall mean the annual taxes and any special assessments or other charges levied against the real property of which the Office Space is a part by any authority having the direct power so to tax, including any city, county, state, or federal government, or any school, agricultural, transportation or environmental control agency, lighting, drainage, or other improvement district thereof, and shall include the expense of contesting the amount or validity of any such taxes, charges or assessments, the term "Excess Operating Expenses" shall include the annual expenses of Landlord for the operation and maintenance of the Office Space and Building which are reasonable or customary for the operation of this type of Office Space and Building, and shall include, but not be limited to, management salaries; maintenance and janitorial expenses; administrative salaries, costs and fees; insurance; security; landscaping; and site lighting".

Appears in 1 contract

Sources: Lease Agreement (Compucom Systems Inc)

Operating Expense Adjustment. The parties each acknowledging that the Rent specified in Section 6. of the Lease does not provide for Operating Expenses, Real Estate Taxes, and Utility Costs (hereinafter called "Expenses") or any increase in the Expenses which may hereafter affect the Office Space or the Building; accordingly, during the term of this Lease, and any renewals thereof, Tenant shall pay as additional rent Tenants Proportionate share of the amount by which operating expenses for the Building Increase over those experienced by Landlord during the calendar year 2000 (base year). Effective January I of each year Landlord shall estimate the amount by which operating expenses are expected to LandlordIncrease, in the form of Additional Rent (plus any applicable sales tax)N any, over those incurred In the base amount year. Monthly rental for the Expenses of $3.50 per square foot of the adjusted rentable area of the Office Space per annum ("Expense Base") and its proportionate share of that year shall be increased Expenses over the Expense Base amount (as hereinafter defined), such proportionate share to be a fraction, the numerator of which is the total number of the Adjusted Rentable Square Feet contained in the Office Space and the denominator of which is the total number of Adjusted Total Rentable square footage in the Building. During the ensuing Lease Year, Tenant shall pay to Landlord, as and when Rent is due and payable hereunder, an amount equal to by one-twelfth (1/12th) of Tenant's Expense Base and its proportionate Tenants share of the excess Expensesestimated increase. If Landlord's fiscal year ends less than thirty (30) days prior to Following the end of the Lease Yeareach calendar year, Landlord shall have thirty (30) days after shag compute the end of its fiscal year to prepare actual increase in operating expenses and submit the required statement, and, upon submission of such statement, bill ▇▇▇ant for any deficiency or credit Tenant shall pay 1/12th of its Expense Base and its proportionate share of the with any excess Expenses and a like amount of the first day of each calendar month thereafter commencing on the second month of each Lease Yearcollected. The term "Real Estate Taxes" As used herein *operating expenses shall mean all costs of operating and maintaining the annual taxes Building as determined by standard real estate accounting practice, Including , but not limited to: all water and any special assessments or other charges levied against sewer charges; the real property cost of which natural gas and electricity provided to the Office Space is a part by any authority having building; Janitorial and cleaning supplies and services; administration costs and management fees at the direct power so to taxsame rate as during the base year; security services, including any cityif any, county, state, or federal government, or any school, agricultural, transportation or environmental control agency, lighting, drainage, or other improvement district thereof, and shall include the expense of contesting the amount or validity of any such taxes, charges or assessments, the term "Operating Expenses" shall include the annual expenses of Landlord insurance premiums; licenses; permits for the operation and maintenance of the Office Space building and all of its component elements and mechanical systems; the annual amortized capital improvement cost (amortized over such a period as Landlord may select bid not shorter than the period allowed under the Internal Revenue code and at a current market interest rate) for any capital Improvements to the Building required by any government authority or those which are have a reasonable or customary for probability of improving the operation operating efficiency of this type of Office Space and the Building. LANDLORD AGREES TO LIMIT ANNUAL INCREASES IN REAL ESTATE TAXES AND OPERATING EXPENSES TO 5%, and shall includeON A CUMULATIVE BASIS. IN NO EVENT WILL TENANTS PROPORTIONATE SHARE, but not be limited toPLUS THE PROPORTIONATE SHARE OF ALL OTHER TENANTS EVER EXCEED 100% IF THE BUILDING IS NOT 100% OCCUPIED DURING THE BASE YEAR, management salaries; maintenance and janitorial expenses; administrative salaries, costs and fees; insurance; security; landscaping; and site lightingTHE ACTUAL OPERATING EXPENSES FOR THE BASE YEAR WILL BE GROSSED UP TO REFLECT THE EXPENSES AT 1W% OCCUPANCY.

Appears in 1 contract

Sources: Commercial Lease (Interact Commerce Corp)

Operating Expense Adjustment. (a) The parties each acknowledging that monthly minimum rent for the Rent specified Leased Premises set forth in Section 63.01 includes an estimated level of operating expenses for calendar year 2001 for the office buildings within the Project, the associated common area and the underlying land and improvements. Commencing on January 1, 2002 and continuing thereafter during the Lease Term, Tenant agrees to pay, as additional rent, its proportionate share (in the subject case 22.2%) of the Lease does not provide amount by which the Operating Expenses (as hereinafter defined) for the calendar year or portion thereof exceeds $3.30 per rentable square foot (the "Base Operating Expenses, Real Estate Taxes, and Utility Costs (hereinafter called "Expenses") or any increase in the Expenses which may hereafter affect the Office Space or the Building; accordingly, during the term of this Lease, and any renewals thereof). Further, Tenant shall pay to Landlordsuch adjustment in Operating Expenses covering any period of time during which the Lease is in effect, in even if the form Lease has expired at the time of Additional Rent (plus any applicable sales tax), payment. Tenant's proportionate share shall be that proportion which the base amount for the Expenses of $3.50 per square foot of the adjusted rentable area of the Office Space per annum Leased Premises bears to the sum of all space in all buildings in the Project. ("Expense Base"b) and its proportionate share of increased Expenses over Landlord shall also have the Expense Base amount (as hereinafter defined), such proportionate share right to be make a fraction, the numerator of which is the total number good faith estimate of the Adjusted Rentable Square Feet contained in excess for each upcoming calendar year and upon thirty (30) days notice to Tenant to require the Office Space and the denominator monthly payment by Tenant of which is the total number of Adjusted Total Rentable square footage in the Building. During the ensuing Lease Year, Tenant shall pay to Landlord, as and when Rent is due and payable hereunder, an amount equal to one-twelfth (1/12th) of Tenantsuch estimated excess. Further, if at anytime during the calendar year Landlord becomes aware that Operating Expenses will increase, Landlord shall estimate and Tenant shall pay the amount of such estimated increase in equal monthly installments over the number of months left in the calendar year. (c) By April 1 of each calendar year, following the year during which the Lease Term begins, or as soon thereafter as practical, Landlord shall furnish to Tenant a statement certified by Landlord or its duly authorized representative of Landlord's Expense Base actual Operating Expenses for the previous calendar year, and its proportionate share Landlord shall notify Tenant of the amount of the excess Expensesowing by Tenant to Landlord, showing the calculations thereof which result from such statement. Tenant agrees to promptly pay Landlord with the next monthly rent payment due under the Lease, as additional rent, all excess which has not been previously paid as estimated excess. If for any calendar year additional rent collected for the prior year, as a result of Landlord's fiscal year ends less estimate of excess, is greater than thirty (30) days the additional rent actually due during such prior year, then Landlord shall refund to Tenant any such overpayment or, at Landlord's option, apply such amount against the end next rentals due under the Lease. No failure of the Lease Year, Landlord to provide the statement of actual Operating Expenses by April 1 will constitute a waiver of the Landlord's right to collect the difference between actual Operating Expenses and Base Operating Expenses for any calendar year. (d) Landlord shall have thirty (30) days after the end same remedies for default in the payment of its fiscal year any obligations incurred under this section as are available to prepare and submit Landlord in the required statement, and, upon submission case of such statement, Tenant shall pay 1/12th of its Expense Base and its proportionate share default in the payment of the excess Expenses and a like amount base rent. (e) For purposes of the first day of each calendar month thereafter commencing on the second month of each Lease Year. The term "Real Estate Taxes" shall mean the annual taxes and any special assessments or other charges levied against the real property of which the Office Space is a part by any authority having the direct power so to taxthis Lease, including any city, county, state, or federal government, or any school, agricultural, transportation or environmental control agency, lighting, drainage, or other improvement district thereof, and shall include the expense of contesting the amount or validity of any such taxes, charges or assessments, the term "Operating Expenses" shall include mean the annual expenses amount of Landlord Landlord's direct costs and expenses, accounted for on a cash basis, paid or incurred in connection with the operation and maintenance of the Office Space Project including by way of illustration and Building which are reasonable or customary not limited to: insurance premiums, water, sewer, water retention maintenance fees, electrical and other utility charges other than the separately billed electrical, gas and other charges paid by Tenant and provided for in the Lease; service and other charges paid in connection with the operation and maintenance of the heating, ventilation and air-conditioning systems; cleaning and replacement of windows not covered by insurance; tools and supplies; striping and repair costs to pavement and common areas and utility systems, landscape maintenance, security service, snow removal, licenses, permits, and inspection fees, management fees, maintenance agreements and related wages and benefits for employees for the maintenance and operation of this type of Office Space the Project, trash removal, sweeping, repairs to signs and Building, markers and shall include, but not be limited to, management salaries; other costs necessary in Landlord's reasonable judgment for the maintenance and janitorial expensesoperation of the Buildings, land and common area improvements; administrative salarieshowever, maintenance shall exclude capital expenditures (unless previously for the purpose of reducing operating costs or which may be required by governmental authority, in which case they will be change over the useful life) and fees; insurance; security; landscaping; and site lightingdepreciation.

Appears in 1 contract

Sources: Lease Agreement (Sb Merger Corp)