Common use of Operating Expenses Inclusions Clause in Contracts

Operating Expenses Inclusions. “Operating Expenses” shall mean and include all amounts, expenses and costs of whatever nature that Landlord incurs or pays because of or in connection with the ownership, security, insurance, control, operation, administration, (including, without limitation, concierge services), repair, management, replacement or maintenance of the Building , the Land, and the Common Areas, and all related improvements thereto or thereon and all machinery, equipment, landscaping, fixtures and other facilities, including personal property and all costs associated with maintaining any certification(s) achieved by the Building, as may now or hereafter exist in or on the Building or Land (including the associated Parking Areas as herein defined). Operating Expenses include, but are not limited to, the following: (1) Taxes (defined below) and the cost of any tax consultant employed to assist Landlord in determining the fair tax valuation of the Building and Land; (2) the cost of all utilities which are not billed separately to a tenant of the Building for above-building standard utility consumption; (3) the cost of insurance; (4) the cost of repairs and replacements, (5) reasonable property management fees and expenses, (6) landscaping installation and maintenance costs, (7) the cost of security services (if provided), sewer services (if provided), and trash services (if provided), (8) replacement reserves for capital items which reserve shall not exceed five cent per rentable square foot of the Premises per calendar year; (9) the cost of dues, assessments, and other charges applicable to the Land payable to any property or community owner association under restrictive covenants or deed restrictions to which the Premises are subject, if any; (10) the cost of any labor-saving or energy-saving device or other equipment installed in the Building or on the Land, amortized over a period together with an amount equal to interest at an amortization rate on the unamortized balance, which calculation shall be reasonably determined by Landlord; (11) alterations, additions, and improvements made by Landlord to comply with Law (defined below); and (12) wages and salaries of personnel up to and including the level of Property Manager, provided that the wages of employees not fully devoted to the Building shall be equitably prorated by Landlord). There shall be no duplication of costs for reimbursements in calculating Operating Expenses. Operating Expenses for 2021 are presently estimated by Landlord to be $0.16 per rentable square foot of space in the Premises per month. In addition to Operating Expenses, Tenant shall also be liable for the cost of all utilities supplied to the Premises.

Operating Expenses Inclusions. “Operating Expenses” Expenses shall mean and include all amounts, expenses and costs disbursements of whatever nature that every kind which Landlord incurs incurs, pays or pays because of or becomes obligated to pay in connection with the ownership, security, insurance, control, operation, administration, (including, without limitation, concierge services), repair, management, replacement or operation and maintenance of the Building , the Land, and the Common Areas, and all related improvements thereto or thereon and all machinery, equipment, landscaping, fixtures and other facilities, including personal property and all costs associated with maintaining any certification(s) achieved by the Building, as may now or hereafter exist in or on the Building or Land (including the associated Parking Areas as herein defined). ) and Land (subject to the exclusions from Operating Expenses includeset forth in Section 2.3.1.2 below) determined in accordance with GAAP fairly and consistently applied, including, but are not limited to, the following: (1) Taxes (defined below) and the cost of any tax consultant employed to assist Landlord in determining the fair tax valuation of the Building and Land; (2) the cost of all utilities which are not billed separately to a tenant of the Building for above-building standard utility consumption; (3) the cost of insurance; (4) the cost of repairs and replacementsrepairs, (5) reasonable replacement, property management fees and expenses, (6) landscaping installation landscape maintenance and maintenance costsreplacement, (7) the cost of security services service (if provided), sewer services service (if provided), and trash services service (if provided), (8) replacement reserves for capital items which reserve shall not exceed five cent per rentable square foot of the Premises per calendar year; (95) the cost of dues, assessments, and other charges applicable to the Land payable to any property or community owner association under restrictive covenants or deed restrictions to which the Premises are subject, if any; (106) the cost of any labor-saving or energy-saving device or other equipment installed in the Building or on the LandLand (which device or equipment is not primarily for the benefit of any particular tenant), amortized over a period together with an amount equal to interest at an amortization rate on the unamortized balance (provided that the annual amortization does not exceed the actual annual cost savings realized), as determined using GAAP consistently applied; (7) alterations, additions, and improvements made by Landlord to comply with Law (defined below), which, if considered to be capital improvements using GAAP consistently applied, shall be amortized over a period together with an amount equal to interest at an amortization rate on the unamortized balance, which calculation shall be reasonably as determined by Landlord; (11) alterations, additions, and improvements made by Landlord to comply with Law (defined below)using GAAP; and (12) 8) wages and salaries of personnel up to and including the level of Property Manager, provided that the wages . Any Operating Expenses which are included in expenses for other areas of employees not fully devoted to the Building Landlord’s business park or properties shall be equitably prorated by Landlord)prorated. There shall be no duplication For the purpose of costs for reimbursements in calculating Operating Expenses. Operating Expenses for 2021 are presently estimated by Landlord to be $0.16 per rentable square foot determining Tenant’s Proportionate Share of space in the Premises per month. In addition to Operating Expenses, Tenant “controllable” Operating Expenses shall also be liable not increase by more than five percent (5%) per year on a cumulative and compounded basis (for example, if controllable Operating Expenses are $1.00 / rsf in year one, then they shall not exceed $1.05 in year two, $1.10 in year three, $1.16 in year four and so on). It is understood and agreed that controllable Operating Expenses shall not include trash removal, utility expenses, taxes, insurance premiums and any other cost beyond the cost reasonable control of all utilities supplied to the PremisesLandlord. Management fees shall not exceed five percent (5%) of gross revenue.

Operating Expenses Inclusions. “Operating Expenses” Expenses shall mean and include all amounts, expenses and costs disbursements of whatever nature that every kind which Landlord incurs incurs, pays or pays because of or becomes obligated to pay in connection with the ownership, security, insurance, control, operation, administration, (including, without limitation, concierge services), repair, management, replacement or operation and maintenance of the Building , the Land, and the Common Areas, and all related improvements thereto or thereon and all machinery, equipment, landscaping, fixtures and other facilities, including personal property and all costs associated with maintaining any certification(s) achieved by the Building, as may now or hereafter exist in or on the Building or Land (including the associated Parking Areas as herein defined). Operating Expenses include) and Land including, but are not limited to, the following: (1) Taxes (defined below) and the reasonable cost of any tax consultant employed to assist Landlord in In determining the fair tax valuation of the Building and Land; (2) the cost of all utilities which are not billed separately to a tenant of the Building for above-building standard utility consumption; (3) the cost of insurance; (4) the cost of repairs and replacementsrepairs, (5) reasonable replacement, property management fees (provided that management fees shall not exceed 4% of gross revenues from the Building) and expenses, (6) landscaping installation landscape maintenance and maintenance costsreplacement, (7) the cost of security services service (if provided), sewer services service (if provided), and trash services service (if provided), (8) replacement reserves for capital items which reserve shall not exceed five cent per rentable square foot of the Premises per calendar year; (95) the cost of dues, assessments, and other charges applicable to the Land payable to any property or community owner association under restrictive covenants or deed restrictions to which the Premises are subject, if any; (106) the cost of any labor-saving or energy-saving device or other equipment installed in the Building or on the Land, amortized over a period together with an amount equal to interest at an amortization rate on the unamortized balance, which calculation shall be reasonably determined by LandlordLandlord in accordance with generally accepted accounting practices; (117) alterations, additions, and improvements made by Landlord to comply with Law (defined below)) for which compliance is not required as of the Effective Date; and (12) 8) wages and salaries of personnel up to and including the level of Property Manager, provided that the wages of such costs shall be reasonably allocated to reflect time such employees not fully are devoted to the Building shall (versus other buildings). Any Operating Expenses that are common to some or all of the buildings in the Xxxxxxxxx project may be equitably prorated by Landlord)apportioned to the Building. There shall be no duplication For the purpose of costs for reimbursements in calculating Operating Expenses. Operating Expenses for 2021 are presently estimated by Landlord to be $0.16 per rentable square foot determining Tenant’s Proportionate Share of space in the Premises per month. In addition to Operating Expenses, Tenant “controllable” Operating Expenses shall also be liable not increase by more than five percent (5%) per year on a cumulative and compounded basis (for the cost example, if controllable Operating Expenses are $3.00 / rsf in year one, then they shall not exceed $3.15 in year two, $3.31 in year three, $3.48 in year four and so on). It is understood and agreed that controllable Operating Expenses shall not include snow, ice and trash removal, utility expenses, taxes, management fees that are based on a percentage of all utilities supplied revenue or expenses (to the Premisesextent such percent is not increased), insurance premiums, extraordinary repairs, costs incurred to comply with any governmental requirements for which compliance was not required as of the Effective Date, and any other cost beyond the reasonable control of Landlord except those costs for services which Landlord self-performs. The foregoing cap shall not be applicable miring the first year of the term during any extension or renewal of this Lease (i.e., such cap shall be “reset” during any extension or renewal of this Lease).