Common Area Operating Costs is defined in Section 5.4.
Common Area Operating Costs means all costs and expenses of every kind and nature incurred by Landlord pursuant to the REA for owning, operating, maintaining, managing, equipping, insuring, securing, repairing, replacing, restoring and making improvements to the Common Area, including, but in no way limited to, the following (which are for broad general illustration purposes only):
Common Area Operating Costs means, for each calendar year (or portion thereof) during the term of this Lease, the aggregate of all costs, expenses and liabilities of every kind or nature paid or incurred by Owner (to the extent that Owner, in its good faith and judgment, regards it as reasonably necessary or appropriate to provide the services and materials hereafter referred to and to pay and incur the costs, expenses and liabilities hereafter referred to) in connection with: sweeping, cleaning, removing debris from, maintaining, restriping and repairing the Common Area; lighting the Common Area (including replacement of bulbs and ballasts, and painting, repairing, replacing and maintaining of light standards); providing project identification signs; providing signs and/or personnel for assisting in traffic control and management at the Common Area; constructing, operating and repairing, replacing and maintaining any on-site or off-site utilities necessary or appropriate for the operation of the Common Area; constructing, operating, repairing, replacing and maintaining any equipment and electric service facilities necessary or appropriate for the operation of the Common Area; constructing, operating, repairing, replacing and maintaining any HVAC, electric and roof chases; providing and maintaining planting and landscaping with respect to the Common Area; providing security services with respect to the Common Area (if such is provided by Owner, otherwise, Tenant is responsible for providing its own security); operating any loudspeakers or other equipment supplying music; utilities charges for any services to the Common Area; repairing, replacing and maintaining the roof of the Shopping Center and the buildings of which they are a part (including repairs and replacements to provide for adequate drainage and to gutters and downspouts); repairing, replacing and maintaining the structural portions of the Shopping Center and the building of which they are a part; repairing, replacing and maintaining utility lines located in the Common Area which do not exclusively serve one tenant in the Shopping Center; exterminating and post control in and about the Leased Premises and Shopping Center; periodic repainting of exterior walls, covered walkways and corridors of the buildings comprising a portion of the Shopping Center (including steam cleaning or sandblasting thereof or other graffiti-removal procedures); repairing, replacing and maintaining covered walkways and overhead canopies at the Sho...
Examples of Common Area Operating Costs in a sentence
If the agreed or confirmed audit shows an underpayment of Building Operating Costs or Common Area Operating Costs by Tenant, Tenant shall pay to Landlord, within thirty (30) days after the audit is agreed to or confirmed, the amount of such underpayment, and, if the agreed or confirmed audit shows an overpayment of Building Operating Costs or Common Area Operating Costs by Tenant, Landlord shall reimburse Tenant for such overpayment.
If the arbitration or other dispute resolution mechanism selected by the parties confirms that the Building Operating and Common Area Operating Costs, on a combined basis, were not overstated by 3% or more, then Tenant shall bear the cost of the audit and such arbitration or other dispute resolution mechanism.
In no event, however, shall Common Area Operating Costs include the amount of any deductibles paid with respect to any loss covered by earthquake coverage, where such deductible exceeds twenty-five thousand dollars.
Tenant shall pay to Landlord, as additional rent, Tenant's Proportionate Building Share of Building Operating Costs incurred by Landlord in respect of any Operating Year and Tenant's Proportionate Complex Share of Common Area Operating Costs incurred by Landlord in respect of any Operating Year, during the term of this Lease.
All sums payable by Tenant hereunder shall be an additional assessment under this Lease and may be included in the Common Area Operating Costs described in Section 5.03.
More Definitions of Common Area Operating Costs
Common Area Operating Costs shall include the total cost and expense incurred by Landlord in operating, lighting, striping, maintaining, cleaning, landscaping, repairing (including replacement and resurfacing) managing, signing, equipping and insuring the Common Areas within Lot Nos. 46.24 and 46.25 plus ten (10%) percent of the foregoing costs to cover Landlord's administrative and overhead costs. Such costs and expenses shall include, without limitation: cleaning; fire and police protection and general security (Landlord not incurring or assuming any obligation to provide such protection or security or any liability for the failure of the same); repairing and replacing paving; keeping the Common Areas supervised, drained, reasonably free of snow, ice, rubbish and other obstructions, and in a neat, clean, orderly and sanitary condition; the charges for rubbish containers and removal (except that at Landlord's option, Tenant shall be directly responsible for contracting for and for providing (subject to Landlord's approval of the provisions and conditions of the agreement therefor, such approval not to be unreasonably withheld or delayed) rubbish containers and removal); the maintenance of any and all fire protection systems servicing Lot Nos. 46.24 and 46.25; the cost of public liability insurance; keeping the Common Areas suitably lighted; maintaining signs (other than Tenant's signs), markers, painted lines delineating parking spaces, and o t her means and methods of pedestrian and vehicular traffic control; constructing, maintaining and repairing of onsite and offsite traffic controls; maintaining adequate roadways, entrances and exits; maintaining any plantings and landscaped areas; Lot Nos. 46.24 and 46.25 management fees incurred by Landlord, including management fees payable to parties or entities owned or controlled by Landlord or any of them; maintenance and repair of all utilities, utility conduits and storm drainage systems situated within or servicing Lot Nos. 46.24 and 46.25; fees for required licenses and permits; and depreciation of machinery and equipment used in the operation and maintenance of the Common Areas (to the extent the cost thereof is amortized with respect to the year in question) and personal property taxes and other charges incurred in connection with such equipment. Notwithstanding anything to the contrary contained in this Lease, Common Area Operating Costs shall expressly exclude: (a) the cost of any repairs made by Landlord because of the occurrenc...
Common Area Operating Costs shall include the total cost and expense incurred by Landlord in operating, lighting, striping, maintaining, cleaning, landscaping, repairing (including replacement and resurfacing) managing, signing, equipping and insuring the Common Areas within Lot Nos. 46.24 and 46.25 plus ten (10%) percent of the foregoing costs to cover Landlord's administrative and overhead costs. Such costs and expenses shall include, without limitation (including appropriate reserves): cleaning; fire and police protection and general security (Landlord not incurring or assuming any obligation to provide such protection or security or any liability for the failure of the same);
Common Area Operating Costs means all reasonable costs and expenses incurred or payable by Landlord in operating and maintaining the Common Areas (defined later) as may be reasonable, normal, and customary, but does not include costs or expenses excluded from Common Area Operating Costs elsewhere in this Lease, either expressly or impliedly. All Common Area Operating Costs shall be determined in accordance with generally accepted accounting principles, which shall be consistently applied. The Common Area Operating Costs shall be net and for that purpose shall be deemed reduced by the amount of any insurance reimbursement, other reimbursement, recoupment, payment, discount, credit, reduction, allowance, or the like received or receivable by the Landlord in connection with such Common Area Operating Costs.
Common Area Operating Costs shall be defined as the amount of Operating Costs allocable to the Common Areas in any Operating Year. All Operating Costs incurred by Landlord in respect of the Complex shall be allocated, in Landlord's reasonable judgment, among the Building, the other buildings of the Complex, and the Common Areas.
Common Area Operating Costs shall be defined as the amount of Operating Costs allocable to the Common Areas in any Operating Year. All Operating Costs incurred by Landlord in respect of the Complex shall be allocated, in Landlord’s reasonable judgment, among the Building, the other buildings of the Complex, and the Common Areas.
Common Area Operating Costs means the total costs and expense (other than the cost properly chargeable to capital account except as herein specifically provided) incurred in operating, managing (including property management fees), maintaining, repairing, relocating, modifying, renovating and replacing the common facilities hereinafter defined, including without limitation the costs of maintaining roof, walls, foundations, detention ponds, porches, sprinkler system, irrigation system, fire system, utility lines and resurfacing or patching the parking areas and labor associated with line painting, sidewalks and curbs, security and traffic control, ID signage, security alarm systems, public liability and umbrella insurance, gardening, watering and landscaping, lighting, maintenance of sanitary control, all costs for utilities to common areas, removal of snow, ice, drainage, rubbish, and other refuse, costs to remedy and/or comply with governmental and/or environmental and hazardous materials laws, regulations, ordinances or rules, repair or installation of equipment for energy‑saving or safety purposes, reserves for future maintenance and repair work (which Tenant hereby authorizes Landlord to use as necessary), any costs associated with any merchants’ association for the Shopping Center, depreciation on equipment and machinery used in maintenance, cost of personnel required to provide such services, all costs and expenses associated with Landlord’s obligation to repair and maintain the areas described in the agreement (if any), and such other items of cost and expense which are relatable to proper maintenance of the common facilities, plus ten percent (10%) of all of the foregoing costs to cover administrative cost relative to the common facilities.
Common Area Operating Costs and shall include all of the costs and expenses referred to in Section 6.5; provided, however, that the Owners of Parcel 10 or Parcel 4 shall have no obligation to pay any costs for replacement of "capital expense items" unless such Owner elects to have the Manager replace such items on the Common Area of its Parcel; all utility expense incurred in the Common Area for lighting, watering and maintaining the same; the utility expense for all monument and pylon signs in the Shopping Center; and, a management fee to the Manager equal to ten percent (10%) of the Common Area Operating Costs; provided, however, PACE and HD shall have no obligation to pay its pro rata share of more than five percent (5%) of the Common Area Operating Costs as a management fee. Except for the management fee, the Common Area Operating Costs shall not include any profit.