Excluded Costs means (i) any local, state or federal gross, adjusted gross or net income taxes; (ii) any fines, penalties, damage or assessments resulting from a violation of mining laws or regulations, as the same may be in effect from time-to-time, where such violation is flagrant, willful or intentional, or results from "high negligence" or "reckless disregard," as such terms are defined in applicable MSHA rules, regulations, orders or releases in effect from time-to-time; (iii) deductibles applicable to any of the insurance coverages required to be maintained pursuant to the CMA to the extent the loss arises out of any grossly negligent, willful or reckless act or failure to act by BPM or its employees, contractors or agents; (iv) any indemnity obligation arising out of the CMA or this Agreement; or (v) any liability arising from a breach of the CMA or this Agreement by BPM.
Operating Costs shall include, without limitation, those categories of Specifically Included Operating Costs, as set forth below, but shall not include Excluded Costs, as hereinafter defined.
Operating Costs shall include, without limitation, those categories of Specifically Included Categories of Operating Costs, as set forth below, but shall not include Excluded Costs, as hereinafter defined.
Subject to the Excluded Costs relating to the Project, the term Project Operating Costs means all expenses, costs, and amounts of every kind or nature that Landlord pays or incurs because of or in connection with the ownership, operation, management, maintenance, or repair of the Project, including the Project Common Areas, which for purposes hereof will include all portions of the Project other than the Building and any other similar office building(s) within the Project from time to time.
Operating Costs shall include, without limitation, those categories of "Specifically Included Operating Costs," as set forth below, but shall not include "Excluded Costs," as hereinafter defined.
Notwithstanding the foregoing, the Project Operating Costs will exclude any Excluded Costs relating to the Project.