Exclusions from Operating Costs. Operating Costs will not include the following: (a) original construction costs of the Building or Project; (b) Real Estate Taxes; (c) depreciation of the Building (except as otherwise provided herein); (d) payments of principal and interest on any mortgages, deeds of trust, or other encumbrances on the Building; (e) costs to paint, decorate, or renovate a specific tenant’s space (specifically excluding base building improvements and systems and the common areas of the Project), unless such items are similarly provided to, or benefit generally, other tenants in the Building; (f) costs to repair, restore, or replace any item in the Building, to the extent Landlord is actually reimbursed therefore by proceeds from insurance, warranties, condemnation, a tenant of the Building or a third party; (g) leasing commissions, attorneys’ fees, space planning costs, permitting costs, license and inspection costs, moving costs and advertising or promotional costs Landlord incurs to lease space in the Building to tenants or prospective tenants of the Building; (h) any ground lease rental; (i) the cost of any capital improvements made by Landlord to the Building and/or Project, or capital assets acquired by Landlord after the Lease Commencement Date in order to comply with any local, state or federal law, ordinance, rule, regulation, code or order of any governmental entity or insurance requirement, including but not limited to, the Americans with Disability Act (each a “Legal Requirement” and collectively, the “Legal Requirements”) with which the Building and/or Project was required to comply at the Lease Commencement Date; (j) attorneys’ fees with respect to disputes with other tenants in the Building or Project; (k) all items or services for which another tenant of the Building reimburses Landlord (other than through Operating Costs); (l) Landlord’s general corporate overhead (except to the extent management/administrative fees are otherwise permitted in this Lease); (m) electric power costs for which any tenant directly contracts with the local public utility service; (n) all costs of Landlord’s political or charitable contributions; (o) interest or penalties arising from Landlord’s late payment of any costs relating to the Project (unless resulting from Tenant’s late payment to Landlord); (p) costs, fees, and charges paid to Landlord or Landlord’s affiliates for services in connection with the Building or Project to the extent such charges exceed the charges for comp...
Exclusions from Operating Costs. Operating Costs shall not include:
Exclusions from Operating Costs. Notwithstanding anything in this Lease to the contrary, the following items shall be excluded from the definition of Operating Costs:
Exclusions from Operating Costs. For purposes of this Lease, and notwithstanding anything in any other provision of this Lease to the contrary, “Operating Costs” shall not include the following:
Exclusions from Operating Costs. Operating Costs shall not include any of the following: ground rent; interest and amortization of funds borrowed by Landlord for items other than capital improvements; leasing commissions and advertising and space planning expenses incurred in procuring tenants; and salaries, wages, or other compensation paid to officers or executives of Landlord in their capacities as officers and executives.
Exclusions from Operating Costs. Operating Costs shall not include any of the following:
Exclusions from Operating Costs. Notwithstanding anything to the contrary set forth in the Lease, neither Complex Operating Costs nor Building Operating Costs (collectively, "Operating Costs") shall include the following:
Exclusions from Operating Costs. Operating Costs shall not include: (a) Amounts reimbursed by other sources, such as insurance proceeds, condemnation proceeds, warranties, judgments or settlements; (b) Utilities or other expenses paid directly by tenants to suppliers or paid by tenants to Landlord for separately metered or special services; (c) Ground rents; (d) Payments on any mortgage or other encumbrance;
Exclusions from Operating Costs. Notwithstanding anything to the contrary herein contained, Landlord’s cost for the purpose of computing Tenant’s common area charge shall expressly exclude: (i) wages, salaries, fees, and fringe benefits paid to administrative or executive personnel or officers of partners of the Landlord; (ii) any charge for depreciation of the Shopping Center buildings or equipment or any interest or other financing charge; (iii) any charge for Landlord’s income taxes, ex- cess profit taxes, franchise taxes; (iv) all costs relating to activities for the solicitation of an execution of leases of other spaces in the Shopping Center; (v) the cost of electric current furnished to any other leaseable area in the Shopping Center; (vi) the cost of correcting defects in the original construction of the Shopping Center; (vii) the cost of any repair made by Landlord due to the total or partial destruction of the Shopping Center subsequent to the date of original construction or the exercise of the right of eminent domain; (viii) the cost of any repairs, alterations, addi- tions, changes, replacements or other items which under generally accepted accounting principles are properly clas- sified as capital expenditures to the extent that same upgrade or improve the Shopping Center as opposed to re- placement of existing items that have been worn out; (ix) the cost of testing for, or the cost of removal of, asbestos, asbestos containing material or other hazardous substance or material from the Shopping Center land or buildings;
Exclusions from Operating Costs. In no event shall Operating Costs include any of the following: (a) ground rent and mortgage interest, (b) leasing commissions, costs of legal and other professional fees incurred in preparing, negotiating and executing leases or in resolving any disputes with tenants, (c) the cost of electrical energy furnished and metered directly to tenants of the Shopping Center, (d) cost of any tenant installations and decorating expenses incurred in connection with preparing space for any new tenant, (e) overhead costs, salaries and similar items over and above the 15% allowance set forth in Section 4.01, (f) income taxes imposed upon Landlord, (g) cost of any special work or services performed by or at the request of any tenant, within tenant's premises, (h) costs incurred by Landlord, including legal and other professional fees, as a result of a breach by any tenant or Landlord of obligations under a lease, (i) increased insurance premiums caused by acts of any tenant, (j) costs of a capital nature, unless they result in decreased operating expenses (i.e., installation of an energy management system), (k) costs which are covered by insurance or by any manufacturer warranty, excluding any applicable deductibles and (l) depreciation.
