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EXHIBIT 3
<br />EXHIBIT "C"
<br />A BB ITIONAL UNT
<br />III "Base Year" means the colendaryear specified in Ile, S Ofthe BasittLease Provisions.
<br />1.2 "Expense Year" means each calendar year in which any pomfon of the Term or this Lease foils, through and including the
<br />calendar year (n which die Term orthis Lease expires.
<br />1.3 "Prroperty, Tr s° means all real property taxes, assessments, Ibes, charges, or impositions and other shiiilar governmental Or
<br />quasi•governuneelal ad valorem or other charges levied on or athibutable to the Project or Its ownership, operation or ton ller orany and every typo;
<br />kind, category or nature, whether direct or Indirect, general or special, ordinary or extraordinary and all taxes, assessments, fees, charges or similar
<br />imposltions Imposed in lieu or substitution (partially or totally) of the same including, without Ihnitalion, all taxes, assessments, levies, charges or
<br />Impositions: (a) on oily Interest of Landlord or any mortgagee of Landlord In the Project, the Building, the Premises or in I1113 Lease, or on the
<br />Occupancy or use orspace In the Project, the Building or the Premises; (b) (0) on any tranall taxes or charges, business or license fees or taxes, annual
<br />or periodic license or use fees, park and/or school fees, ails charges, parks charges, housing fund charges; (d) imposed for street, refuse, police,
<br />sidewalks, fire protection and/or simllar services and/or maintenance, whether previously provided without charge or far a different charge, whether
<br />provided by governmental agencies or private parties, and whether charged directly or indirectly through a funding mechanism designed to enhance
<br />or augment benefits and/or services provided by governmental or quasi -governmental agencies; (e) an any possessory taxes charged or levied in lieu
<br />Of real estate taxes; and (1) any costs or expenses incurred or expended by Landlord in investigating, calculating, protesting, appealing or otherwise
<br />attempting to reduce or minimize such taxes. There shall be excluded from Properly Taxes all income taxes, capital stock, inheritance, estate, gift, or
<br />any other taxes imposed upon or measured by Landlord's gross income or profits unless die snme is specifically included within the dermition OF
<br />Properly Taxes above or otherwise shall be imposed in lieu of real estate taxes or otter ad valorem taxes.
<br />IA "Operating Expenses" means all costs, fees, amounts, disbursements and expenses of every kind and nature paid or Incurred by
<br />or on behalf of Landlord with respect to any Expense Year in connection with the operation, ownership, maintenance, insurance, tustomlion,
<br />management, replacement or repair oF[he Project:
<br />(a) Premiums for property, casualty, liability, rent Interruption, earthquake, flood or other types of insurance carried by
<br />Landlord Flom time to time, and any deductibles thereunder actually paid by Landlord with respect to the Project.
<br />(b) Salaries, wages and other amounts paid or payable for personnel (including, without limitation, the Project uhanager,
<br />superintendent, operation and maintenance staff, the Parking Facilities manager, concierge (if any) and other employees of Landlord) involved in die
<br />maintenance and operation urthe Building or the Project, Including contributions and premiuns towards Fringe benefits, unemployment taxes and
<br />Insurance, social security taxes, disability and worxer's compensation insurance, pension plan contributions and similar premiums and contributions
<br />which may be levied on such salaries, wages, compensation and benefits and the total charges crony independent contractors or propelly managers
<br />engoged in the Operation, repair, cure, ninintenunce and cleaning of oily portion orthe Building orthe Project.
<br />(c) Clashing expenses, including without linnloldbo,janitorial services, window clearing, and garbage and refuse removal.
<br />(d) Landscaping and hariscupe expenses, including without limitation, irrigating, trimming, mowing, Fertilizing, seeding,
<br />and replacing plants, trees and hardscupe.
<br />(e) The cost of providing fuel, gus, electricity, water, sower, telephone, steam and other utility services,
<br />(f) T'hc cost of maintaining, operating, restoring, renovating, managing, repairing and replacing components of equipment
<br />or machinery, including, without limitation, heating, refrigeration, ventilation, electrical, plumbing, mechanical, elevator, escalator, sprinklers,
<br />I'll snfety, security nod energy nhanagenieml systems, including service contracts, maintenance contracts, supplies and parts with respect thereto.
<br />(g) 1'110 coals of Providing access control services for, and supervision or, the Project,
<br />(h) Rental. supplies and other costs with respect to the Operation Of (he management office for ilia Building.
<br />(I) All cost and fees for licenses, certificates, pmmils and inspections, and the cost incurred in connection with the
<br />inhplcnonlnton Or it system management program or similar program.
<br />(i) The cost orreploccncnt, repair, acquisition, installation and modification or: (A) carpeting and wall coverings, ceiling
<br />systems and fi.eniros in the Common Arens, and Other furnishings io the Common Areas, (B) materials, tools, supplies and equipment purchased by
<br />Landlord which are used in the nhaiuennnce, operation nod repair Of the Project, and (0) tiny edict• form or improvements, Widens, repairs, or
<br />rcpinOenhents to the Project or the systems. equlpme t or machinery oriented or used in coumeCdOn with the Project; provided, however, that with
<br />respect to the items described in clauses (A), (11) aril) (C) above which constitute a capitol ilchn, addition, repair Or nopruvemeol (eulleetvehy
<br />"Capital Items") under sound accounting and pr❑poly Managerial I prinelples consistently applied and determined by Landlord, in each case (he
<br />cost Of such Capital Itdrns shut] he amortized (whh Interest at (he Interest Rate) over the userhl Me (the *Tsel'ul L.IN") orsuch Capital Itarnh, as
<br />determined by the Landlord in accordance with sound nccomning and property 'arrangement PrinciplescOnghtiOrdy applied Or such other period as
<br />$hhall be consistent with fil%lh tTonal Owner Practices.
<br />(k) Auurneys', ncetmnrar Ls` laid consultants' fcas aid expenses in connection with the management, operation,
<br />administration. maintenanco and repair ol'tho Projeen, including, but nOI limited to, such expenses that reline on seeking or obtaining reducliwhs in or
<br />401IVC'iu1rC'enrrr Or—Cl(I'uf'Srnunanrr Leave -t- tSxhibit E
<br />80A-695
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