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EXHIBIT 3
<br />refunds of Property Taxes, m• components thereof, or the costs of Probes ling the validity of applicab! tty of Any governmental enactments wbloh may
<br />affect Operating Expenses.
<br />(1) Fees for tine administration and management of the Project in tin amount equal to three percent (9%) of the gross
<br />revenues of the Project (which shall be grossed by Landlord up to one hundred perwiit (100%) occupancy on ail annual basis), without regard to
<br />tvhetiner actual fees so paid air greater or less Ilion such amount.
<br />(m) Sales, use and excise taxes on goods and services purchased by Landlord for the management, maintenance,
<br />administration or ape ration Off he Build Ingorthe Ploject
<br />(n) Fees for local civic organlzntions and than for proItssional Irada associations,
<br />(a) Payments under any covenants, conditions and restrictions pertaining to the Project or any easement, license or
<br />operali ng agreement or similar instrument which effects the Project.
<br />(P) Costs and expensos of investigating, testing, documenting, monitoring, responding to, abating and remedieting
<br />Hazardous Materials, other than abatement and rennedlation costs with respect to Hazardous Materials actually known by Landlord (on the Effective
<br />Bole) to require abatement mid/or remedistlon under applicable Environmental Laws.
<br />(q) The costs of repairing, restoring and maintaining the Parking Facilities of Ina Project, Including, without limitation, die
<br />resurfacing, restdping and cleaning ofsuch facilities,
<br />(r) Any costs, fees, amounts, disbursements and expenses which are generally included In Operating Expenses under
<br />Institutional Owner Practices,
<br />1.5 The following costs and expenses shall be excluded from Operating Expenses;
<br />(a) expenses relating to leasing space In die Project (including tenant improvements, leasing and brokerage commissions
<br />and advertising expenses);
<br />(b) legal fees and disbursements Incurred for collection ortenant accounts or negotiation of leases, or relating to disputes
<br />between Landlord and other tenants and occupants of the Building;
<br />(e) Capitol Items unless specifically permitted by Section 1 d orlhis Exhibi " ", parts (a) through (r), inclusive;
<br />(d) Property Taxes;
<br />(a) amounts received by Landlord on account of proceeds of insurance to the extent die proceeds are reimbursement for
<br />expenses which were previously included hi Opemtiog Expenses;
<br />(� except to the extent specifically provided in Section I orthis Exhibit "E" parts (a) through (r), inclusive, depreciation
<br />or payments of principal and interest on any mortgages upon the Project;
<br />(9) payments of ground rent pursuant to any ground lease covering the Project;
<br />(In) subject to Section 2 of this Exhibit "Et' the Posts of gas, steam or other fuel; operation of elevators and security
<br />systems; hooting, cooling, Or conditioning and ventilating; chilled water, hot And cold domestic water, sewer and other utilities er any other service
<br />work or facility, ar level or amount thereof, provided to any other tenant or occupant in the Protect which either (a) is not required to be supplied or
<br />furnished by Landlord to Tenant under die provisions of Ihis Lease or (b) is supplied or furnished to Tensul pursuant to the terms of Oils Lease with
<br />separate or additional charge;
<br />(i) the Post of the Landlord's Work; and
<br />0) oily coal expressly excluded from Operating Expenses in an express provision contained in this Lease.
<br />1.6 "Excess Operating Expenses" means, with respeet to Oily Expense Year, the positive excess, If nay, of Operating Expenses
<br />niucnble hereunder to such Expense Yeur over Operating Expenses allocable hereunder to the Base Year,
<br />1.7 "Excess Property Taxes" means, with respect to any Expense Year, the positive excess, [rally, of the Properly Taxes allocable
<br />hereunder to such Expense Year over the Property Taxes ullocablc hercundu'to die Base Year.
<br />1.8 "Tenant's Perecnhrge Shure" means the percentage set fmtli In c i 2 of the Basic Lease Prcvislonst provided, however, that
<br />Landlord reserves the rfgln from line to time during the Term of this Lome to recalculate 'tenant's Pcrcanage Share, ill which cnse Tenant's
<br />Poreanlage Shure shall be colculnled by dividing the 'number ofsqunre fuel of Rentable Aran in the Premises by the number ofsgaare feet of'Rentnble
<br />Alin in the Project, and expressing such quntfent in tile form of It percentage.
<br />(hteulntimt hd if It And Ad Iushuopits,
<br />2.1 ')lie variable cmuponents or Operning @xpanscs ("1+m•inble Expenses") liar till or Any portion of oily Expense Year (Including
<br />the Base Ycnr) during which actual occupancy or the proJect is less ban hue hundred percent (100%) orthe Rentable Area of[Ila Proloct shall be
<br />adjusted by Landlord, us determined in good faith by landlord Applying sound accounting and property management principles (and the provisions
<br />801 lit Cn)Inv &—CilP el Srrohran i Lyrae •21 Exhibil r
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