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EXHIBIT "C"
<br />ADDITIONAL RENT
<br />I. Definitions.
<br />1.1 "Base Year" means the calendar year specified in Mani 5.1 of the Basic Lease Provisions.
<br />1.2 "Expense Year" means each calendar. year in which any potion of the Term of this Lease falls, through and including the
<br />calendar year in which the Term orthis Lease expires.
<br />1.3 "Property Taxes" means all real property taxes, assessments, fees, charges, or impositions and other similar governmental or
<br />quasi -governmental ad valorem or other charges levied on or attributable to the Project or its ownership, operation or transfer orally and every type;
<br />kind, category or nature, whether direct or indirect, general or speclal, ordinary or extraordinary and all taxes, assessments, fees, charges or similar
<br />impositions imposed in lieu or substitution (partially or totally) of the same including, without limitation, all taxes, assessments, levies, charges or
<br />impositions: (a) cn any interest or Landlord or any mortgagee of Landlord in the Project, the Building, the Premises or in this Lease, or on the
<br />occupancy or use orspace in the Project, the Building or the Premises; (b) (c) on any transit 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 Postreet, refuse, police,
<br />sidewalks, fire protection and/or Similar services and/or maintenance, whether previously provided without charge tar for 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; (a) on any possessory taxes charged or levied in lieu
<br />of real estate taxes; and (f) 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 Property 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 the same is specifically included within the definition of
<br />Property Taxes above or oihelwisc shall be imposed in lieu of real estate taxes or other ad valorem taxes.
<br />1.4 "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, restoration,
<br />management, replacement or repair of the Project: .
<br />(a) Premiums for property, casualty, liability, rent interruption, earthquake, flood or other types of insurance carried by
<br />Landlord from 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 manager,
<br />superintendent, operation and maintenance staff, the Parking Facilities manager, concierge (if any) and other employees of Landlord) involved in the
<br />maintenance and operation of the Building or the Project, including contributions and premiums towards fringe Benefits, unemployment taxes and
<br />insurance, social security taxes, disability and workers 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 of any independent conuactors or property managers
<br />engaged in the operation, repair, care, maintenance and cleaning of any portion of the Building or the Project.
<br />(e) Cleaning expenses, including without limitation, janitorial services, window cleaning, and garbage and refuse removal.
<br />(d) Landscaping and hurklseape expenses, including without limitation, irrigating trimming, mowing, fertilizing, seeding,
<br />and replacing plants, trees and hardscape.
<br />(e) The cost of'providing fuel, gas, electricity, water, sewer, telephone, steam and other utility services.
<br />(0 The 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 />fire/li fa snfety, security and energy management systems, including service contracts, maintenance contracts, supplies and parts with respect thereto.
<br />(g) The costs of providing access control services for, and supervision of, the Project.
<br />(h) Rental. supplies and other costs with respect to lie Opel adan of the management office for the Building.
<br />(i) All cost and fees Air licenses, cerlificates, permits and inspcotions, and the cost incurred in connection with the
<br />implementation Ora transportation system nnnagemant program or similar program.
<br />(l) The cost of replucement.. repair, acquisition, installation and modification of: (A) carpeling and wall coverings, ceiling
<br />systems trod fatures in the Conunon Areas, and other furnishings in the Common Areas, (B) matcriols, mods, supplies and equipment purchased by
<br />Landlord which are used in the inaintmenee, operation and repair of' the Project, and (C) any other form of improvements, additions, repairs, or
<br />replacements to the Project or the systems. equipment or machinery operated or used in connection with the Project; provided, however, that with
<br />respect to the items described in clauses (A), (B) and (C) above which constitute a capital item, addition, repair or improvement (collectively
<br />"Capital Items") under sound accounting and Property management principles consistently applied and determined by Landlord, in each case the
<br />COS( of such Capital Items shall be amortized (will) interest at the Interest Rifle)': over the useful we (the usefni i..itc") ofsuch Capital Iran, as
<br />determined by the Landlord in accordance with sound accounting and property management principles consistently applied or such other period tns
<br />shall be consistent with lost{lulional Owner Practices.
<br />(it) - Attorneys', accountants' and Consultants' fees and expenses in connection with the management, operation.'
<br />administration. maintenance and repair of the Project, including. but not limited to, such expenses that relate to seeking or obtaining reduclions in or
<br />801 IMvie Crru¢r,nr-Cie! ufStnun anrr Lease Exhibit E
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