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refunds or Property Taxes, or components thereof, or the costs of contesting the validity of applicability of any governmental enactments which may
<br />affect Operating Expenses.
<br />(1) Fees for the administration and management of the Project in an amount equal to three percent (3%) of the gross
<br />revenues of the Project (which shall be grossed by Landlord up to one hundred percent (100%) occupancy on an annual basis), without regard to
<br />whether actual fees so paid are greater or less than such amount.
<br />(ro) Sales, use and excise taxes on goods and services purchased by Landlord for the management, maintenance,
<br />administration or operation of the Building or the Project.
<br />(n) Fees for local civic organizations and dues for professional trade associations.
<br />(o) Payments under any covenants,. conditions and restrictions pertaining to the Project or any easement, license or
<br />operating agreement or similar instrument which affects the Project.-
<br />(p) Costs and expensesepa )nvestignting, testing, documenting, monitoring, responding to, abating and remediating
<br />Hazardous Materials, other than abatement and iemediation costs with respect to Hazardous Materials actually known by Landlord (on the Effective
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<br />Date) to require abatement mud/or remediation under applicable Envinimmel; u Laws.
<br />(q) The costs -of repairing,;restoring and maintaining the Parking"NO116e5 of the Project, including, without limitation, the
<br />resurfacing, reslripingand "cleantngeiisuch fl lities ' -
<br />(r) Any costs,-t'aes,-amounts, disbursements and expenses'whichare generally included in Operating Expenses under
<br />Institutional Owner Practices -
<br />1.5 The following`Casts-and expenses shall be excluded from Operating Expenses;' '
<br />jay expenses relating to leasing space in the Project (including tenant improvements, leasing and brokerage commissions
<br />and advertising expenses);
<br />(b) legal fees and disbursements Incurredfor collecfuil of tenant accounts or negotiation of leases, or relating to disputes
<br />between Landlord and other tenants and occupants of the B'tjilding; - -
<br />(e) _` Capital Revs unless specifically peroutted by Section 1,4 ofthis sExhibit "E' parts (a)through (r), inclusive;
<br />,Property Taxes,
<br />(a) `.. amounts race€ved by Landlord on account of proceeds or insurance to die extent the proceeds are reimbursement for
<br />expenses which were previously included in Oparating Expenses; -
<br />(f) except to the extent specifically provided in Section 14 ofthi's ExIijbit "E" parts (a) through (r), inclusive, depreciation
<br />or payments of principal and interest on any mortgages upon the Project;....
<br />(g) payments of ground rent pursuant to any ground ]ease covering the Project;. .
<br />(11) subject to Section 2 12 1 of,his yh•blt'V' the costs orga's, steam or other fuel, operation of elevators and security
<br />systems; heating, Willing, uir conditioning and ventilating; chilied•woter, hot and cold domestic water, sewer and other utilities or any other service
<br />work o• facility, or level or amount thereof,.provided lu'.my other'tenant or occupant in the Project,which either:(a) is not required to be supplied or
<br />furnished by Landlord to Tenant under the provisions of this Lease -or.(b) is supplied or furnished to Tenant pursuant to the terms 'of this Lease with
<br />separate or additional charge;
<br />(r) ttlie '.cost of the Landlord's Work; and
<br />Q) any eosl expressly excluded'fib'm Oper •rung Expenses in ail expires provision contained in this Lease.
<br />116 "Excess Operating Expenses" mains, with respect to any Expanse Year, the positive excess, it' any, of Operating Expenses
<br />allocable hereunder to such Expense Year river Operating Expenses allocable lereunder to tile Base YCar... '
<br />1.7 "Excess Property Taxes" rnenna, nyith respeetto any Expunso-Year, theposit'ive excess, if any, of the Propeity Taxes allocable
<br />hereunder to such Expense Year over the Property Taxes allocablo�lreruundei to..the.Dase Year,
<br />1.8 "Tenmtf.r' Percentage Shari' means the Percentage set forth in Ite it i 5.2 orthe Basic Lease ('revisions: provided, however, thin
<br />Landlord reserves the right ti•om time to time during the Term of this Lea.su to recalculate Tenant's Parecntagc Share, in which case Tenant's
<br />Percentage Shure shall be calculated by dividing the number of square feet of Rentable Area in the Premises by the number ol'square feet ol'Rentablc
<br />Area in the Project, and expressing such quotient In the form ora percentage.
<br />Calculation Methods and Adjustments.
<br />2.1 The variable components ol'Operating Lxpenscs ("Variable Expenses") Ibl' all or any portion orally Expense Year (including
<br />the Base Year) during which actual occupancy of the Project is less than anc hundred percent (100`,,,) of the Rentable Area of the Project shalf be
<br />ndlusled by Landlord, as determined in good faith by I..andlurd applyine sound nccounliug mid property management principles (and the provisions
<br />$01 O'Ch•re Ceeter Dr-C'i(v q/'Snuta; bin Lease -2. Exhibit E
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