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refunds of Property Taxes, or components thereof, or the costs of contesting the validity of applicability of any govemmental enactments which may
<br />affect Operating Expenses.
<br />(1) Fees for the administration and management or the Prajccl in an amount equal to three percent (3%) of the gross
<br />revenues or the Project (which shall be grossed by Landlord up to one hundred percent (100%) occupancy on all stain aI basis), without regard to
<br />whether actual fees so paid are greater or less than such amount.
<br />(m) 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 Protect.
<br />(n) Fees for local civic organizations and dues for profl:ssional trade associations
<br />(a) Payments tinder any covenants, conditions and restrictions pertaining to the Project or any easement, license or
<br />opemli rig agreement or simi lm' instrument which affects the Project,
<br />(p) Costs and expenses of investigating, testing, documenting, monitoring, responding to, abating and remediating
<br />Hazardous Materials, other than abatement and remediation costs with respect to Hazardous Materials actually known by Landlord (on the Effective
<br />Date) to require abatement and/or remediation under applicable Environmental Laws.
<br />(q) The costs of repairing, restoring and maintaining the Parking Facilities of the Project, including, without limitation, the
<br />resurfacing, restriping and cleaning of such 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 he excluded from Operating Expenses:
<br />(a) expenses relating to leasing space in the Project (including tenant improvements, leasing clad brokerage commissions
<br />and advertising expenses);
<br />(b) legal fees and disbursements incurred for collection of tenant accounts or negotiation of leases, or relating to disputes
<br />between Landlord and other tenants and occupants of the Building;
<br />(a) Capital Items unless specifically permitted by Section 'I A of this Exhibit "T parts (a) through (r), inclusive;
<br />(d) Property Taxes;
<br />(e) amounts received by Landlord on account of proceeds of insurance to the extent the proceeds are reimbursement for
<br />expenses which were previously included in Operating Expenses;
<br />(1) except to the extent specifically provided in Section IA of this Exhibit "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 lease covering the Project;
<br />(h) subject to Section 2.1 of this Exhibit "E", the costs of gas, steam or other ftiel; operation of elevators and security
<br />systems; hcalfng, cooling, air conditioning and ventilating; chilled writer, hot and cold domestic water, sewer aad other utilities or any other service
<br />work or facility, or level or amount thereof, provided to any other tenant or ocenpant 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 frunished to Tenant pursuant to the tens of this Lease with
<br />separate or additional charge;
<br />(i) the cost of the Landlord's Work; and
<br />(I) any cost expressly excluded from Operating Expenses in an express provision contained in this Lease.
<br />1.6 "Excess Operating Expenses" means, with respect to any Expense Year, the positive excess, if any, of Operating Expenses
<br />allocable hereunder to such Expense Year 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, if any, of the Property Taxes allocable
<br />hereunder to such Expense Year over the Property Taxes allocable hereunder to the Base Year.
<br />1.8 *'['a a an Cs Percentage Sliare" means the percentage set forth in Item5.2 orthc Basic Lease Provisions: provided, however, that
<br />Landlord reserves the right from time to time during the 'form of this Lease to reealculate'I'enant's Perreentage Share, in which case Tenant's
<br />Percentage Share shall be calculated by dividing the number of square feel of Rentable Aica in the Premises by the number ol'squnre feet ul'Remablc
<br />Ai La In the Pigjeel, and expressing such quotient In the form of a percentage.
<br />2. Calculation hi etimds and Adinstments.
<br />2.1 fit, variable components of Operating Expenses ("Vnria ble Expenses") Ilv all or any portion or any Expense Yes[' (including
<br />the Base Year) during which actual occupancy of the Project is less than one hundred percent (100%) of: the Rentable ,Area of the Project shall be
<br />adjusted by Landlard; m determined in good faith by Landlord applyina sound accounting and properly management principles (and the pmvisions
<br />801 It"Chic Exhibit 12
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