OPERATING EXPENSE EXCLUSIONS. Notwithstanding anything in this Lease to the contrary, the 5 following expenses are excluded from Building Operating Expenses: a) Repairs or other work occasioned by fire, windstorm or other insurable casualty or condemnation to the extent such expense is actually covered by the insurance proceeds or the condemnation award, as the case may be. b) Leasing commissions, attorney's fees, costs and disbursements and other
... expenses incurred in connection with negotiations or disputes with tenants, other occupants, or prospective tenants or other occupants. c) Expenses incurred in renovating or otherwise improving or decorating, painting or redecorating space for tenants or other occupants or vacant space. d) Landlord's costs of electricity and other services sold to tenants and for which Landlord is entitled to be reimbursed by such tenants as an additional charge or rental over and above the basic rent payable under the lease with such tenant. e) Except as otherwise provided above, costs incurred by Landlord for alterations, repairs or replacements which are considered capital expenditures under generally accepted accounting principles. f) Expenses in connection with services or other benefits of a type which are not provided Tenant but which are provided to another tenant or occupant. g) Costs incurred due to violation by Landlord or any tenant of the terms and conditions of any lease. h) Overhead and profit increment paid to subsidiaries or affiliates of Landlord for services on or to the real property, to the extent only that the costs of such services exceed competitive costs of such services were they not so rendered by a subsidiary or affiliate. i) Interest on debt or amortization payments on any mortgage or mortgages, and rental under any ground or underlying leases or lease. j) Any compensation paid to clerks, attendants, or other persons in commercial concessions operated by Landlord. k) Advertising and promotional expenditures. l) Expenses for the replacement of any item covered under warranty. m) Cost to correct any penalty or fine incurred by Landlord due to Landlord's violation of any federal, state, or local law or regulation and any interest or penalties due for late payment by Landlord of any operating expenses. n) Landlord's general corporate overhead and administrative expenses, except if it is solely for the Building. o) Interest or penalties arising by reason of Landlord's failure to timely pay any Operating Expenses. Tenant and Tenant's auditors may inspect Landlord's records during Landlord's normal business hours at the office where Landlord maintains its Building Operating Expense records and only upon first furnishing fourteen (14) day advance written notice. Tenant shall, however, be entitled to only one such inspection each calendar year (which may be more than 1 day). No audit shall be conducted at anytime that Tenant is in default of any terms of this Lease. No subtenant shall have any right to conduct an audit and no assignee shall conduct an audit for any period during which such assignee was not in possession of the Premises. Tenant shall deliver to Landlord a copy of the results of such audit within fifteen (15) days of receipt by Tenant.
View More
