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NEGOTIATING KEY LEASE PROVISIONS A Landlord's Point of View - page 40 / 60

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(viii) Any capital improvements made or installed for purposes of saving labor or otherwise reducing applicable operating costs amortized over the useful life of such improvements, as determined by Landlord in accordance with generally accepted accounting principles and practices in effect at the time of acquisition of the capital item;

(ix)

Cost of repairs and replacements; provided that the cost of capital repairs and

replacements shall be amortized over the useful life of the same.

(x)

Costs in connection with maintaining and operating any garage owned by the Landlord

for use by tenants of the Building;

(xi)

All taxes and assessments and governmental charges whether federal, state, county or

municipal and any other taxes and assessments attributable to the Property and/or the Building or

its operation, including without limitation real property taxes and assessments and any tax or other levy, however denominated, on or measured by the rental collected by the Landlord with respect to the Building, or on Landlord's business of leasing the Building, but excluding federal and state taxes on income;

(xii)

The cost of maintaining any public transit system, vanpool, or other public or semi-public

transportation imposed upon Landlord's ownership and operation of the Building;

(xiii)

Cost of all accounting and other professional fees incurred in connection with the

operation of the Property and/or the Building;

(xiv)

A management fee, not to exceed current market rates, which may be payable to the

Landlord or a third party property manager;

(xv)

Cost of replacing nonspecialty lamps, bulbs, starters and ballasts used in the Building,

other than those for which the cost is billed directly to a tenant.

Operating Expenses shall not include expenses for which the Landlord is reimbursed or indemnified (either by an insurer, condemnor, tenant or otherwise); expenses incurred in leasing or procuring tenants (including, without limitation, lease commissions, legal expenses, and expenses of renovating space for tenants); legal expenses arising out of disputes with tenants or the enforcement of the provisions of any lease of space in the Building; interest or amortization payments on any mortgage or mortgages, and rental under any ground or underlying lease or leases; costs of any work or service performed for or facilities furnished to a tenant at the tenant's cost; the cost of correcting defects (latent or otherwise) in the construction of the Building, except those conditions (not occasioned by construction defects) resulting from wear and tear shall not be deemed defects; and costs of capital improvements and depreciation and amortization (except as provided in Section or otherwise above). Landlord and Tenant shall each from time to time upon request of the other sign a written memorandum confirming the amount of the Additional Rent as adjusted from time to time hereunder.

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