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refunds of Property Taxes, or components tlrereor, or the costs of contesting the validity of appiicabohy of any governmental enactmanLs wldch may
<br />affect Operating Expenses.
<br />(1) Fees for the udministration and management of the Project it an nmonnl equal to three percent (9%) of the gross
<br />revenues of the Nitta (which shall be grossed by Landlord up to one hundred percent (100%) occupancy on an annual basis), without regard to
<br />whedlcr rental fees so paid are greater or less Ilion such amount.
<br />(nt) Sales, use and excise taxes an goods and services purchased by Landlord for the management, maintenance,
<br />udarinistrntion or operation ol'lhe Building or the Project,
<br />(n) Fees for local civicorganizntions and dues for professional Irnda associations,
<br />(a) Payments under any covenants, conditions and restrictions pertaining to the Project or any easement, license or
<br />operating agreement or similar instmment wlrioh affects the Project,
<br />(P) Costs and expenses of Investigating, testing, documenting, monitoring, responding to, abating and remedlating
<br />Haznrdous Materials, other than abatement and remedlation costs with respect to Hazardous Materials actually known by Lendiord (on the Effective
<br />Date) to require abatement andlorremedlatton under applicableEnvironmentel Laws.
<br />(q) The costs of repairing, restoring and maintaining the Parking Facilities of Elie Project, including, without limitation, the
<br />resurfacing, reslriping end clashing of such fBeilittas.
<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 be excluded from Operating Expenses;
<br />(a) expenses relating to leasing space In duo project (Including tenant improvements, leasing and 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 IA of this Exhibit "E", parts (a) through (r), inclusive;
<br />(d) Property Taxes;
<br />(e) amounts received by Landlord on account of proceeds of insurance to the extent die proceeds are reimbursement fur expenses which were previously included in Operating Expenses;
<br />(1) except to the extent specifically provided in SLgmign, I OF (his Exill bit"E,, ports (a) dvnugh (r), inclusive, depreciation
<br />or payments of principal and interest on any mortgages upon the project;
<br />(g) payments or ground rent pursuant to any ground lease covering the Project;
<br />(h) subject to Section 2 of this Exhibit "E" die costs or gas, steam or Other fuel, operation of elevators and security
<br />systems; heating, milling, air conditioning and ventilating; chiilad water, hot slid cold dmnestie water, sewer sod other utilities or any other service
<br />wadi or facility, or level or amount thereof, provided to any other tenant or occupant in the Project which either (a) is not required to be supplied or
<br />furnished by Llu dlutd 10'1'ertwll under the provisions orthis Lease or (b) is supplied or furnished to Tenant pursuant to the tents of this Lease with
<br />separate or additional charge;
<br />0) the cost of the landlord's work; and
<br />(I) any Cost expressly excluded from Operating Expenses in all express provision contained in this Lease.
<br />I,6 "Excess Operating Expenses" means, with respect to any Expense Year, the positive excess, if any, of Operating Expenses
<br />at locnble hereunder to such Expense Your over Opernling 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 rho Property Taxes allocable
<br />hereunder to Stich Expanse Year over the Property Taxes allocable hereunder to the Base Year,
<br />1.9 "Tenant's Percenurgc Share" means the percentage set forth in C .2 of the Basic Lease Provisions! provided, however, that
<br />Landlord reserves the right Trom time to title during the 'Term of this Lease to recalculate'1'enaut's Pcrcenlage Share, is which case Tenant's
<br />Pcrcenlage Shure shall he calculated by dividing the number ofsquarc feet of itentnble Area in the Premises by (lie nualberofsup, feet ol'ILentnblu
<br />Area in the Project, and expressing sue[) quotient in the fan, o rrr parcelling,
<br />Cdculat'mi Methods and Adlustntentp,,
<br />2,1 'Ike variable components caropersdng Expanses ("Variable Expenses") liar all ,r tiny portion or any Expense Yeer (including
<br />the rinse Year) during which nctual Occupancy or the Project is less thus one hundred percent (100%) ordic Rentable Area of the Project shall be
<br />odjmsted by Landlord; us determined in good faith by hi ndlurd applying sound occoundug and properly management principles (and the provisions
<br />$al WO"k Cvan"r Drrv-C7)y uJ'S'unmAno Lear .2.
<br />Exhibit H
<br />80A-173
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