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EXHIBIT 1D
<br />refunds of Property Taxes, or components thereof, or the costs or coil esling the validity of appI cat! I]Ly orally gave,, men IsI enachnenls which rally
<br />affect Operating Expenses.
<br />for
<br />le
<br />ri and
<br />ent Of
<br />ross
<br />reven ues of the I'V*01 (which she11 be grossed nbyrLandlOrd up to one hhund edtperrcet (100%) accupluic0l, in tin oncyton oal n IonnuOiI basis), erocill (will) out rlegole rd to
<br />whether acuml fees so paid aitgratop or less lion au oil amount.
<br />(nil) Sates, use and excise taxes on goods and services purchased by Landlord for the manngeme❑l, mahitennnce, administration a-operatio it of the Do 1 Id Ing or the Poject,
<br />(ti) Fees for local civic organizations and dues for professional trade pssocintions,
<br />(a) Payments under any covenants, conditions and restrictions pertaining to the Project or any eosement, license or
<br />orearathng agreement or similar instrument which effects the Project,
<br />Costs expenses
<br />Hazardous Materials, other th nabaten a tainvestigating nd re n dlationc sts ithtrespect tooFiatardo s Materimonitals actually known by Landlord (on thng, responding to, abating and e Effective
<br />Date) tc requite abatement and/or remediodon under applicable Environmental Laws.
<br />(q) The costs of repairing, rostorbig and maintaining the Parking Facilities orlhe Project, including, without limitation, the
<br />resurfacing, restriping and cleaning of auch facilities,
<br />W Any costs, fees, amounts, disbursements and expenses which are generally Included In Operating Expenses under
<br />Institutional Owner Practices.
<br />18 The following costs and expenses shall be excluded Gem operating Expenses;
<br />(n) expenses relating to leasing space in the Project (Including tenant improvements, leasing and brokerage commissions and advertising expenses);
<br />(b) legal fees and disbursements Incurred for eoileotlon ortenant accounts ornegoliation of leases, orrelating to disputes
<br />between Landlord and other tenants and Occupants of the Building;
<br />(c)" Capital Items unless specifically permitted by Section 1,4 of Ihls Exhibit "E", parts (o) through (r), inclusive;
<br />(d) Property Taxes;
<br />(a) amounts received by Landlord on Account of proceeds of insurance to the extent die proceeds are reimbursement for expenses which were previously included In Operating Expemsas;
<br />(f) except to the extent specifically provided in Section 14 orthfs Exhibit "E" ports (a) trough (r), inclusive, depreciation
<br />erpaymenU of principal and interest on any mortgages upon the Project;
<br />(9) payments orground rent pursuant to any ground lease covering the Project;
<br />(h) subject to Section 2 of this Exhibit "'E"- We oasts of gas, steam or other fuel; operation of elevators and security
<br />systems; heating, cooling, Or conditioning and ventilating; chilled water, hot and cold domestic water, sewer and other utilities or any other service
<br />work or facility, ar level or amount thereof, provided to any other tenant or occupant in the Project Which either' (a) is not requlmd to be supplied or
<br />farriishcd by Landlord to Tennt 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 />(i) the cost of the Landlord's Work; and
<br />U) Oily cost expressly excluded from Operating Expnsas in An express provision contained in this Louse.
<br />1,6 "Excess Operating Expenses" means, with respecl to any Expense Year, the positive excess, If any; of Operating Expenses
<br />ilocable hereunder to such Expense Your over Operating Expenses allocable hereunder to the Base Your.
<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 ullocnble hereunder to die Base Year.
<br />I's °Tenant's Percentage Share" means die percentage set 1'01411 in I era 5.2 of the Earle Lease Provisions! provided, however, that
<br />l.nndiord reserves the right from lime to time during the'fonn of this Louse to rccnlculaLe Tenant's perectuage Shure, in which ease Tenant's
<br />Pal cenluge Share shall be calculated by dividing the number of square feet o r Reliable Area in the Promises by the number orsquare feet 01, 14'a ablc
<br />Alen in the Project, and expressing such quntleit in die form is Fa pucetnge.
<br />Caleulaliet liletlands find Ali lustments,
<br />T,I Tile variable components ofopaating Expenses( -Variable Expenses') liter nil ill -tiny pm'tiun orally Expense Yee (including
<br />the Ensu Year) during whialt actual occupancy of the project is less than cue hundred percent [100%) of the Rentable Area Mlic Pniicct sliall be
<br />adjusted by Lnndtord; as determined in good Faith by Lundlurd applying sound Accounting and property nunagenicnt principles (And the provisions
<br />801 rr'C6vr ('unn"• Dr-C'igl ufSanta Aa° Lerue, -2- Exhibit L•'
<br />80A-365
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