EXHIBIT 1A
<br />refunds of Property Taxes, or components thereoF, or the costs of con tea ling the validity of applicability of any governmental enactments width may
<br />affect Operating Expenses.
<br />(1) Fees for the odministration and mmragemeat of die Project ht An amount equal to throe percent (5%) of the gross
<br />revenues of Ilia project (which shall be grossed by Landlord up to one hundred percent (100%) occupancy on an annual basis), without regard to
<br />whetlier tail ftea so paid are greeter or less Ono such amount.
<br />(1n) Sales, use find excise taxes on goods and services purchased by Landlord for the management, maintenance,
<br />administration oroperat(en of the 9vildlag or the Project,
<br />(n) Fees for local civic organizations and dues for professional tradeassoofAtions.
<br />(a) Payments under any covenants, conditions and restrictions pertaining to the Project or any easement, license or
<br />operating agreement or similar instrument which effects 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 One Effective
<br />Date) h) require abatement mufti, remediation under applicable Environmental Laws.
<br />(q) The costs of repairing, restoring and maintaining the Perking Facilities of ilia Project, including, without limitation, Ole
<br />resurfacing, restrfping and cleaning of such f scliltles.
<br />(r) Any costs, feet, amounts, disbursements and expenses which are generally Included In Operating Expenses under
<br />Intl hdlanal Owner Praatieea.
<br />115 The following costs slid expenses shall be excluded front Operating Expenses;
<br />(a) expenses relating to lensing space In the Project (Including tenant improvements, leasing and brokerage commissions
<br />and advertising expenses);
<br />(b) le gel fees End disbursements Incurred for col lecdan of tenant accounts or negotiation of leases, or relating to disputes
<br />between Landlord and other tenants and occupants of the Buiiding;
<br />(a)" Capital items unless specifically permitted by Section IA of this Exhibit „E' parts (a) through (r), inclusive•,
<br />(d) Ptroperty, Taxes;
<br />(a) amounts received by Landlord on account of proceeds of insurance to the extent die proceeds art reimbursement for
<br />expenses which were previously included In Operating Expenses;
<br />(Q except to the extent specifically provided In azction I ofthis Exhibit "01 paMs (a) dvnagh (r), inclusive, depreciation
<br />or Payments of principal and interest on any mortgages upon the Project;
<br />(9) payments a fground rent purattAnt to any ground lease covering the Project;
<br />(h) subject to SecOcni 2 of' this Exhibit "E" die costs or gas, steam or other fuel; operation of elevators and security
<br />systems; heating, cool Ing, Or conditioning and ventilating; chilled water, hot and cold domestic water, sewer and other utilities or Any other service
<br />work or facility, or level or amount thereof, provided to Any odicr tenant or occupant In the Project whirl' either (a) is not required to be supplied or
<br />furnished by Landlord to Tanmtt under the provisions of flils Lease or (b) is supplied or furnished to Tenant pursuant to the tenets of this Lease with
<br />separate or additional ohargo;
<br />(i) file cost of the Landlord's work; and
<br />�) any cost expressly excluded train Operating Expenses in an express provision contained in this Louse,
<br />Idr "Excess Operating Expenses" menus, with respect to any Expense Year, the positive excess, if any, of Operating Expenses
<br />if lucoble heed to such Expense Year over Opcinting Expenses fil locabie hereunder to the Ease Year,
<br />1.7 "Excess Piro party Taxes" menus, with respect to any Expense Year, the positive excess, If any, of the Property Taxes allocable
<br />hercmader to such Expanse Year over the Property Taxes ullcenble hereunder to the Basa Year.
<br />1.8 "I'Allalit'x Perecntrgc Share" nhcans the percentage set f'm4h in Jhnr 5.3 of the Basle Lease Provisionst provided, however, that
<br />Landlord raservus the right from time to time during the Torn of this Lease to recalculate 'Tenant's Percentage Share, in which case Tenant's
<br />Pecentage Shure shall he calculated by dividing the number orsqunrc feet ar Rentable Area in the Premises by the number of s p are feet of'Itentablc
<br />AND in the Project, and expressing such quotient in the fans era Percentage.
<br />C'rticulnl'mt 6l etimd And Ad loshnenl ,
<br />3,1 'Ilia vnriuble cmnponetlm of OpQria ing Expanses (" Var(n ble Expenses") liter all ill' any portion of Any Expense Yei (including
<br />the Base Year) during which retail occupancy of the PnIjeci is less than one hundred percent 1100%) Orin Rentable Area at' the Projcet shall be
<br />odiaated by Lnndiord. as determined in good Niah by Landlurd applying sound accounting and property mnnagenionl principles (and the provisions
<br />801 r1'Clrle CLerse .Z
<br />Exhibit E
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