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refunds of Property Taxes, or components thereof, or the costs of contesting the validity of applicability of any governmental enachnenis which may
<br />affect Operating Expenses.
<br />(1) Fees for the administration and management or the Project in an amount equal to three percent 0%) of the gross
<br />revenues of the ]'reject (which shall be grossed by Landlord up to one hundred percent (100%) occupancy on an annual basis), without regard to
<br />whether acluol fees so paid are greater or less than such amount.
<br />(111) Sales, use and excise taxes on goods and services purchased by Landlord for the management, maintenance,
<br />administration or operation of the Building or the Project.
<br />(n) Fees for local civic organizations and dues for professional trade associations
<br />(a) Payments under any covennnts, conditions and restrictions pertaining to the Project or any easement, license or
<br />Operating agreement or simi tar instrument which affects 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 the Effective
<br />Dole) to require abatement and/or remediation under applicable Environmental Laws.
<br />(q) The costs of repairing, restoring and maintaining the Parking Facilities of the Project, Including, without limitation, the
<br />resurfacing, restriping and cleaning ofsuch facilities.
<br />(r) Any costs, fees, amounts, disbursements and expenses which are generally included in Operating Expenses under
<br />Institutional Owner Practices,
<br />15 The following costs and expenses shall be excluded from Operating Expenses:
<br />(a) expenses relating to leasing space in the Project (including tenant improvements, leasing and brokerage commissions
<br />and advertising expenses);
<br />(b) legal fees and disbursements incurred for collection ortenant accounts or negotiation of leases, or relating 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 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 the proceeds are reimbursement for
<br />expenses which were previously included in Operating Expenses;
<br />(I) except to the extent specifically provided in Section 1.4 arlhis Exhibit "E", parts (a) uhrou gh (r), inclusive, depreciation
<br />or payments of principal and interest on any mortgages upon the Project;
<br />(g) payments of gfennd rent pursuant to any ground lease covering the Project;
<br />(11) subject to Section 2.1 of this Exhibit "E" the costs of gas, steam or other fuel; operation of elevators and security
<br />systems; heisting, cooling, air conditioning and ventilating; chilled water, hot and cold domestic water, sewer and other utilities or any other service
<br />wort: 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 />finished by Ltuhdlord to 'tenant under the provisions of this Lease or (b) is supplied or furnished to TcmuA pursuant to the temis of this Lease with
<br />separate or additional charge;
<br />(i) the cost of the Landlord's Work; and
<br />(j) any cost expressly excluded from Operating Expenses in an express provision contained in this Lease.
<br />1.6 "Excess Operating Expenses" means, with respect to any Expense Year, the positive excess, if any, of Operating Expenses
<br />allocable hereunder to such Expense Your over Operating Expenses allocable hereunder to the Base Year.
<br />1.7 "Excess Properly Taxes" means, with respect to any Expense Year, the positive excess, if any, of the Property Taxes allocable
<br />bereunder to such Expense Year over the Property Taxes allocable hereunder to the Base Year.
<br />1.8 "Tenant's Percentage Share" means the percentage set froth in Ilem 52 of the Basic Lease Provisions: provided, however, that
<br />Landlord reserves the right tram time to time during the Term of this Lease to recalculate 'tenant's Percentage Share, in which case Tenant's
<br />Ile[cenluge Share shall he calculated by dividing the number of square feet of Rentable Area in the Premises by the number orsqua'e feet of Rentable
<br />Area in the Project, and expressing such quotient in the form of a percentage.
<br />2. Cnlculalion Methods and Adjustments.
<br />2.1 The variable components of Operating Expenses (,,Variable Expenses") liter till or any, portion of any Expense Year (including
<br />the Easc Year) during which actual occupancy of the Project is less then one hundred percent (100"%) of the Rentable Area or duo Project shall be
<br />tidjusted by Landlord. as determined In good filth by landlord appl4log .1'ollnd recounting and property management principles (and the provisions
<br />3010 Chile Crider or—Q), nfSauta. I ma Lease Exhibit C
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