ORANGE, COUNTY OF SOCIAL SERVICES AGENCY (2)

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refunds or Property Taxes, or components thereof, or the costs of Contesting the validity of applicablllty of any governmental enactments which may affect Operating Expenses. (1) Fees for the administration and management of the Project in an amount equal to three percent (7%A) of the gross revenues of the Project (which shall be grossed by Landlord up to one hundred percent (100%) occupancy on an annual basis), without regard to whether actual fees so paid are greater or less than such amount. (m) Sales, use and excise taxes on goods and services purchased by Landlord for the management, maintenance, adm inistradun or operation of lie Building or the Project. (n) Fees for local civic organizations and dues for professlonal trade associations (0) Payments under any covenants, conditions and restrictions pertaining to the Project or any easement, license or operating agreement or similar instrument which affects the Project. (p) Costs and expenses of Investigating, testing, documenting, monitoring, responding to, abating and remediating Hazardous Materials, other than abatement and remediation costs with respect to Hazardous Materials actually known by Landlord (on the Effective Date) to require abatement and/or remediation under applicable Environmental Laws. (q) The costs of repairing, restoring and maintaining the Parking Facilities of the Project, Including, without limitation, the resurfacing, restriping and cleaning ofsueh facilities. (r) Any costs, fees, amounts, disbursements and expenses which are generally included in Operating Expenses under Institutional Owner Practices. 1.5 The following costs and expenses shall be excluded front Operating Expenses: (a) expenses relating to leasing space in the Project (Including tenant improvements, leasing and brokerage commissions and advertising expenses); (b) legal fees and disbursements incurred For collection ortenant accounts or negotiation of leases, or relating to disputes between Landlord and other tenants and occupants of the Building; (c) Capital Items unless specifically permitted by Section IA of this Exhibit "E". parts (a) through (r), inclusive; (d) Property Taxes; (e) amounts received by Landlord on account of proceeds of insurance to die extent the proceeds are rehnbursoment for expenses which were previously included in Operating Expenses; (D except to the extent specifically provided in Section I orthis Exhibit "E" parts (a) through (r), inclusive, depreciation or payments of principal and interest on any mortgages upon the Project; (g) payments of ground rent pursuant to any ground lease covering the Project; (h) subject to Section 2A of this Exhibit "E" die costs of gas, steam or other fuel; operation of elevators and security systems; heating, cooling, Or conditioning and ventilating; chilled water, hot mid cold domestic water, sewer and other utilities or any other service work 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 furnished by Landlord to Ten r it under the provisions orthis Lease or (b) is supplied or furnished to Tenant pursuant to the terns of this Lease with separate or additional charge; (i) the cost of the Landlord's Work; and 0) any cost expressly excluded from Operating Expenses in an express provision contained in this Lease. 1.6 "Excess Operating Expenses" means, with respect to any Expense Year, the positive excess, if any, of Operating Expenses allocable hereunder to such Expense Your over Operating Expenses allocable hereunder to the Base Year. 1.7 "Excess Property Taxes" means, with respect to any Expense Year, the positive excess, if any, of the Property Taxes allocable hereunder to such Expense Year over die Property Taxes allocable hereunder to the Base Year. 1.8 "'Tenant's Percentage Share" means the percentage set forth in Item 5.2 of the Basic Lease Provisions: provided, however, that Landlord reserves the right from time to time doing the Term of this Lease to recalculate Tenant's Percentage Share, in which cost Tenant's Percentage Share shall be calculated by dividing the number orsqu re feet of Rentabic Area in the Premises by the number orsquare feel or Rentable Area in the Project, and expressing such quotient in the form of a percentage. 2. (:ahc Alniimr Methods and Ad'ustmenls. 2.1 The varinbhe components or Operating Expenses (^Ynriuble Expenses") tirr till or City portion of any Expense Year (including the Iluso Year) during which'nctual occupancy or the Project is less than one hundred percent (100%) of the Rentable Area critic Project shall be Adjusted by Landlord; as determined in good faith by Landlord applying sound accounting rind properly management principles (and the provisions Jill WC10r Center Or —City ofSonta as Letme •2• Exhibit