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refunds of Properly Taxes, Or coutponon is thereof, Or the costs of contesting the volldity of applieablllty, of any governmental onac4neuts which may
<br />affect Operating Expenses.
<br />(1) Fees for the administration end management of the Project in on amount equal to tinvo percent (7%) of the gross
<br />revenues of the Project (which shall be grossed by Landlord up to one hundred percent (100%) occupancy on all almost basis), without regard to
<br />whether actual fees so paid are greater or less Ilion such amount.
<br />(111) Sulas, use and excise taxes rat goods end services purchased by Landlord for the management, maintenance,
<br />admfalstra(ien orope'ethel of the Building or the Pt'ujcat.
<br />In) Fees for local civic organizntions and Mies for professional trade associations,
<br />(a) Payments tinder any covenants, conditions and restrictions pencilling to the Project or ally casement, license or
<br />operating agreement or similar instrument which affects the Project,
<br />(p) Costs and expenses of investigating, testing, documenting, monitarhig, responding to, abating and rnmadlating
<br />Hazardous Materials, other than abatement and remedladmi costs with respect to fiaxm'dous Materials actually known by Landlord an the Effective
<br />Date) In require statement andlor remedlgtion under applicable Enviroman ntal Laws,
<br />(q) The exists of repairing, restoring and maintaining die Parking Facilities or the Project, Including, without dmitation, the
<br />resurtlicing, teslriping and cleaning of such rholEties,
<br />(r) Any costs, fees, amounts, disbusenents and expenses which are generally included in Operating Expenses under
<br />Institutional Owner Practices,
<br />1,5 Tile lb(lowing costs and expenses shall be excluded Flom Operating Expenses;
<br />(a) expenses relating to leasing space In the Project (including tenant Improvements, lensing and brokerage commissions
<br />and advertisingexpenses);
<br />(b) legal fees and disbursements Incurred for collection of tata it accounts or negotiation of leases, or relating to disputes
<br />between Landlord and other tenants sold occupants of the Building;
<br />(c) Capital Items unless specifically permitted by Section L d of this Exhibit "E'; parts (a) through (r), ]$,elusive;
<br />(d) Property Taxes;
<br />(a) amounts mcelved by Landlord on account of proceeds of insurance to the extent die proceeds are reimbursement till,
<br />expenses which wore previously included In Operating Expenses;
<br />(f) except to rho extent specifically provided in Section 14 oflhjs Exhibit"El , parts (a) through (r), inclusive, depreciation
<br />or payments of principal and interest on any mortgages upon the Projuct;
<br />(g) payments of ground rout pursuant to any ground lease covering tine project;
<br />(h) subjectto &Gdoll 2,1 of ibis Ex ' ' "E", the costs of gas, steam or other, fuel; operation of elevators and security
<br />systems; henting, cooling, eir conditioning and ventilating; chilled water, hot slid cold docuestie water, sewer and Other utilldes or any other service
<br />work m• facility, or level or eminent thereof; provided to any other teasel or occupant in the Project which either (a) is not required to be supplied or
<br />hsnished by Landlord to'I'eunat under the provisions of this Laase or (b) is supplied or furnished to Tenaul pursuant to the temps of flats Lease with
<br />separate or additional charge;
<br />(i) the cost of the Landlord's Work; and
<br />(i) any cost expressly excluded from operating Expenses in fill express provision contained in this Lease.
<br />116 "Excess 0perutlag Expenses" aeons, with respect to ally Expense Year, the positive excess, 1f any, of operoling Expenses
<br />allocable hereunder to such Expense Year over Operating Expenses allocable herountler to the Base Year.
<br />1.7 "Excess Property Taxtrs" means, with respect to any Expense Year, the positive excess, iPmly, of ilia property Taxes nllocablo
<br />hemander to such Expense Yonr over Me Property Taxes ullocnbla hereunder to the Base Year.
<br />1.8 "reanot's Percentage ShalV' means rite percanurge set forth in Ilan 5 2 of tile Ilnslc Lease Provisions: provided, however, that
<br />Landlord reserves the right d•ans [inns to tine during the Term of this Lcose to recalculate Tenant's Perecortgc Share, in which case Tenant's
<br />Percentage Share shall he caloil htell by dividing tine nundaer of square feet of Rentable Area in ran Premises by tbenumbe' orequnre Not ol'Rena blo
<br />A va In the Project, and expiossing such quotient In the Fenn of a percentage.
<br />2. C„ Jjgnlntlnn h e I�de and Adiusmaenla.
<br />2.1 The variah[a co nponaua a operot Ing Expenses ('tin rhdrte Expenses") I'or at or any pottiun a any Expunsc your (including
<br />the Base War) during which actual Occupancy of the: Project is less Ihau one Ile ad d percent (I00%) at' ilia Rentable Area of the Project shall be
<br />ndjustcd by Landlord; as detennined In good Win by Landlord applying sound accounting and property mmlingenneut principles (aid Ilse provisions
<br />80 WCAde Cunrer Ur—L7iv af'Snnar rhrn Lane •2. 6xbibit E
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