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refunds of Property Taxes, or components thereof, or the costs of contesting the validity of applicability of any governments enactments which may
<br />affect Operating Expenses.
<br />(1) Pees for the administration and management of the Project in or amount ecptal to three percent (3%) or the gross
<br />revenues of the Project (which shall be grossed by Landlord up to one hundred percent (100%) occupancy on an annual basis), without regard to
<br />Whether actual fees so paid me greeter or less than such amount.
<br />(m) 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 />(o) Payments under any covenants, conditions and restrictions pertaining to tate Project or any easement, license or
<br />operating agreement ar similar instrument which affects the Project,
<br />(p) Costs and expenses of investigating, testing, documenting, monitoring, responding to, abating and remediating
<br />Hazardous Materials, outer than abatement and remediation costs with respect to Hazardous Materials actually known by Landlord (on the Effective
<br />Date) to require abatement and/or remediation tinder applicable Environmental Laws.
<br />(q) The costs of repairing, restoring and maintaining the Parking Facilities of the Project, Including, without limitation, the
<br />resurfacing, reslriping and cleaning of such facilities.
<br />(r) Any costs, fees, amounts, disbursements and expenses which are generally included in Operating Expenses under
<br />Institutional Owner Practices,
<br />1.5 The following costs and expenses shall be excluded from Operating Expenses:
<br />(a) expenses relating to leasing space in the Project (including tennot improvements, leasing and brokerage commissions
<br />and advertising expenses);
<br />(b) legal fees and disbursements incurred for collection of tenant 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' pmts (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 />(0 except to the extent specifically provided in Section IA oflhis Exhibit "E" parts (a) through (r), inclusive, depreciation
<br />or payments of principal and interest on any mortgages upon the Project;
<br />(g) payments of ground rent pursuant to any ground lease covering the Project;
<br />(h) subject to Section 2.1 of this Exhibit "T the costs of gas, steam or other fuel; operation of elevators and security
<br />systems; heating, 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 />furnished by landlord to 'tenant under the provisions ol'this Lease or (b) is Supplied or furnished to Tenant pursuant to the teens of this Lease with
<br />separate or additional charge;
<br />0) the cost of the Landfill d's Work; and
<br />(j) any cost expressly excluded from Operating Expenses iv 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 />Mineable hereunder to such Expense Year over Operating Expenses allocable hereunder to the Base Year.
<br />1.7 "Excess Property Taxes" means, with respect to any Expense Year, the positive excess, i1' any. of the Property Taxes allocable
<br />hereunder to such Expense Year over the Property Taxes allocable hereunder to the Brise Year.
<br />I'S "Tenant's Percentage Share" means the percentage set forth in Item 5.2 of the Basic Lease Provisions_ provided, however, that
<br />Landlord reserves the right limn time to time during the Term of [his Lease to recalculate 'tenant's Percentage Share, in which case Tenant's
<br />Percentage Share shall be calculated by dividing the nwnber ofsquare feet of Rentable Arca in [he Premises by the number oFsquare feet of Rentable
<br />Alva in the Project, and expressing such quotient in the form of a percentage.
<br />Calculation Methods and Adjustments.
<br />2.1 "the vm•iablc components of Operating Expenses ("YarioNe Expenses') Iln all or any portion orally Expense Year (including
<br />the Base Year) during which actual occupancy of the Project is less then one hundred percent (100'%) ol'the Remail le Area of the Project shell be
<br />adjusted by Landlord, as determined in good faith by Landlord applying sound accounting and property management principles (and the provisions
<br />801 II'Clric Center Ur— C'i!r n/'S'nnrrr Amu Lerere Exhibit L
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