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Fill and Sign the 1 Basic Provisions Basic Provisions Sec Form

Fill and Sign the 1 Basic Provisions Basic Provisions Sec Form

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19.03[4]a Sample Clause Defining Operating Expenses"Operating Expenses" shall be defined as all direct and indirect costs incurred by the Landlord in the operation, maintenance, repair, overhaul, and any owner's overhead in connection with the Project. Such cost shall include by way of illustration, but not limitation: utilities; janitorial services; security; landscaping; any and all assessments Landlord must pay for the Project pursuant to any covenants, conditions or restrictions, reciprocal easement agreements, tenancy-in-common agreements or similar restrictions and agreements affecting the Project; gross receipt tax (whether assessed against the Landlord or assessed against Tenant and paid by Landlord, or both); water and sewer charges; accounting, legal and other consulting fees; repair or replacement of all surfaces, wall coverings, decorative items, carpets, drapes and other window covering; any insurance that Landlord is responsible hereunder or which Landlord or any first mortgagee with a lien affecting the Premises deems necessary in connection with the operation of the Project; utility surcharges, or any other costs levied, assessed or imposed by or at the direction of, or resulting from statutes or regulations or interpretations thereof, promulgated by any federal, state, regional, municipal or local government authority in connection with the use or occupancy of the Project; costs incurred in the management of the Project including supplies, wages and salaries of employees to include benefits, payroll taxes and similar governmental charges; ground rent; management office rental; a management fee and, in the event Landlord is directly participating in the administration of the Project, and administrative fee in the amount of Landlord's actual expenses, such administrative fee not to exceed fifteen percent (15%) of the annual Operating Expenses; heating, ventilation and air conditioning repairs and maintenance; elevator maintenance and upgrades; equipment; tools; supplies; repair and maintenance of the structural portions of the Building including plumbing, HVAC, electrical systems and the roof; rental or leasing charges used in the operation and maintenance of Project; maintenance and repair or replacement of all signs (other than Tenant's signs); audit or verification fees; the cost of any capital improvements made to Project for the purpose of reducing costs or increasing safety or is government mandated; costs of repairs, resurfacing, repairing, maintenance, painting, striping, lighting , and operations of the garage; and appropriate reserves. Operating Expenses shall not include taxes, depreciation on the Building or equipment therein, broker commissions, roof structure and services not uniformly available to all tenants of the Project.

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