Fill and Sign the Office Lease Executed 020607 by and between Allegany Form

19.03[4][b]b Building Operating Cost Addendum (BOCA)BUILDING OPERATING COST ADDENDUM (BOCA) 1. "Building Operating Costs" is defined as those expenses which are escalated to Tenant. Notwithstanding anything to the contrary, the following items shall be excluded from the calculation of Building Operating Costs: (a) any expenses, which under generally accepted accounting principles, consistently applied, and sound management practices would not be considered a normal maintenance or operating expense; (b) all costs associated with the operation of the business of the entity which constitutes "Landlord" (as distinguished from the costs of Building operations) including, but not limited to, Landlord's or Landlord's Managing Agent's general corporate overhead and general administrative expenses or such costs that normally would be included in a management fee (e.g., placement/recruiting fees for employees, risk management costs, corporate accounting, employee training programs, health/sports club dues, employee parking and transportation charges, tickets to special events, bank charges, etc.); (c) costs incurred by Landlord in connection with the correction of defects in design and construction of the Building or Project; (d) costs of a capital nature, including, but not limited to, capital improvements, capital repairs, capital equipment, and capital tools, all as determined in accordance with generally accepted accounting principles, consistently applied, and sound management practices, except costs of 1) any capital improvement made to the Building which improvement actually reduces Building Operating Costs, limited to the amount of actual savings realized or 2) which is required by government regulation enacted following Tenant's occupancy, the amount of all such costs to be amortized on a straight-line basis over the asset's useful life or 3) any cost incurred that is considered recurring, routine maintenance (e.g., painting of the common area and replacement of common area carpet, the aggregate cost of which does not exceed $20,000 in any Lease Year for any particular project), the amount of all such costs to be amortized on a straight-line basis over the useful life of the asset. In no event shall the costs of replacing or retrofitting the HVAC system to comply with any of Sections 604-606 and/or 608 of the Clean Air Act be included in Building Operating Costs; (e) any costs of any services sold or provided to tenants or other occupants for which Landlord or Managing Agent is entitled to be reimbursed by such tenants or other occupants as an additional charge or rental over and above the basic rent (and escalations thereof); (f) expenses in connection with services or other benefits which are provided to another tenant or occupant and do not benefit Tenant; (g) overhead or profits paid to subsidiaries or affiliates of Landlord, or to any party as a result of a non-competitive selection process, for management or other services to the Building, or for supplies or other materials, to the extent that the costs of such services, supplies, or materials exceed the costs that would have been paid had the services, supplies or materials been provided by parties unaffiliated with the Landlord on a competitive basis and are consistent with those incurred by similar buildings in the same metropolitan area in which the Building is located;(h) wages, salaries and other compensation paid to any executive employee of Landlord and/or Landlord's Managing Agent above the grade of Building Manager; (i) any cost or expense related to removal, cleaning, abatement or remediation of "hazardous material" in or about the Building/Common Area or real property, including without limitation, hazardous substances in the ground water or soil; (j) advertising and promotional costs including tenant relation programs and events; (k) all costs incurred in owning, operating, maintaining and repairing any underground or above-ground parking garage and/or any other parking facilities associated with the Building and Common Areas, including but not limited to, any expenses for parking equipment, tickets, supplies, signs, claims insurance, cleaning, resurfacing, restriping, business taxes, management fees and costs, structural maintenance, utilities, insurance of any form, real estate taxes, and the wages, salaries, employee benefits and taxes for personnel working in connection with any such parking facilities if the parking garage/facility revenues exceed parking garage/facility expenses. If garage revenues do not exceed garage expenses, then such costs may be included in Building Operating Costs to the extent total garage expenses exceed total garage revenues; provided, however, if any tenants receive free or abated parking, the full value of such free or abated parking shall be deemed revenue of the garage for purposes hereunder. (l) Landlord's gross receipts taxes, personal and corporate income taxes, inheritance and estate taxes, other business taxes and assessments, franchise, gift and transfer taxes, and all other real estate taxes relating to a period or payable outside the term of the Lease; (m) any increase of real estate taxes and assessments due to any change in ownership including, but not limited to, the sale or any other form of transfer of title of the Building and/or Common Area or any part thereof, or due to the transfer of title of any leases in the Building, or due to any renovation or new construction in the Building or Common Area or related facilities; (n) any fines, costs, penalties or interest resulting from the negligence, misconduct or omission of the Landlord or its agents, contractors, or employees; (o) any rental payments and related costs pursuant to any ground lease of land underlying all or any portion of the Building and Common Areas or any costs related to any reciprocal agreement; (p) any costs, fees, dues, contributions or similar expenses for political, charitable, industry association or similar organizations; (q) any rental and any associated costs, either actual or not, for the Landlord's and/or Landlord's Managing Agent's management and/or leasing office; (r) acquisition costs for sculptures, paintings, or other objects of art or the display of such items; (s) costs incurred in connection with the original design and construction of the Building or Project or any major changes to same, including but not limited to, additions or deletions of floors, renovations of the common areas (except as expressly permitted under Paragraph 1 (d) above), replacement of major components that have reached their useful life irrespective of whether the replacement may result in reducing the Building Operating Costs, and the repair of damage to the Building or Project in connection with any type of casualty, event of damage or destruction or condemnation; (t) costs incurred in connection with upgrading the Building to comply with disability or life insurance requirements, or life safety codes, ordinances, statutes, or other laws in effect prior to the Commencement Date, including without limitation the Americans With Disabilities Act, including penalties or damages incurred as a result of non-compliance; (u) costs for reserves of any kind; (v) costs incurred in connection with modifying, upgrading, replacing, repairing or maintaining the Building's telecommunication system.