“Excluded Costs” shall be defined as # any fixed or percentage ground rent payable to any ground lessor, or any mortgage charges (including interest, principal, points and fees); # brokerage commissions; # salaries of executives and owners not directly employed in the management/operation of the Property; # the cost of work done by Landlord for a particular tenant; # the cost of items which, by generally accepted accounting principles, would be capitalized on the books of Landlord or are otherwise not properly chargeable against income, except to the extent such capital item is # required by any Legal Requirements, # reasonably projected to reduce Operating Costs (“Permitted Capital Expenditures”); # the costs of Landlord’s Work and any contributions made by Landlord to any tenant of the Property in connection with the build-out of its premises; # franchise or income taxes imposed on Landlord; # costs paid directly by individual tenants to suppliers, including tenant electricity, telephone and other utility costs; # increases in premiums for insurance when such increase is caused by the use of the Building by Landlord or any other tenant of the Building; # depreciation of the Building; # costs relating to maintaining Landlord’s existence as a corporation, partnership or other entity; # advertising and other fees and costs incurred in procuring tenants; # the cost of any items for which Landlord is reimbursed by insurance, condemnation awards, refund, rebate or otherwise, and any expenses for repairs or maintenance to the extent covered by warranties, guaranties and service contracts; and # costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants, # Taxes, # any liabilities, costs or expenses associated with or incurred in connection with the removal, enclosure, encapsulation or other handling of Hazardous Materials and the cost of defending against claims in regard to the existence or release of Hazardous Materials at the Property; provided however, that with respect to the costs or expenses associated with or incurred in connection with the removal, enclosure, encapsulation or other handling of # any material or substance located in the Building on the date of this Lease and which, as of the date of this Lease, is not considered, as a matter of law, to be a Hazardous Substance, but which is subsequently determined to be a Hazardous Substance as a matter of law, and # any material or substance located in the Building after the date of this Lease and which, when placed in the Building, was not considered, as a matter of law, to be a Hazardous Substance, but which is subsequently determined to be a Hazardous Substance as a matter of law, the costs thereof may be included in Operating Costs, except to the extent that such cost is treated as a capital expenditure; # the cost of installing any specialty service, such as a cafeteria, conference center, child or daycare; # cost of any work or service performed on an extra cost basis for any tenant in the Building or the Land to a materially greater extent or in a materially more favorable manner than furnished generally to the tenants and other occupants; # any cost representing an amount paid to a person, firm, corporation or other entity related to Landlord that is in excess of the amount which would have been paid in the absence of such relationship (provided however, that this clause shall not apply to the management fee); # lease payments for rental equipment (other than equipment for which depreciation is properly charged as an expense) that would constitute a capital expenditure if the equipment were purchased; # late fees or charges incurred by Landlord due to late payment of expenses, except to the extent attributable to Tenant’s actions or inactions; # charitable or political contributions; # reserve funds; # all other items for which another party compensates or pays so that Landlord shall not recover any item of cost more than once; # Landlord’s general overhead and any other expenses not directly attributable to the operation and management of the Building and the Land (e.g. the activities of Landlord’s officers and executives or professional development expenditures), except to the extent included in the management fee permitted hereby; # costs and expenses incurred in connection with compliance with or contesting or settlement of any claimed violation of law or requirements of law which are in existence as of the Term Commencement Date, except to the extent attributable to Tenant’s actions or inactions; and # costs of mitigation or impact fees or subsidies (however characterized), imposed or incurred prior to the date of the Lease or imposed or incurred solely as a result of another tenant’s or tenants’ use of the Land or their respective premises.

“Excluded Costs” shall be defined as # any fixed or percentage ground rent payable to any ground lessor, or any mortgage charges or other financing charges payable by Landlord (including but not limited to interest, principal, points and fees); # brokerage commissions; # salaries of executives and owners not directly employed in the management/operation of the Property; # the cost of work done by Landlord for a particular tenant or prospective tenant; # the cost of items which, by generally accepted accounting principles, would be capitalized on the books of Landlord or are otherwise not properly chargeable against income, except to the extent such capital item is # required by any Legal Requirements, or # reasonably projected to reduce Operating Costs; # the costs of Landlord’s Work and any contributions made by Landlord to any tenant of the Property in connection with the build-out of its premises; # franchise or income taxes imposed on Landlord; # costs paid directly by individual tenants to suppliers, including tenant electricity, telephone and other utility costs; # increases in premiums for insurance when such increase is caused by the use of the Building by Landlord or any other tenant of the Building; # depreciation of the Building; # costs relating to maintaining Landlord’s existence as a corporation, partnership or other entity; # advertising and other fees and costs incurred in procuring and negotiating leases with tenants; # the cost of any items for which Landlord is reimbursed by insurance, condemnation awards, refund, rebate or otherwise, and any expenses for repairs or maintenance to the extent covered by warranties, guaranties and service contracts; and # costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants or contractors, # Taxes, # costs associated with the operation of the Landlord entity, as distinguished from costs associated with the operation of the Building and Property, # costs associated with the sale or financing of the Building or Property, # the cost of remediating Hazardous Materials from the Building other than Included Hazardous Materials, as hereinafter defined; “Included Hazardous Materials” shall be defined as all Hazardous Materials, other than: # any material or substance located in the Building or the Property on the Execution Date which, as of the Execution Date, is not considered under then existing Legal Requirements, to be Hazardous Material, but which is subsequently determined to be a Hazardous Material by reason of a Legal Requirement which first becomes effective after the Execution Date of this Lease, and # any material or substance that is introduced to the Building or the Property after the Execution Date which, when introduced to the Building or the Property, is not then (i.e., at the time of introduction to the Building or the Property) considered, as a matter of any Legal Requirement, to be a Hazardous Material, but which is subsequently determined to be a Hazardous Material by reason of Legal Requirements which first becomes effective after the date of introduction of such material or substance to the Building or Property, # interest and penalties incurred as a result of Landlord’s late payment of Taxes or utility bills, # fines and penalties incurred by Landlord in connection with any building code violation, to the extent the condition which gave rise to such building code violation existed prior to the Term Commencement Date, # costs incurred by Landlord in connection with a breach by Landlord or by another tenant of such tenant’s lease, # charitable contributions and donations, # costs incurred by Landlord in connection with the enforcement of the obligations or liabilities of other tenants in the Building or Property, # income taxes paid by Landlord, and # all other items for which another party compensates Landlord so that Landlord shall not recover for any item more than once.

“Excluded Costs” shall be defined as # any fixed or percentage ground rent payable to any ground lessor, or any mortgage charges (including interest, principal, points and fees) and any debt service costs (provided however, that the provisions of this clause (i) shall not be deemed to exclude mortgage charges and debt service costs incurred with respect to Permitted Capital Expenditures, as hereinafter defined, from Operating Costs); # brokerage commissions, marketing costs, concessions and leasehold improvement costs incurred in connection with the leasing of any rentable space at the Building or Campus including, without limitation, finders’ fees, attorneys’ fees and expenses, entertainment costs and travel expenses; # salaries and bonuses and benefits of officers, executives of Landlord and administrative employees above the grade of Director of Property Management; # the cost of work done by Landlord for a particular tenant or any special work or service performed for any tenant (including Tenant) billable to such tenant or any costs in connection with services or benefits that are provided to or for the particular benefit of other tenants but not offered to Tenant; # the cost of items which, by generally accepted accounting principles, would be capitalized on the books of Landlord or are otherwise not properly chargeable against income, except to the extent such capital item is # required by any Legal Requirements following the Execution Date of this Lease, or # reasonably projected to reduce Operating Costs (collectively, “Permitted Capital Expenditures”); # the costs of Landlord’s Work and any contributions made by Landlord to any tenant of the Property in connection with the build-out of its premises; # franchise or income taxes imposed on Landlord; # costs paid directly by individual tenants to suppliers, including tenant electricity, telephone and other utility costs; # increases in premiums for insurance when such increase is caused by the use of the Building by Landlord or any other tenant of the Building; # depreciation of the Building or Campus or any part thereof; # costs relating to maintaining Landlord’s existence as a corporation, partnership or other entity; # advertising and other fees and costs incurred in procuring tenants; # the cost of any items for which Landlord is reimbursed by insurance, condemnation awards, refund, rebate or otherwise, and expenses for repairs or maintenance covered by warranties, guaranties and service contracts; # attorneys’ fees incurred in connection with lease negotiations, disputes with individual tenants and/or for the existence, maintenance or non-Building or Campus related operations of the legal entity or entities of which Landlord is comprised or the development of additional space at the Building or Campus; # the cost of any items for which Landlord may be reimbursed by condemnation awards, refund, rebate or otherwise; # costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants, # Taxes; # the cost of any repairs or restoration required because of fire, other casualty or taking, provided, however, that Operating Costs may include costs of repairs which are not covered because the cost of such repairs is within a commercially reasonable deductible carried under Landlord’s casualty insurance policy (Tenant hereby agreeing that, as of the Execution Date, $25,000.00 is a commercially reasonable deductible, # management and administrative fees, other than as provided in Section 5.2(a) above; # the cost of remediating Hazardous Materials from the Building or the Campus other than Included Hazardous Materials, as hereinafter defined; “Included Hazardous Materials” shall be defined as all Hazardous Materials, other than: # any material or substance located in the Building or the Property on the Execution Date which, as of the Execution Date, is not considered under then existing Legal Requirements, to be Hazardous Material, but which is subsequently determined to be a Hazardous Material by reason of a Legal Requirement which first becomes effective after the Execution Date of this Lease, and # any material or substance that is introduced to the Building or the Property after the Execution Date which, when introduced to the Building or the Property, is not then (i.e., at the time of introduction to the Building or the Property) considered, as a matter of any Legal Requirement, to be a Hazardous Material, but which is subsequently determined to be a Hazardous Material by reason of Legal Requirements which first becomes effective after the date of introduction of such material or substance to the Building or Property; # any cost covered by a warranty, guaranty and service contract that Landlord is required to obtain in connection with the Building or the Land; # any amounts paid to a person, firm, corporation or other entity under common ownership and control with Landlord that is in excess of a commercially reasonable amount paid on a market rate basis (other than management fees); # the cost of acquiring sculptures, paintings, and other objects of art; # depreciation of the Building or Campus or any part thereof (provided however, that the provisions of this clause (xxv) shall not be deemed to exclude depreciation incurred with respect to Permitted Capital Expenditures from Operating Costs; # any compensation paid to personnel in retail concessions operated by Landlord and any subsidies or concessions to third parties operating retail concessions at the Building or the Campus, provided that the provisions of this [clause (xxvii)] shall not be deemed to exclude from Operating Costs such compensation, subsidies or concessions incurred by Landlord with respect the Cafeteria and the Fitness Center; # replacement or contingency reserves; # Landlord’s general overhead, provided however, that the provisions of this [clause (xxx)] shall not be deemed to exclude an equitable allocation of Management Office Costs, as set forth in Section 5.2(a) above; and # any costs incurred with respect to the retail portions of the Building, provided that the provisions of this [clause (xxxii)] shall not be deemed to exclude from Operating Costs incurred by Landlord with respect the Cafeteria and the Fitness Center. Notwithstanding anything to the contrary contained herein, the properly passed through cost of any Permitted Capital Expenditures shall be amortized over the useful life of such capital item.

Excluded Costs. “Excluded Costs” shall be defined as # any mortgage charges (including interest, principal, points and fees); # brokerage commissions; # salaries of executives and owners not directly employed in the management/operation of the Property; # the cost of work done by Landlord for a particular tenant; # the cost of items which, by generally accepted accounting principles, would be capitalized on the books of Landlord or are otherwise not properly chargeable against income, except to the extent permitted pursuant to Section A [(i) or (ii) above]; # the costs of Landlord’s Work and any contributions made by Landlord to any tenant of the Property in connection with the build-out of its premises; # franchise or income taxes imposed on Landlord; # costs paid directly by individual tenants to suppliers, including tenant electricity, telephone and other utility costs; # increases in premiums for insurance when such increase is caused by the use of the Building by Landlord or any other tenant of the Building; # maintenance and repair of capital items not a part of the Building or the Property; # depreciation of the Building; # costs relating to maintaining Landlord’s existence as a corporation, partnership or other entity; # advertising and other fees and costs incurred in procuring tenants; # the cost of any items for which Landlord is reimbursed by insurance, condemnation awards, refund, rebate or otherwise, and any expenses for repairs or maintenance to the extent covered by warranties, guaranties and service contracts; # costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants; and # costs incurred in connection with the clean-up, response action or remediation of Hazardous Materials at the Property; # costs incurred for the replacement of (i.e., as opposed to the maintenance and repair of) the Acid Neutralization Tank; # costs in connection with the leasing of space in the Building, including lease concessions, rental abatement and construction allowances granted to specific tenants; # costs incurred with the sale, financing or refinancing of the Building, fines, interest and penalties incurred due to the late payment of taxes or expenses; # costs incurred by Landlord in connection with the correction of defects in design and original construction of the Building or Property; the costs or expenses of any services or benefits provided generally to the other tenants in the Building and not provided or available to Tenant; sums (other than management fees, it being agreed that the management fees included in Building Operating Costs are as described above) paid to subsidiaries or other affiliates of Landlord for services on or to the Property, Building or the First Floor Premises, but only to the extent that the costs of such services exceed the competitive cost for such services rendered by persons or entities of similar skill, competence and experience; any general administrative expenses, which costs would not be chargeable to operating expenses of the Building in accordance with generally accepted accounting principles, consistently applied; or any penalties or damages that Landlord pays to Tenant under this Lease or to other tenants in the Building under their respective leases.

“Excluded Costs” shall mean (i) any mortgage charges (including interest, principal, points and fees); (ii) brokerage commissions; (iii) salaries of executives and owners not directly employed in the management/operation of the Property; (iv) the cost of work done by Landlord for a particular tenant; (v) the cost of items which, by generally accepted accounting principles, would be capitalized on the books of Landlord or are otherwise not properly chargeable against income, except to the extent such capital item is (A) required by any Legal Requirements, (B) reasonably projected to reduce Operating Costs, or (C) reasonably expected to improve the management, security and/or operation of the Building; (vi) the costs of any contributions made by Landlord to any tenant of the Property in connection with the build-out of its premises; (vii) franchise or income taxes imposed on Landlord; (viii) costs paid directly by individual tenants to suppliers, including tenant electricity, telephone and other utility costs; (ix) increases in premiums for insurance when such increase is caused by the use of the Property by Landlord or any other tenant of the Property; (x) maintenance and repair of capital items not a part of, or used in connection with, the Property; (xi) depreciation of the Property; (xii) costs relating to maintaining Landlord’s existence as a corporation, partnership or other entity; (xiii) advertising and other fees and costs incurred in procuring tenants; (xiv) the cost of any items for which Landlord is actually reimbursed by insurance, condemnation awards, refund, rebate or otherwise, and any expenses for repairs or maintenance to the extent covered by warranties, guaranties and service contracts; and (xv) costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants.

Excluded Expenses. Notwithstanding anything contained herein to the contrary, in no event shall Operating Expenses include any of the following costs (“Excluded Expenses”): # marketing costs, brokerage commissions and concessions, and leasehold improvement costs incurred in connection with the leasing of any rentable space at the Property; # debt service; # attorneys’ fees incurred in connection with lease negotiations, disputes with individual tenants, and/or for the existence, maintenance, or non-Property related operations of the legal entity or entities of which Landlord is comprised or the development of additional space at the Property; # the existence, maintenance, or non-Property related operations of the legal entity or entities that Landlord comprises; # the cost of any special work or service performed for any tenant (including Tenant) billable to such tenant or any costs in connection with services or benefits that are provided to or for the particular benefit of other tenants but not offered to Tenant; # the cost of any repairs or restoration required because of fire, other casualty, or taking, provided however, that Operating Expenses may include costs of repairs which are not covered under Landlord’s casualty insurance as a result of a commercially reasonable deductible(s) carried by Landlord; # any expenses for repairs or maintenance to the extent covered by warranties; # any cost that Tenant pays for directly; # the cost of removing or remediating Hazardous Materials from the Property; # any amounts paid to a person, firm, corporation, or other entity under common ownership and control with Landlord that is in excess of a commercially reasonable amount paid on a market rate basis; # depreciation of the Property or any part thereof; # accounting and bookkeeping services to the extent not allocable to the Property; # any compensation paid to personnel in retail concessions operated by Landlord and any subsidies or concessions to third parties operating retail concessions at the Property; # salaries, bonuses, and benefits of officers, executives of Landlord, and administrative employees above the grade of property manager; # all capital improvements or expenditures, including, without limitation, expenditures made to replace items at the ends of their useful lives, except for Permitted Capital Amortization; # items for which Landlord is actually reimbursed by tenants (other than through general operating expense provisions) or other third parties, and # Tenant’s HVAC Reimbursement.