Application Materials - Laserfiche WebLink

© Commercial Association of Brokers Oregon/SW Washington (2/05) OFFICE LEASE (OR) ALL RIGHTS RESERVED 4 of 18 3.2.1 Operating Expenses. For purposes of this Lease, the term “Operating Expenses” shall 1 mean all expenses paid or incurred by Landlord (or on Landlord’s behalf) as reasonably determined by Landlord as 2 necessary or appropriate for the operation, maintenance and repair of the Property, Common Areas, Building and 3 Premises, including without limitation: (i) salaries, wages, and benefits of employees of Landlord engaged in the 4 repair, operation and maintenance of the Property, Common Areas, Building and Premises; (ii) payroll taxes, workers’ 5 compensation insurance, uniforms and related expenses for employees; (iii) the cost of all gas, utilities, sewer 6 charges, and other services furnished to the Building (as opposed to those furnished to any individual tenant of the 7 Building); (iv) the cost of maintaining and repairing the Property, Common Areas, Building and Premises; (v) the cost 8 of insurance, including, but not limited to, special form property insurance with rent-loss coverage, liability and fidelity 9 insurance, with regard to the Property, Common Areas, and Building and the maintenance and operation thereof, 10 including any deductible with respect to a loss; (vi) the cost or rental of all supplies and tools; (vii) the cost of capital 11 improvements and remodelings, the cost of which shall be amortized (with interest on the unamortized balance at a 12 commercially reasonable rate as determined by Landlord) over the useful life of the improvements or remodelings 13 and in accordance with generally accepted accounting principles uniformly applied as reasonably estimated by 14 Landlord; (viii) alterations and improvements to the Property, Common Areas and Building made by reason of the 15 laws and requirements of any public authorities or the requirements of insurance bodies, but excluding any such 16 alteration or improvement that is included in Landlord’s obligation to deliver the Premises, Building, Common Areas 17 and Property in compliance with law as set forth in Section 2.3 above; (ix) management fees paid to a third party, or, 18 if no managing agent is employed by Landlord, Landlord shall be entitled to charge a reasonable management fee 19 which is not in excess of percent ( %) of the total of such Operating Expenses (but excluding Taxes as 20 defined in Section 3.2.2 below and insurance charges), and such fee shall be included in the Operating Expenses; 21 (x) reasonable legal, accounting and other professional fees incurred in connection with operation, maintenance and 22 management of the Property, Common Areas, and Building; (xi) the cost of providing elevator service; (xii) the cost of 23 landscape and parking area maintenance and repair; (xiii) the Common Area charges to which the Building is subject; 24 (xiv) janitorial and cleaning supplies and services; and (xv) all other charges properly allocable to the operation, repair 25 and maintenance of the Property, Common Areas, Building and Premises in accordance with generally accepted 26 accounting principles. 27 28 3.2.2 Taxes. The term “Taxes” shall include (i) all real and personal property taxes, charges, 29 rates, duties and assessments (including local improvement district assessments) levied or imposed by any 30 governmental authority with respect to the Property, Common Area and Building and any improvements, fixtures and 31 equipment located therein or thereon, and with respect to all other property of Landlord, real or personal, located in or 32 on the Property, Common Area and Building, and used in connection with the operation of the Building; (ii) any tax in 33 lieu of or in addition to, or substitution of a real property tax; and (iii) any tax or excise levied or assessed by any 34 governmental authority on the Rent payable under this Lease or Rent accruing from the use of the Property, Common 35 Area and Building, provided that this shall not include federal or state, corporate or personal income taxes. If 36 Landlord receives a refund of Taxes, then Landlord shall credit such refund, net of any professional fees and costs 37 incurred by Landlord to obtain the same, against the Taxes for the Operating Year (as defined below) to which the 38 refund is applicable or the current Operating Year, at Landlord’s option. Notwithstanding the foregoing, Tenant shall 39 pay before delinquency all taxes, assessments, licenses, fees and charges assessed, imposed or levied on (a) 40 Tenant’s business operations, (b) all trade fixtures, (c) leasehold improvements, (d) merchandise and (e) other 41 personal property in or about the Premises. 42 43 3.2.3 Operating Year. The term “Operating Year” shall mean each calendar year of the Term. 44 In the event the Lease Commencement Date or the Expiration Date occurs on any date other than the first d ay of the 45 calendar year, the calculations, costs and payments referred to herein shall be prorated for such calendar year. 46 47 3.2.4 Tenant’s Proportionate Share. During the Term, Tenant shall pay, as Additional Rent, 48 Tenant’s Proportionate Share of the increase in Operating Expenses and the increase in Taxes of the Property and 49 Building, if any, over the Base Year. The Base Year for determining Operating Expense increases shall be set forth 50 in Section 1.16. The Base Year for purposes of determining increases in Taxes shall be the first year in which the 51 Building and the Property are fully assessed, without a construction exemption. Tenant’s Proportionate Share of the 52 increase in Operating Expenses of the Building for each Operating Year shall be calculated as follows: the Operating 53 Expenses for each Operating Year less the Operating Expenses for the Base Year shall be multiplied by the Tenant’s 54 Proportionate Share. If in any Operating Year Tenant occupies the Premises for less than the full Operating Year , 55 DocuSign Envelope ID: 58B9EAAB-3323-4198-8EF0-00895196FD5A