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. Common Areas of the Center; patching, sealing and striping and other minor repairs to the parking and other. paved areas of the Common Areas (but not repaving or resurfacing to the 'extent they are deemed a capital repair); removal of snow, ice, and debris from the Common Areas of the Center; security and security patrol pertaining to the Common Areas and/or the Parking Facility (if required to be paid for, or reimbursed, by Landlord); insurance cost for the coverage required under Section 7.1 (b) hereof and any excess coverage which is customarily and reasonably maintained by Landlord with respect to the Center, but only to the extent that Tenant is named as an additional insured (with respect to liability policies) or to the extent that the proceeds thereof are required to be applied to the rebuilding or repair of the Center (with respect to property/casualty policies); utility costs (including but not limited to water, sewer, gas and electricity) for Common Area; if (and only if) Landlord provides trash and/or refuse collection service for the entire Center (including the Premises), the cost of such trash and/or refuse service or if Landlord does not provide refuse collection service for the Premises, then forTenant's pro- rata share of the Common Area refuse collection to the extent it can be separately calculated and -. is a material amount; ordinary maintenance and repair of machinery and equipment to the extent·.. exclusively serving the Common Areas; ordinary maintenance and repair of machinery and equipment comprising the Required Vertical Transportation; to the extent not otherwise included, the costs and expenses incurred by Landlord to perform its maintenance and repair obligations pertaining to the Common Area pursuant to Article 9 and the Parking Facility and other facilities wl~ich Landlord is obligated to maintain or to cause the City to maintain pursuant to Section 9.l(g); customary and reasonable out-of-pocket costs and expenses incurred by Landlord for seasonal decorations and for advertising and promoting the Center as a whole (and not for any particular tenants); and a management fee of not more than four percent (4%) of all other Common Area Expenses (exclusive of Common Area Special Expenses), to cover Landlord's overhead and administrative expenses. Common Area Expenses shall be calculated in accordance with generally accepted accounting principles. All Common Area Expenses shall be based on the actual reasonable and competitive out-of-pocket costs (excluding administrative and overhead costs of Landlord or Landlord's managing agent) paid by Landlord. Landlord shall reduce all Common Area Expenses by any discount or rebate received by Landlord with respect to any Common Area Expense item, and by any contribution with respect to any Common Area Expense item made by a tenant of the Center in excess of its respective pro rata share of such item, and by any other amounts collected by or credited to Landlord that serve to reduce or offset such costs. Receipts and revenues generated by the Parking Facility (if any) shall be applied first to the actual out-of-pocket operating expenses of the Parking Facility and second, if the receipts and revenues of the Parking Facility exceed the actual out-of-pocket operating expenses thereof in any year, such excess shall be applied to reduce Common Area Expenses. Section 5.3 Exclusions from Common Area Expenses. Common Area Expenses shall not include any of the following: any component of Real Estate Taxes, personal property taxes, any taxes or betterment or special assessments; any capital expenditures or capital improvements (defined as expenses required to be capitalized under generally accepted accounting principles, consistently applied) made by Landlord to any part of the Center; the costs of Landlord's Work and repairs thereto and replacements thereof covered by warranties or necessitated by faulty design, materials or construction; piped-in music (except to the extent within the outdoor Common Areas); management fees, administrative and overhead costs " 24 CHG02:3091375.v8 . --... ",.,