Administrative record file reference for 7 WTC project, undated

NYC 9/11 Public Portal Document

II. Items Excluded from Operating Expenses

(1) The cost of correcting defects in the construction of the Building or in the Building equipment, except that conditions (not occasioned by construction defects) resulting from ordinary wear and tear shall not be deemed defects for the purpose of this category;

(2) Cost of any repair made by Landlord to remedy damage caused by or resulting from the negligence of Landlord, its agents, servants or employees;

(3) Labor costs in respect to executives of Landlord not assigned to the Building as part of the normal Building operation staff;

(4) Taxes, Pilot and Real Estate Taxes as defined below;

(5) Legal, accounting or other professional fees (including without limitation, brokerage, and finder's and advertising fees incurred to attract, lease to, or procure new tenants) other than legal (but not litigation fees) and auditing fees reasonably incurred in connection with the maintenance and operation of the Real Property or in connection with the preparation of statements required pursuant to this Article or similar lease escalation provisions in other leases for space in the Building.

(6) Any public liability insurance premium;

(7) Interest for late payments of water and sewer rents;

(8) The cost of any items for which Landlord is reimbursed by insurance or which are reimbursable by insurance;

(9) The cost of extraordinary services provided for other tenants within the premises respectively demised to such tenants;

(10) The costs attributable to the correction or remedying of any act or omission of any tenant in the Building where such tenant is liable for the correction or remedying of any such act or omission under its lease with Landlord;

(11) Any cost (of electricity or any other item) for which Landlord is reimbursed by any tenant of the Building;

(12) The cost of repair or rebuilding caused by fire or other casualty or

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NYC-WTC 000166936