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<br />limitation, ad valorem taxes, real estate taxes, any other tax on rent or real
<br />estate, water, sewer or other utility and all other governmental exactions from
<br />time to time directly or indirectly assessed or imposed upon the Shopping Center
<br />and/or the portion of the land upon which it is situated.
<br />(ii) "Insurance" shall mean and include such fire and extended coverage
<br />insurance, comprehensive general liability coverage, umbrella liability coverage,
<br />commercial automobile liability coverage on the Shopping Center improvements
<br />constructed by Landlord in an amount equal to at least eighty percent (80%) of
<br />the insurable value of such improvements, together with endorsements insuring
<br />against such other risks (including, but not limited to, earthquake, boiler and
<br />machinery, plate glass, power failure, windstorm, terrorism, seepage or leakage).
<br />County shall have no rights in said policy or policies maintained by Landlord and
<br />shall not be entitled to be a named insured thereunder. ]n the event any of
<br />Landlord's policies insures Demised Premises or risks other than the Shopping
<br />Center or the rents therefrom, the statement of the insurer shall be conclusive as
<br />to the portion of the total premium attributable to the Shopping Center. Landlord
<br />shall provide County a certificate of Landlord's Insurance.
<br />(iii) ~ "Operating Expenses" shall mean all expenses paid or incurred by
<br />Landlord or on Landlord's behalf in respect of the management, repair, operation
<br />and maintenance of the Shopping Center. Operating Expenses shall include
<br />but not be limited to the following: (1) salaries, wages and benefits of
<br />employee of Landlord engaged in the management, repair, operation and
<br />maintenance of the Shopping Center, (2) payroll taxes, workmen's
<br />compensation, uniforms and related expenses for such employees; (3) the cost
<br />of all charges for oil, gas, steam, electricity, any alternate source of energy, heat,
<br />ventilation, air-conditioning, water, sewers and other utilities furnished to the
<br />Building or Shopping Center (including the Common Areas and leased areas
<br />thereof), together with any taxes on such utilities; (4) the cost of painting
<br />non-County space; (5) the cost of all charges for rent, casualty, liability and
<br />fidelity insurance with regard to the. Shopping Center and the .maintenance or
<br />operation thereof; (6) the cost of all supplies (including cleaning supplies), tools,
<br />materials and equipment, the rental thereof and sales and other taxes thereon;
<br />(7) depreciation of hand tools and other removable equipment used in the repair,
<br />operation or maintenance of the Shopping Center; (8) the cost of all charges for
<br />window and other cleaning and janitorial, snow and ice removal, and security
<br />services; (9) charges of independent contractors; (10) repairs and replacements
<br />made by Landlord at its expense; (11) exterior and interior landscaping; (12)
<br />alterations and improvements to the Building made by reason of the laws and
<br />requirements of any public authorities or the requirements of insurance bodies;
<br />(13} management fees or, if no managing agent is employed by Landlord, a sum
<br />in lieu thereof which is not in excess of the then prevailing rates for management
<br />fees of other first class buildings in the area in which the Building is located; (14)
<br />the cost of any capital improvements or.additions to the Building which improve
<br />the comfort or amenities available to tenants of the Building and are agreed to by
<br />the County in advance of any such improvements or additions being made; (15)
<br />the cost of any capita! improvements or additions to the Building and of any
<br />machinery or equipment installed in the Building which are. made or become
<br />operational, as the case may be, during the Term and which have the effect of
<br />reducing the expenses which otherwise would be included in Operating
<br />Expenses to the extent of the lesser of (A) such cost, as reasonably amortized
<br />by Landlord with interest on the unamortized amount at the prime rate then
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<br />County of Orange, in North Carolina -Hillsborough Commons 07/02/08 _~ - -
<br />LORD CO
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