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<br />11:51
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<br />AMSC?T FINANCIAL CORPORATE ~ 8313929191217
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<br />, NO,I2I1217
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<br />[;11214
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<br />landscaping, drainage and lighting facilities; the costs and expenditures for legal and accounting
<br />services, and for other professional and consulting services; the costs and expenditures for
<br />Utilities; the costs and expenditures of planting, replanting, and replacing flowers and shrubbery;
<br />lhe costs and expenditures, including counsel and appraisal fees, incurred in connection with any
<br />appeals of any Taxes; management fees paid by Landlord in an amount that is typically charged
<br />by management agents in connection with similarly situated shopping centers in the Tampa,
<br />Florida metropolitan area; and costs associated with any restrictive covenant or Recorded
<br />Agreements. Common Area Maintenance Expenses shall not include the cost of constructing
<br />any Common Areas, interest on any borrowed flmds, costs reimbursed or to be reimbursed by
<br />insora11Ce, or costs covered by warranties.
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<br />Notwithstanding the above, Common Area Maintenance Expenses shall not include: (a)
<br />Costs ofTepairs, restoration, replacements or other work occasioned by fire, windstorm or other
<br />casualty to the extent covered by insurance; (b) Costs, disbursements and other expenses
<br />incurred solely in connection with other tenants, other occupants, or prospective tenants or
<br />OCCl\pants ofthe Center, or costs, disbursement or other disbursements incurred in connection
<br />with purchases, mortgagees, ground lessors or lenders of the Center, including without limitation
<br />payment of any indebtedness or disputes in connection with the foregoing; (c) Costs of the
<br />initial construction of the Center and the tenant improvements; (d) Direct costs incurred in.
<br />connection with sales, financing, refinancing, mortgaging, selling or change of ownership of the
<br />Center, including brokerage commissions, attorneys' and accountants' fees, closing costs, title
<br />insurance premiums, transfer taxes, and interest charges; (e) Costs, fines, interest, penalties,
<br />legal fees or costs of litigation incurred due to the late payments of taxes, utility bills and other
<br />costs incurred by Landlord's failure to make such payments when due provided such costs are
<br />not caused by Tenant, its agents, pennittees or licensees acts or omission; (f) Costs of a capital
<br />nature not amortized over its useful life in accordance with generally accepted accountil'l.g
<br />principles; and (g) administrative fees to Landlord.
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<br />"Cost ofInsurance on the Center" shall be the sum of all premiums payable under all
<br />policies of insurance carried by Landlord in connection with the Center or which cover anyone
<br />or more ofthe bllildings or other jmprovements in the Center, including but not limited to
<br />terrorism insurance and insurance against acts of war to the extent such policies are held by
<br />Landlord and which are typically obtained by landlords in similarly situated shopping centers in
<br />the Tampa, Florida metropolitan area, and the costs incurred by landlord to repair any damage
<br />by fire or other casualty to the Center, to the extent that such cost was not covered by Landlord's
<br />insurance policies by reason of deductible amounts set forth therein, In the event that Landlord
<br />shall, at any time during' the Tem, insure the Center or any part thereof or any buildings or
<br />improvements therein under a "package policy" or a policy of "blanket coverage" insuring other
<br />property not in the Center in addition thereto, the amount of the premiums payable under such
<br />policy which are attributable to the Center an.d the buildings and improvements therein shall be
<br />determined by Landlord on an equitable basis and such amount shall be included in the Cost of
<br />Insurance on the Center for the purposes hereof,
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<br />"Cen.ter" shall mean the entire parcel ofland which is outlined in blue on Exhibit "A"
<br />hereto,
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