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BK - 00027 PG:0066 <br />(m) tax penalties incurred as a result of Landlord's negligence, inability or unwillingness to <br />make payments and/or file any income tax or informational returns when due; <br />(n) costs for which Landlord is reimbursed pursuant to any warranty or rebate; <br />(o) costs arising from the negligence or fault of: other tenants; Landlord or Landlord's <br />agents; or, any vendors, contractors or providers of materials or services selected, hired or <br />engaged by Landlord or Landlord's agents (including, without limitation, the selection of <br />building materials); <br />(p) Landlord's charitable or political contributions; <br />(q) costs of repairing or correcting defects, latent or otherwise, in the initial design or <br />construction of the Office Building including items warranted by Landlord or costs of correcting <br />defects, latent or otherwise, warranted by contractors or other vendors; <br />(r) costs to acquire any sculpture, painting or other object of art; <br />(s) costs arising from claims, disputes or potential disputes in connection with potential or <br />actual claims, litigation or arbitration pertaining to either Landlord, or the Office Building or the <br />land on which it is situated (including, without limitation, attorneys' fees, settlements, judgments <br />or payments in lieu thereof); <br />(t) costs associated with the operation of the business of the ownership or entity which <br />constitutes Landlord or of which Landlord is a subsidiary, parent or partner, as distinguished <br />from the costs of Office Building operations, including but not limited to partnership accounting <br />and legal matters; costs of defending any lawsuits with any mortgagee, except as the actions of <br />Tenant may be in issue; costs of selling, syndicating, financing, mortgaging or hypothecating any <br />of Landlord's interest in the Office Building; costs of any disputes with employees not engaged <br />in Office Building operations; disputes of Landlord with Office Building management; or outside <br />fees paid in connection with disputes with other tenants; <br />(u) Any reserves, other than reserves for capital expenditures approved by Tenant; <br />(v) costs and expenses of electrical consumption of other tenants in the Office Building <br />(excepting Common Areas); <br />(w) sums paid to any affiliate of Landlord for any goods or services to the extent that such <br />sums exceed the reasonable and customary charge for such goods or services from third parties <br />unaffiliated with Landlord; <br />(x) wages and costs of personnel supervising the manager of the Office Building; or, <br />(y) wages and costs of personnel that furnish services to the Office Building and other <br />properties owned by Landlord or its affiliates, unless such wages and costs are equitably <br />apportioned between the Office Building and such other properties. <br />8 of 8 <br />