LAND AND BUILDING, UPON NOTIFICATION TO TENANT
OF SUCH TRANSFER OR LEASE THE SAID TRANSFEROR LANDLORD SHALL BE AND HEREBY IS
ENTIRELY FREED AND RELIEVED OF ALL FUTURE COVENANTS, OBLIGATIONS AND LIABILITIES
OF LANDLORD HEREUNDER, AND IT SHALL BE DEEMED AND CONSTRUED AS A COVENANT
RUNNING WITH THE LAND WITHOUT FURTHER AGREEMENT BETWEEN THE PARTIES OR THEIR
SUCCESSORS IN INTEREST, OR BETWEEN THE PARTIES AND THE TRANSFEREE OF TITLE TO
THE LAND AND BUILDING OR SAID LEASE, OR THE SAID LESSEE OF THE BUILDING OR OF
THE LAND AND BUILDING, THAT THE TRANSFEREE OR THE LESSEE, AS APPLICABLE, HAS
ASSUMED AND AGREED TO CARRY OUT ANY AND ALL SUCH FUTURE COVENANTS, OBLIGATIONS
AND LIABILITIES OF LANDLORD HEREUNDER.
22.02
"BUSINESS DAYS" OR "BUSINESS DAYS" SHALL EXCLUDE
SATURDAYS, SUNDAYS AND ALL DAYS OBSERVED AS FEDERAL, STATE AND MUNICIPAL
HOLIDAYS AND ALL OTHER DAYS RECOGNIZED AS HOLIDAYS UNDER ANY UNION CONTRACT
AFFECTING THE PROPERTY.
22.03
"INTEREST RATE" MEANS A RATE PER ANNUM EQUAL TO THE
LESSER OF (A) TWO PERCENT (2%) ABOVE THE PRIME COMMERCIAL LENDING RATE OF
CITIBANK N.A., AS PUBLISHED FROM TIME TO TIME IN THE NEW YORK TIMES OR (B) THE
MAXIMUM RATE OF INTEREST, IF ANY, WHICH TENANT MAY LEGALLY CONTRACT TO PAY.
22.04
"LEGAL REQUIREMENTS" MEANS LAWS, STATUTES AND
ORDINANCES, INCLUDING, WITHOUT LIMITATION, THE AMERICANS WITH DISABILITIES ACT
OF 1990 (AS AMENDED), ENVIRONMENTAL LAWS AND REGULATIONS, BUILDING CODES AND
ZONING REGULATIONS AND ORDINANCES AND THE ORDERS, RULES, REGULATIONS, DIRECTIVES
AND REQUIREMENTS OF ALL FEDERAL, STATE, COUNTY, CITY AND BOROUGH DEPARTMENTS,
BUREAUS, BOARDS INCLUDING BOARDS OF FIRE UNDERWRITERS, NEW JERSEY FIRE INSURANCE
RATING ORGANIZATIONS AND ALL SIMILAR ORGANIZATIONS, AGENCIES, OFFICES,
COMMISSIONS AND OTHER SUBDIVISIONS THEREOF, OR OF ANY OFFICIAL THEREOF, OR OF
ANY OTHER GOVERNMENTAL, PUBLIC OR QUASI-PUBLIC AUTHORITY (EACH, A "GOVERNMENTAL
AUTHORITY"), WHETHER NOW OR HEREAFTER IN FORCE, WHICH MAY BE APPLICABLE TO THE
PROPERTY OR THE DEMISED PREMISES OR ANY PART THEREOF, OR THE SIDEWALKS, CURBS OR
AREAS ADJACENT THERETO AND ALL REQUIREMENTS, OBLIGATIONS AND CONDITIONS OF ALL
INSTRUMENTS OF RECORD ON THE DATE OF THIS LEASE.
22.05
"COMMON AREAS" MEANS THOSE PORTIONS OF THE COMPLEX
LAND AND/OR THE PROPERTY INTENDED AT THE APPLICABLE POINT IN TIME AT WHICH THE
COMMON AREAS ARE TO BE DELINEATED TO BE FOR THE COMMON USE BY THE TENANTS AND/OR
OWNERS OF THE COMPLEX, OR ANY PORTION THEREOF, AND THEIR RESPECTIVE CUSTOMERS,
EMPLOYEES, LESSEES, LICENSEES AND INVITEES, WHICH COMMON AREAS SHALL INCLUDE,
WITHOUT LIMITATION, ANY SO-CALLED "LIMITED COMMON AREAS" I.E., AREAS ADJACENT TO
ONE OR MORE OF THE BUILDINGS AT THE COMPLEX, THE USE OF WHICH COMMON AREAS MAY
BE RESTRICTED IN WHOLE OR IN PART TO THE TENANT(S) OF SUCH BUILDING OR
BUILDINGS.
COMMON AREAS SHALL INCLUDE,
60
WITHOUT LIMITATION, THOSE PORTIONS OF THE HARBORSIDE FINANCIAL CENTER DESIGNATED
FROM TIME TO TIME BY LANDLORD AS (I) PLAZA AREAS, (II) PEDESTRIAN WALKWAYS,
(III) PARKING PREMISES INCLUDING, WITHOUT LIMITATION, ANY PARKING GARAGES, AND
(IV) THOSE ROADS, EXITS, ENTRANCES, DRIVEWAYS, RAMPS, STREETS, CURB CUTS,
PEDESTRIAN WALKWAYS AND SIDEWALKS WHICH ARE INTENDED FOR