ASSESSMENT SHALL BE SO
CHANGED THAT ANY EXCLUDED TAXES SHALL EITHER BE ADDED TO, OR SUBSTITUTED IN
WHOLE OR IN PART FOR, IMPOSITIONS, THEN ANY SUCH EXCLUDED TAX SHALL, TO THE
EXTENT THAT IT IS SO ADDED OR SUBSTITUTED, BE DEEMED TO BE INCLUDED WITHIN
IMPOSITIONS.
14
(CXI)
"IMPROVEMENTS" MEANS ANY BUILDINGS AND STRUCTURES, AND ANY BUILDING
MACHINERY, EQUIPMENT AND FIXTURES (INCLUDING EQUIPMENT) AFFIXED TO AND FORMING A
PART OF SUCH BUILDINGS AND STRUCTURES (INCLUDING THE DEMISED PREMISES AND THE
COMMON ELEMENTS), WHICH MAY BE ERECTED OR LOCATED WHOLLY OR PARTIALLY ON THE
LAND DURING THE TERM OF THIS LEASE BY OR ON BEHALF OF LANDLORD, TENANT OR ANY
SUBTENANT, BUT EXCLUDING ANY PERSONAL PROPERTY OWNED OR LEASED BY LANDLORD,
TENANT OR ANY SUBTENANT.
(CXII)
"INCOME TAX CODE" MEANS THE UNITED STATES INTERNAL REVENUE CODE OF
1986, AS AMENDED FROM TIME TO TIME.
(CXIII)
"INDEMNIFIED PARTIES" HAS THE MEANING SET FORTH IN
SECTION 17.2(A) HEREOF.
(CXIV)
"INDICTED PARTY" HAS THE MEANING SET FORTH IN SECTION 13.10(A) HEREOF.
(CXV)
"IN EFFECT" WHEN USED WITH RESPECT TO A SUBLEASE MEANS A SUBLEASE, THE
TERM OF WHICH HAS COMMENCED AND UNDER WHICH RENT HAS BECOME PAYABLE (OR IF NOT
YET PAYABLE, WILL BECOME PAYABLE UPON EXPIRATION OF A RENT ABATEMENT PERIOD
PROVIDED FOR IN SUCH SUBLEASE) REGARDLESS OF WHETHER THE SPACE LEASED THEREBY IS
OCCUPIED BY THE SUBTENANT.
(CXVI)
"INITIAL GROUND LEASE" HAS THE MEANING SET FORTH IN THE RECITALS OF
THIS LEASE.
(CXVII)
"INITIAL RESTORATION ESTIMATE" HAS THE MEANING SET FORTH IN
SECTION 11.1(D) HEREOF.
(CXVIII)
"INITIAL TAKING ESTIMATE" HAS THE MEANING SET FORTH IN
SECTION 12.3(C) HEREOF.
(CXIX)
"INSURANCE GUARANTY" HAS THE MEANING SET FORTH IN
SECTION 10.9(A) HEREOF.
(CXX)
"INSURANCE REQUIREMENTS" MEANS ALL OF THE TERMS AND CONDITIONS OF ALL
INSURANCE POLICIES COVERING, RELATED TO OR APPLICABLE TO THE DEMISED PREMISES
AND/OR THE COMMON ELEMENTS, ALL REQUIREMENTS OF THE ISSUERS OF SUCH POLICIES AND
ALL RULES, REGULATIONS, ORDERS AND OTHER REQUIREMENTS OR STANDARDS ISSUED OR
PROMULGATED BY THE NATIONAL OR REGIONAL BOARD OF FIRE UNDERWRITERS, THE NATIONAL
OR REGIONAL FIRE PROTECTIVE ASSOCIATION OR ANY OTHER NATIONAL OR REGIONAL BODY
IN LIEU OF THE FOREGOING EXERCISING SIMILAR FUNCTIONS WHOSE REQUIREMENTS OR
STANDARDS MUST BE COMPLIED WITH IN ORDER TO OBTAIN ANY GOVERNMENTAL APPROVAL OR
INSURANCE POLICY REQUIRED HEREUNDER, AND APPLICABLE TO OR AFFECTING THE DEMISED
PREMISES AND/OR THE COMMON ELEMENTS OR THE USE AND OCCUPANCY THEREOF.
15
(CXXI)
"INTEREST RATE" MEANS A RATE EQUAL TO THE LESSER OF (A) THREE
(3) PERCENTAGE POINTS OVER THE PRIME RATE OR (B) THE MAXIMUM RATE PERMITTED BY
APPLICABLE LAW.
(CXXII)
"INTERIOR CONSTRUCTION WORK" MEANS ANY ALTERATION WHICH (A) RELATES
SOLELY TO INTERIOR SPACES IN (1) THE DEMISED PREMISES AND/OR (2) THE COMMON
ELEMENTS, AND (B) IS NOT GOVERNED BY ANY ELEMENT OF THE DUO (IT BEING UNDERSTOOD
THAT THE DUO MAY GOVERN CERTAIN INTERIOR SPACES) AND DOES NOT AFFECT A
STRUCTURAL COMPONENT (OTHER THAN BY HAVING A NONADVERSE STRUCTURAL EFFECT).
(CXXIII)
"ISSUING BANK" MEANS ANY COMMERCIAL BANK REASONABLY ACCEPTABLE TO
LANDLORD.
(CXXIV)