(C) THE SALE OF TRAVELERS' CHECKS AND/OR FOREIGN EXCHANGE, (D) A
RETAIL STOCK BROKERAGE OFFICE (AS OPPOSED TO AN EXECUTIVE OFFICE FOR A RETAIL
STOCK BROKERAGE COMPANY), (E) A RESTAURANT AND/OR BAR AND/OR THE SALE OF
CONFECTIONERY AND/OR SODA AND/OR BEVERAGES AND/OR SANDWICHES AND/OR ICE CREAM
AND/OR BAKED GOODS (EXCEPT IF EXPRESSLY PROVIDED OTHERWISE ELSEWHERE IN THIS
LEASE), (F) THE BUSINESS OF PHOTOGRAPHIC REPRODUCTIONS AND/OR OFFSET PRINTING
(EXCEPT THAT TENANT AND ITS PERMITTED ASSIGNEES, SUBTENANTS AND OCCUPANTS MAY
USE PART OF THE PREMISES FOR PHOTOGRAPHIC REPRODUCTIONS AND/OR OFFSET PRINTING
IN CONNECTION WITH, EITHER DIRECTLY OR INDIRECTLY, ITS OWN BUSINESS AND/OR
ACTIVITIES), (G) AN EMPLOYMENT OR TRAVEL AGENCY, (H) A SCHOOL OR CLASSROOM,
(I) MEDICAL OR PSYCHIATRIC OFFICES, (J) CONDUCT OF AN AUCTION, (K) GAMBLING
ACTIVITIES OR (L) THE CONDUCT OF OBSCENE, PORNOGRAPHIC OR SIMILAR DISREPUTABLE
ACTIVITIES.
FURTHER, THE PREMISES MAY NOT BE USED BY (I) AN AGENCY, DEPARTMENT
OR BUREAU OF THE UNITED STATES GOVERNMENT, ANY STATE OR MUNICIPALITY WITHIN THE
UNITED STATES OR ANY FOREIGN GOVERNMENT, OR ANY POLITICAL SUBDIVISION OF ANY OF
THEM; (II) ANY CHARITABLE, RELIGIOUS, UNION OR OTHER NOT-FOR-PROFIT
ORGANIZATION; OR (III) ANY TAX EXEMPT ENTITY WITHIN THE MEANING OF
SECTION 168(J)(4)(A) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, OR ANY
SUCCESSOR OR SUBSTITUTE STATUTE, OR RULE OR REGULATION APPLICABLE THERETO (AS
SAME MAY BE AMENDED), EXCEPT THAT THE TENANT NAMED IN THIS LEASE MAY PERMIT A
TAX EXEMPT ENTITY THAT SUCH TENANT CONTROLS TO USE A PORTION OF THE PREMISES SO
LONG AS SUCH TENANT IS IN OCCUPANCY OF A MAJORITY OF THE BALANCE OF THE
PREMISES.
6
ARTICLE 3
ESCALATIONS
3.01
THE TERMS DEFINED BELOW SHALL FOR THE PURPOSES OF
THIS LEASE HAVE THE MEANINGS HEREIN SPECIFIED:
(A)
"BASE OPERATING AMOUNT" SHALL MEAN THE
OPERATING EXPENSES FOR THE BASE OPERATING YEAR.
(B)
"BASE OPERATING YEAR" SHALL MEAN THE
CALENDAR YEAR COMMENCING ON JANUARY 1, 2010.
(C)
"BASE TAX AMOUNT" SHALL MEAN THE TAXES, AS
FINALLY DETERMINED, FOR THE TAX YEAR COMMENCING ON JULY 1, 2010.
(D)
"LANDLORD'S STATEMENT" SHALL MEAN AN
INSTRUMENT OR INSTRUMENTS SETTING FORTH THE OPERATING PAYMENT (HEREINAFTER
DEFINED) PAYABLE BY TENANT FOR A SPECIFIED OPERATING YEAR PURSUANT TO THIS
ARTICLE 3.
(E)
(A)
"OPERATING
EXPENSES" SHALL MEAN ALL EXPENSES PAID OR INCURRED BY LANDLORD AND LANDLORD'S
AFFILIATES AND/OR ON THEIR BEHALF IN RESPECT OF THE REPAIR, MAINTENANCE,
OPERATION, SECURITY AND/OR REPLACEMENTS (AS PERMITTED UNDER CLAUSE (XI) HEREOF)
OF THE REAL PROPERTY (HEREINAFTER DEFINED), INCLUDING, WITHOUT LIMITATION,
(I) SALARIES, WAGES, MEDICAL, SURGICAL, INSURANCE (INCLUDING, WITHOUT
LIMITATION, GROUP LIFE AND DISABILITY INSURANCE) OF EMPLOYEES OF LANDLORD OR
LANDLORD'S AFFILIATES, UNION AND GENERAL WELFARE BENEFITS, PENSION BENEFITS,
SEVERANCE AND SICK DAY PAYMENTS, AND OTHER FRINGE BENEFITS OF EMPLOYEES OF
LANDLORD AND LANDLORD'S AFFILIATES AND THEIR RESPECTIVE CONTRACTORS ENGAGED IN
SUCH REPAIR, MAINTENANCE, OPERATION AND/OR SECURITY; (II) PAYROLL TAXES,
WORKER'S COMPENSATION, UNIFORMS AND RELATED EXPENSES (WHETHER DIRECT OR
INDIRECT) FOR SUCH EMPLOYEES; (III) THE COST OF FUEL, GAS, STEAM, ELECTRICITY,
HEAT, VENTILATION, AIR CONDITIONING, CHILLED AND CONDENSER WATER, WATER, SEWER
AND OTHER