CLAUSES (A) THROUGH (D).
1.5
"AGREEMENT" SHALL MEAN THIS SECOND AMENDED AND
RESTATED LEASE AGREEMENT, INCLUDING ALL EXHIBITS ATTACHED HERETO, AS IT AND THEY
MAY BE AMENDED FROM TIME TO TIME AS HEREIN PROVIDED.
1.6
"APPLICABLE LAWS"
SHALL MEAN ALL APPLICABLE
LAWS, STATUTES, REGULATIONS, RULES, ORDINANCES, CODES, LICENSES, PERMITS AND
ORDERS, FROM TIME TO TIME IN EXISTENCE, OF ALL COURTS OF COMPETENT JURISDICTION
AND GOVERNMENT AGENCIES, AND ALL APPLICABLE JUDICIAL AND ADMINISTRATIVE AND
REGULATORY DECREES, JUDGMENTS AND ORDERS, INCLUDING COMMON LAW RULINGS AND
DETERMINATIONS, RELATING TO INJURY TO, OR THE PROTECTION OF, REAL OR PERSONAL
PROPERTY OR HUMAN HEALTH OR THE ENVIRONMENT, INCLUDING, WITHOUT LIMITATION, ALL
VALID AND LAWFUL REQUIREMENTS OF COURTS AND OTHER GOVERNMENT AGENCIES PERTAINING
TO REPORTING, LICENSING, PERMITTING, INVESTIGATION, REMEDIATION AND REMOVAL OF
UNDERGROUND IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, TREATMENT OR STORAGE
TANKS, OR WATER, GAS OR OIL WELLS), OR EMISSIONS, DISCHARGES, RELEASES OR
THREATENED RELEASES OF HAZARDOUS SUBSTANCES, CHEMICAL SUBSTANCES, PESTICIDES,
PETROLEUM OR PETROLEUM PRODUCTS, POLLUTANTS, CONTAMINANTS OR HAZARDOUS OR TOXIC
SUBSTANCES, MATERIALS OR WASTES WHETHER SOLID, LIQUID OR
7
gaseous in nature, into the Environment, or relating to the manufacture,
processing, distribution, use, treatment, storage, disposal, transport or
handling of Hazardous Substances or Regulated Medical Wastes, underground
improvements (including, without limitation, treatment or storage tanks, or
water, gas or oil wells), or pollutants, contaminants or hazardous or toxic
substances, materials or wastes, whether solid, liquid or gaseous in nature.
1.7
"AWARD"
SHALL MEAN ALL COMPENSATION, SUMS OR
OTHER VALUE AWARDED, PAID OR RECEIVED BY VIRTUE OF A TOTAL OR PARTIAL
CONDEMNATION OF ANY PROPERTY (AFTER DEDUCTION OF ALL REASONABLE LEGAL FEES AND
OTHER REASONABLE COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, EXPERT
WITNESS FEES, INCURRED BY LANDLORD, IN CONNECTION WITH OBTAINING ANY SUCH
AWARD).
1.8
"BASE GROSS REVENUES"
SHALL MEAN THE AMOUNT
OF GROSS REVENUES FOR THE LEASED PROPERTY AND THE LTA GMAC LEASED PROPERTY FOR
THE BASE YEAR, PROVIDED, HOWEVER, THAT IN THE EVENT THAT, WITH RESPECT TO ANY
LEASE YEAR, OR PORTION THEREOF, FOR ANY REASON (INCLUDING, WITHOUT LIMITATION, A
CASUALTY OR CONDEMNATION) THERE SHALL BE A REDUCTION IN THE NUMBER OF UNITS
AVAILABLE AT ANY FACILITY LOCATED AT THE LEASED PROPERTY OR IN THE SERVICES
PROVIDED AT SUCH FACILITY FROM THE NUMBER OF SUCH UNITS OR THE SERVICES PROVIDED
DURING THE BASE YEAR, IN DETERMINING ADDITIONAL RENT PAYABLE FOR SUCH LEASE
YEAR, BASE GROSS REVENUES SHALL BE REDUCED AS FOLLOWS:
(A) IN THE EVENT OF THE
TERMINATION OF THIS AGREEMENT WITH RESPECT TO ANY PROPERTY PURSUANT TO
ARTICLE 10, 11 OR 12, ALL GROSS REVENUES FOR SUCH PROPERTY FOR THE PERIOD DURING
THE BASE YEAR EQUIVALENT TO THE PERIOD AFTER THE TERMINATION OF THIS AGREEMENT
WITH RESPECT TO SUCH PROPERTY SHALL BE SUBTRACTED FROM BASE GROSS REVENUES; (B)
IN THE EVENT OF A PARTIAL CLOSING OF ANY FACILITY AFFECTING THE NUMBER OF UNITS,
OR THE SERVICES PROVIDED, AT SUCH FACILITY, GROSS REVENUES ATTRIBUTABLE TO UNITS
OR SERVICES AT SUCH FACILITY SHALL BE RATABLY ALLOCATED AMONG ALL UNITS IN
SERVICE AT SUCH FACILITY DURING