ADDITION,
REMOVAL, DEMOLITION OR OTHER PHYSICAL CHANGE IN OR ABOUT ANY PORTION OF THE
DEMISED PREMISES OR THE COMMON ELEMENTS (OR APPLICABLE PORTION THEREOF);
PROVIDED, HOWEVER, THAT NO INTERIOR CONSTRUCTION WORK SHALL CONSTITUTE AN
ALTERATION.
(XI)
"ALTERATIONS CERTIFICATION" HAS THE MEANING SET FORTH IN SECTION 9.7
HEREOF.
(XII)
"ALTERATION PLANS AND SPECIFICATIONS" MEANS THE PLANS AND SPECIFICATIONS
FOR ANY ALTERATION THAT HAVE BEEN SUBMITTED TO AND APPROVED BY LANDLORD IN
ACCORDANCE WITH SECTION 9.5 HEREOF WITH SUCH MODIFICATIONS AFTER SUCH APPROVAL
AS SHALL HAVE BEEN CONSENTED TO BY LANDLORD IN ACCORDANCE HEREWITH.
ALL
PROPOSED ALTERATIONS PLANS AND SPECIFICATIONS SUBMITTED TO LANDLORD SHALL
(A) COMPLY WITH THE APPLICABLE REQUIREMENTS OF DUO, AND (B) BE IN SUCH DETAIL,
INCLUDING ELEVATIONS AND SECTIONS, AS LANDLORD MAY REASONABLY REQUEST.
(XIII)
"APPLICABLE JUDGMENTS" MEANS ALL JUDGMENTS, COURT ORDERS AND
INJUNCTIONS APPLICABLE TO OR AFFECTING THE DEMISED PREMISES, THIS LEASE OR THE
COMMON ELEMENTS, NOW OR HEREAFTER EXISTING.
(XIV)
"APPOINTMENT DATE" HAS THE MEANING SET FORTH IN SECTION 16.2(A) HEREOF
OR SECTION 16.3(A) HEREOF, AS APPLICABLE.
(XV)
"APPROVED SCHEMATIC DESIGN PLANS" MEANS THOSE CERTAIN SCHEMATIC DESIGN
PLANS APPROVED IN ACCORDANCE WITH SECTION 6.2(A)(II) OF THE INITIAL GROUND
LEASE.
(XVI)
"ARBITRATION NOTICE" HAS THE MEANING SET FORTH IN
SECTION 16.2(A) HEREOF.
(XVII)
"ARBITRATOR" HAS THE MEANING SET FORTH IN SECTION 16.2(A) HEREOF.
(XVIII)
"ARCHITECT" MEANS THE DESIGN ARCHITECT AND ANY OTHER REGISTERED
ARCHITECT OR ARCHITECTURAL FIRM SELECTED BY TENANT AND/OR ANY SUBTENANT AND, IF
REQUIRED PURSUANT TO THE TERMS OF THIS LEASE, APPROVED BY LANDLORD IN ACCORDANCE
WITH THIS LEASE.
(XIX)
"ARCHITECT'S CERTIFICATION" MEANS A CERTIFICATION, EXECUTED BY AN
ARCHITECT OR AN ENGINEER, MADE TO LANDLORD.
(XX)
"ARGENT" HAS THE MEANING SET FORTH IN SECTION 33.2(A) HEREOF.
5
(XXI)
"ASSIGNMENT" MEANS THE SALE, EXCHANGE, ASSIGNMENT OR OTHER DISPOSITION,
WHETHER BY OPERATION OF LAW OR OTHERWISE, OF ALL OR ANY PORTION OF
TENANT'S
INTEREST IN THIS LEASE OR THE LEASEHOLD ESTATE CREATED HEREBY.
(XXII)
[INTENTIONALLY OMITTED]
(XXIII)
"BID" MEANS A BUSINESS IMPROVEMENT DISTRICT OR ANY SUCCESSOR IN
FUNCTION.
(XXIV)
"BROKERS" HAS THE MEANING SET FORTH IN SECTION 33.2 HEREOF.
(XXV)
"BUDGETED LOBBY SUBLEASE SPACE CONSTRUCTION COSTS" HAS THE MEANING SET
FORTH IN SECTION 34.2(A) HEREOF.
(XXVI)
[INTENTIONALLY OMITTED]
(XXVII)
[INTENTIONALLY OMITTED]
(XXVIII)
"BUSINESS DAY" MEANS ANY DAY WHICH IS NOT A SATURDAY, A SUNDAY OR A
DAY OBSERVED AS A HOLIDAY BY THE CITY OR THE STATE OF NEW YORK OR THE FEDERAL
GOVERNMENT OF THE UNITED STATES OF AMERICA.
(XXIX)
[INTENTIONALLY OMITTED]
(XXX)
"CASUALTY" HAS THE MEANING SET FORTH IN SECTION 11.1(A) HEREOF.
(XXXI)
"CERTIFIED PUBLIC ACCOUNTANT" MEANS (A) ANY OF THE FIRMS SET FORTH ON
EXHIBIT B ATTACHED HERETO, OR (B) ANY OTHER REPUTABLE AND DISINTERESTED
CERTIFIED PUBLIC ACCOUNTING FIRM WITH MORE THAN SEVENTY-FIVE (75) PRINCIPALS.
(XXXII)
"CHARGES" MEANS ALL OF THE AMOUNTS PAYABLE BY TENANT PURSUANT TO THIS
LEASE, INCLUDING, BUT NOT LIMITED TO, PILOT, PERCENTAGE RENT, THEATER SURCHARGE,
ADDITIONAL CHARGES, AND ANY OTHER SUMS, COSTS, EXPENSES, OR DEPOSITS WHICH
TENANT IS OBLIGATED, PURSUANT TO ANY OF THE PROVISIONS OF THIS LEASE, TO PAY