"LAND" MEANS THE PARCEL OF LAND DESCRIBED IN EXHIBIT F-2 ATTACHED
HERETO, TOGETHER WITH ALL RIGHT, TITLE AND INTEREST, IF ANY, OF LANDLORD IN AND
TO ANY EASEMENTS, LICENSES, PRIVILEGES, RIGHTS AND APPURTENANCES RELATED
THERETO.
(CXXV)
"LANDLORD" MEANS 42DP AND ITS SUCCESSORS AND ASSIGNS AS LANDLORD UNDER
THIS LEASE.
(CXXVI)
"LANDLORD'S OBLIGATIONS" HAS THE MEANING SET FORTH IN
SECTION 1.1(A)(CLVIII) HEREOF, THE DEFINITION OF OBLIGATIONS.
(CXXVII)
"LANDLORD'S TSF STATEMENT" HAS THE MEANING SET FORTH IN
SECTION 3.1(A)(I)(B)(3) HEREOF.
(CXXVIII)
"LAST SPECIFIED POSITIVE INTERVAL" HAS THE MEANING SET FORTH IN
SECTION 1.1(A)(VI) HEREOF, THE DEFINITION OF ADJUSTED FOR INFLATION.
(CXXIX)
"LAWS AND REGULATIONS" MEANS ALL FEDERAL, STATE, COUNTY, MUNICIPAL AND
OTHER GOVERNMENTAL STATUTES, LAWS, RULES, ORDERS, PERMITS, LICENSES, REGULATIONS
AND ORDINANCES APPLICABLE TO OR AFFECTING THIS LEASE, THE PROPERTY, THE DEMISED
PREMISES AND/OR THE COMMON ELEMENTS OR THE USE OR OCCUPANCY THEREOF, OR THE
OWNER THEREOF AS OWNER OF THE DEMISED PREMISES AND/OR THE COMMON ELEMENTS,
WHETHER NOW OR HEREAFTER ENACTED OR IN FORCE, ORDINARY OR EXTRAORDINARY,
FORESEEN OR UNFORESEEN.
(CXXX)
"LEASE" HAS THE MEANING SET FORTH IN THE PREAMBLE TO THIS LEASE.
(CXXXI)
"LEASE ASSIGNMENT DATE" MEANS AUGUST 15, 2006.
(CXXXII)
"LEASE YEAR" MEANS (A) IN THE EVENT THAT THE COMMENCEMENT DATE DOES
NOT OCCUR ON JANUARY 1, THE PERIOD FROM THE COMMENCEMENT DATE THROUGH THE SECOND
DECEMBER 31 THEREAFTER (SUCH PERIOD, THE "FIRST LEASE YEAR"), AND (B) EACH
TWELVE (12) CALENDAR MONTH PERIOD COMMENCING ON THE FIRST JANUARY 1 FOLLOWING
THE FIRST LEASE YEAR AND ON EACH ANNIVERSARY THEREOF, AND IN THE CASE OF THE
16
CALENDAR YEAR IN WHICH THE TERM OF THIS LEASE SHALL EXPIRE, SO MUCH OF SUCH
CALENDAR YEAR AS SHALL FALL WITHIN THE TERM OF THIS LEASE.
(CXXXIII)
"LEGAL REQUIREMENTS" MEANS ALL LAWS AND REGULATIONS AND ALL
APPLICABLE JUDGMENTS.
(CXXXIV)
"LENDING INSTITUTION" MEANS (A) A SAVINGS BANK, SAVINGS AND LOAN
ASSOCIATION, COMMERCIAL BANK OR TRUST COMPANY (WHETHER ACTING INDIVIDUALLY OR IN
A FIDUCIARY CAPACITY) OR A CONTROL AFFILIATE OF THE FOREGOING, (B) AN INSURANCE
COMPANY, (C) A REAL ESTATE INVESTMENT TRUST, A TRUSTEE OR ISSUER OF
COLLATERALIZED MORTGAGE OBLIGATIONS, A LOAN CONDUIT, OR OTHER SIMILAR INVESTMENT
ENTITY WHICH IS LISTED ON THE NEW YORK, AMERICAN STOCK EXCHANGE OR OTHER
REGIONAL EXCHANGE (OR THEIR RESPECTIVE SUCCESSORS), (D) A FEDERAL, STATE,
MUNICIPAL OR SECULAR EMPLOYEE'S WELFARE, BENEFIT, PENSION OR RETIREMENT FUND, A
RELIGIOUS, EDUCATIONAL OR ELEEMOSYNARY INSTITUTION, ANY GOVERNMENTAL AGENCY OR
ENTITY INSURED BY A GOVERNMENTAL AGENCY, A CREDIT UNION, TRUST OR ENDOWMENT,
(E) ANY COMBINATION OF THE FOREGOING ENTITIES, (F) ANY OTHER PERSON APPROVED BY
LANDLORD, SUCH APPROVAL NOT TO BE UNREASONABLY WITHHELD THAT (1) SHALL HAVE A
BUSINESS OFFICE IN MANHATTAN AND BE SUBJECT TO THE JURISDICTION OF THE COURTS OF
THE STATE OF NEW YORK, (2) SHALL BE SUBJECT TO THE SUPERVISION OF THE
COMPTROLLER OF THE CURRENCY OF THE UNITED STATES, THE FEDERAL SECURITIES AND
EXCHANGE COMMISSION, THE INSURANCE DEPARTMENT OR THE BANKING DEPARTMENT OR THE
COMPTROLLER OF THE STATE OF NEW YORK, THE BOARD OF REGENTS OF THE UNIVERSITY OF