HEREBY IS RELIEVED AND FREED OF ALL
OBLIGATIONS OF LANDLORD UNDER THIS LEASE ACCRUING AFTER SUCH TRANSFER, AND IT
SHALL BE DEEMED, WITHOUT FURTHER AGREEMENT THAT SUCH TRANSFEREE HAS ASSUMED AND
AGREED TO PERFORM AND OBSERVE
74
ALL OBLIGATIONS OF LANDLORD HEREIN ACCRUING DURING THE PERIOD IT IS THE HOLDER
OF LANDLORD'S INTEREST UNDER THIS LEASE.
(E)
THE TERMS "HEREIN," HEREOF" AND
"HEREUNDER," AND WORDS OF SIMILAR IMPORT, SHALL BE CONSTRUED TO REFER TO THIS
LEASE AS A WHOLE, AND NOT TO ANY PARTICULAR ARTICLE OR SECTION, UNLESS EXPRESSLY
SO STATED.
(F)
THE TERM "AND/OR" WHEN APPLIED TO ONE OR
MORE MATTERS OR THINGS SHALL BE CONSTRUED TO APPLY TO ANY ONE OR MORE OR ALL
THEREOF AS THE CIRCUMSTANCES WARRANT AT THE TIME IN QUESTION.
(G)
THE TERM "PERSON" SHALL MEAN ANY NATURAL
PERSON OR PERSONS, A PARTNERSHIP, A CORPORATION, AND ANY OTHER FORM OF BUSINESS
OR LEGAL ASSOCIATION OR ENTITY.
(H)
THE TERMS "LANDLORD SHALL HAVE NO LIABILITY
TO TENANT" OR "THE SAME SHALL BE WITHOUT LIABILITY TO LANDLORD" OR "WITHOUT
INCURRING ANY LIABILITY TO TENANT THEREFOR", OR WORDS OF SIMILAR IMPORT SHALL
MEAN THAT TENANT IS NOT ENTITLED TO TERMINATE THIS LEASE EXCEPT PURSUANT TO
RIGHTS TO TERMINATE SPECIFICALLY SET FORTH IN THIS LEASE, OR TO CLAIM ACTUAL OR
CONSTRUCTIVE EVICTION, PARTIAL, OR TOTAL, OR TO RECEIVE ANY ABATEMENT OR
DIMINUTION OF RENT EXCEPT WHERE SPECIFICALLY SET FORTH IN THIS LEASE, OR TO BE
COMPENSATED FOR LOSS OR INJURY SUFFERED OR TO ENFORCE ANY OTHER RIGHT OR KIND OF
LIABILITY WHATSOEVER AGAINST LANDLORD UNDER OR WITH RESPECT TO THIS LEASE OR
WITH RESPECT TO TENANT'S USE OR OCCUPANCY OF THE PREMISES.
(I)
THE TERM "INTEREST RATE," WHEN USED IN
THIS LEASE, SHALL MEAN AN INTEREST RATE EQUAL TO TWO PERCENT (2%) ABOVE THE
SO-CALLED ANNUAL "BASE RATE" OF INTEREST ESTABLISHED AND APPROVED BY CITIBANK,
N.A., NEW YORK, NEW YORK (OR ITS SUCCESSOR), FROM TIME TO TIME, AS ITS INTEREST
RATE CHARGED FOR UNSECURED LOANS TO ITS CORPORATE CUSTOMERS, BUT IN NO EVENT
GREATER THAN THE HIGHEST LAWFUL RATE FROM TIME TO TIME IN EFFECT.
(J)
THE TERM "LEGAL REQUIREMENTS" AND WORDS
OF A SIMILAR IMPORT SHALL MEAN LAWS AND ORDINANCES (INCLUDING, WITHOUT
LIMITATION, THE AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED) OF ANY OR
ALL OF THE FEDERAL, STATE, CITY, TOWN, COUNTY, BOROUGH AND VILLAGE GOVERNMENTS
AND RULES, REGULATIONS, ORDERS AND DIRECTIVES OF ANY AND ALL DEPARTMENTS,
SUBDIVISIONS, BUREAUS, AGENCIES OR OFFICES THEREOF, AND OF ANY OTHER
GOVERNMENTAL, PUBLIC OR QUASI-PUBLIC AUTHORITIES HAVING JURISDICTION OVER THE
BUILDING AND/OR THE PREMISES, AND THE DIRECTION OF ANY PUBLIC OFFICER PURSUANT
TO LAW, WHETHER NOW OR HEREAFTER IN FORCE.
35.06
UPON THE EXPIRATION OR OTHER TERMINATION OF THIS LEASE
NEITHER PARTY SHALL HAVE ANY FURTHER OBLIGATION OR LIABILITY TO THE OTHER EXCEPT
AS OTHERWISE EXPRESSLY PROVIDED IN THIS LEASE AND EXCEPT FOR SUCH OBLIGATIONS AS
BY THEIR NATURE OR UNDER THE CIRCUMSTANCES CAN ONLY BE, OR BY THE PROVISIONS OF
THIS LEASE, MAY BE, PERFORMED AFTER SUCH EXPIRATION