TENANT MAY EXERCISE ITS TENANT TERMINATION
EVENT AS DESCRIBED IN SECTION 504(B)(3), RESPECTIVELY, THEN THE TIME PERIODS FOR
TENANT'S SATISFYING THE GRANT THRESHOLDS AND CREDIT THRESHOLDS, THE TIME PERIODS
SET FORTH IN SECTION 504(A)(1) THROUGH (5), FOR DETERMINING WHETHER AN AUTHORITY
TERMINATION EVENT HAS OCCURRED, AND THE TIME PERIODS SET FORTH IN
SECTION 504(B)(3) FOR DETERMINING WHETHER THE TENANT TERMINATION EVENT DESCRIBED
IN SECTION 504(B)(3) HAS OCCURRED, RESPECTIVELY, SHALL BE EXTENDED, DAY FOR DAY,
BY THE NUMBER OF DAYS IN THE PERIOD OF SUSPENSION.
SUCH SUSPENSION SHALL NOT
AFFECT TENANT'S OBLIGATIONS TO PAY RENTALS PURSUANT TO ARTICLE VI EXCEPT THAT
BASE RENT AND ADDITIONAL RENT SHALL BE ABATED TO THE EXTENT TENANT CANNOT OCCUPY
CERTAIN PORTIONS OF THE LEASED PREMISES, AND EXCEPT THAT MINIMUM BASE RENT AND
MINIMUM ADDITIONAL RENT SHALL BE ABATED IF TENANT CANNOT OCCUPY A PORTION OF THE
LEASED PREMISES SUCH THAT THE PORTION OF THE LEASED PREMISES WHICH TENANT IS
OCCUPYING IS, AS A RESULT OF THE SUSPENSION, LESS THAN THE AMOUNT OF SPACE ON
WHICH THE MINIMUM BASE RENT AND MINIMUM ADDITIONAL RENT IS CALCULATED. HOWEVER,
IF THE SUSPENSION INVOLVES THE ASSUMPTION BY THE UNITED STATES GOVERNMENT OR ANY
AUTHORIZED AGENCY
69
THEREOF OF THE OPERATION, CONTROL, OR USE OF THE AIRPORT AND FACILITIES, OR ANY
SUBSTANTIAL PART OR PARTS THEREOF, IN A MANNER THAT SUBSTANTIALLY RESTRICTS
TENANT FROM FULL USE OF THE LEASED PREMISES THEN-OCCUPIED BY TENANT FOR A PERIOD
OF AT LEAST NINETY (90) CONSECUTIVE DAYS, TENANT MAY TERMINATE THIS LEASE
PURSUANT TO SECTION 502(A) ABOVE AFTER THAT NINETIETH (90TH) DAY.
ARTICLE XIV.
COMMON AREAS
SECTION 1401.
DEFINITION.
AS USED IN THIS LEASE
AGREEMENT, THE TERM "COMMON AREA" SHALL MEAN THOSE PORTIONS OF THE FACILITIES
DESIGNATED BY THE AUTHORITY, FROM TIME TO TIME, FOR THE COMMON USE OF ALL
TENANTS AND SUBTENANTS, THEIR AGENTS, CONTRACTORS, EMPLOYEES AND INVITEES,
INCLUDING, AMONG OTHER FACILITIES, THE MAIN ENTRANCE LOBBY TO THE FACILITIES,
HALLWAYS, STAIRWAYS, ACCESS DRIVEWAYS, PARKING LOTS, SIDEWALKS, LANDSCAPING,
CURBS, AUTHORITY-DESIGNATED LOADING AREAS AND FREIGHT ELEVATORS, PRIVATE STREETS
AND ALLEYS, OTHER AREAS AND IMPROVEMENTS PROVIDED AND DESIGNATED BY THE
AUTHORITY AS BEING FOR THE COMMON USE OF ALL TENANTS, THEIR AGENTS, CONTRACTORS
EMPLOYEES AND INVITEES, ALL OF WHICH SHALL BE SUBJECT TO THE AUTHORITY'S
MANAGEMENT AND CONTROL.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE
FOREGOING, TENANT ACKNOWLEDGES THAT, AS USED HEREIN, THE "COMMON AREAS" SHALL
NOT INCLUDE ANY AREA NOT DESIGNATED BY THE AUTHORITY FROM TIME TO TIME AS BEING
A COMMON AREA.
SECTION 1402.
TENANT'S USE OF COMMON AREAS.
THE
AUTHORITY HEREBY GRANTS TO TENANT, AND ITS AGENTS, CONTRACTORS, EMPLOYEES AND
INVITEES THE NONEXCLUSIVE RIGHT TO USE THE COMMON AREAS, AS FROM TIME TO TIME
CONSTITUTED, IN COMMON WITH THE AUTHORITY AND ALL OTHER TENANTS, AND ITS AND
THEIR RESPECTIVE AGENTS, CONTRACTORS, EMPLOYEES AND INVITEES.
NO PORTION OF THE
COMMON AREAS SHALL BE USED BY TENANT FOR ANY PURPOSE WHATSOEVER OTHER THAN THOSE
USES PERMITTED BY THE AUTHORITY FROM TIME TO TIME.
SECTION 1403.
MAINTENANCE.
THE AUTHORITY SHALL, AT ITS
SOLE COST AND