SUCCEEDING THE EXPIRATION OF SUCH TEN (10) CONSECUTIVE DAY
PERIOD AND ENDING ON THE DATE THAT THE PREMISES (OR SUCH PORTION THEREOF) SHALL
BE RENDERED TENANTABLE (OR SUCH EARLIER DATE, IF ANY, AS TENANT SHALL REOCCUPY
THE SAME FOR THE CONDUCT OF ITS BUSINESS).
(C)
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS LEASE, IN THE EVENT THAT BOTH OF THE BUILDING'S FREIGHT
ELEVATORS SHALL NOT BE OPERABLE FOR A PERIOD OF TWO (2) CONSECUTIVE BUSINESS
DAYS DURING THE PERFORMANCE OF TENANT'S WORK, PROVIDED THAT (I) TENANT SHALL
HAVE CEASED ALL PERFORMANCE OF TENANT'S WORK AS A RESULT THEREOF, (II) TENANT
SHALL HAVE CONCURRENTLY GIVEN NOTICE OF SUCH FACT TO LANDLORD, AND (III) THE
COMPLETION OF TENANT'S WORK SHALL IN FACT HAVE BEEN DELAYED BY SUCH
INTERRUPTION, THEN, IN SUCH EVENT, THE RENT COMMENCEMENT DATE SHALL BE EXTENDED
BY ONE (1) DAY FOR EACH DAY OF SUCH DELAY IN THE PERFORMANCE OF TENANT'S WORK
UNTIL THE EARLIER OF (X) THE DATE FREIGHT ELEVATOR SERVICE SHALL BE RESTORED
(THROUGH EITHER THE REPAIR OF AT LEAST ONE OF THE BUILDING'S FREIGHT ELEVATORS
OR THE CONVERSION OF ONE OF THE BUILDING'S PASSENGER ELEVATORS FOR TEMPORARY USE
AS A FREIGHT ELEVATOR) AND (Y) THE DATE TENANT SHALL RESUME THE PERFORMANCE OF
TENANT'S WORK.
35.05
FOR THE PURPOSES OF THIS LEASE, THE FOLLOWING TERMS
HAVE THE MEANINGS INDICATED:
(A)
THE TERM "MORTGAGE" SHALL INCLUDE A
MORTGAGE AND/OR A DEED OF TRUST, AND THE TERM "HOLDER OF A MORTGAGE" OR
"MORTGAGEE" OR WORDS OF SIMILAR IMPORT SHALL INCLUDE A MORTGAGEE OF A MORTGAGE
OR A BENEFICIARY OF A DEED OF TRUST.
(B)
THE TERM "INSURANCE REQUIREMENTS" AND WORDS
OF SIMILAR IMPORT SHALL MEAN RULES, REGULATIONS, ORDERS AND OTHER REQUIREMENTS
OF THE NEW YORK BOARD OF UNDERWRITERS AND/OR THE NEW YORK FIRE INSURANCE RATING
ORGANIZATION AND/OR ANY OTHER SIMILAR BODY PERFORMING THE SAME OR SIMILAR
FUNCTIONS AND HAVING JURISDICTION OR COGNIZANCE OVER THE BUILDING AND/OR THE
PREMISES, WHETHER NOW OR HEREAFTER IN FORCE.
(C)
THE TERM "TENANT" SHALL MEAN THE TENANT
HEREIN NAMED OR ANY ASSIGNEE OR OTHER SUCCESSOR IN INTEREST (IMMEDIATE OR
REMOTE) OF THE TENANT HEREIN NAMED, WHICH AT THE TIME IN QUESTION IS THE OWNER
OF THE TENANT'S ESTATE AND INTEREST GRANTED BY THIS LEASE; BUT THE FOREGOING
PROVISIONS OF THIS SUBSECTION SHALL NOT BE CONSTRUED TO PERMIT ANY ASSIGNMENT OF
THIS LEASE OR TO RELIEVE THE TENANT HEREIN NAMED OR ANY ASSIGNEE OR OTHER
SUCCESSOR IN INTEREST (WHETHER IMMEDIATE OR REMOTE) OF THE TENANT HEREIN NAMED
FROM THE FULL AND PROMPT PAYMENT, PERFORMANCE AND OBSERVANCE OF THE COVENANTS,
OBLIGATIONS AND CONDITIONS TO BE PAID, PERFORMED AND OBSERVED BY TENANT UNDER
THIS LEASE.
(D)
THE TERM "LANDLORD" SHALL MEAN ONLY THE
OWNER AT THE TIME IN QUESTION OF LANDLORD'S INTEREST IN THE LAND OR A LEASE OF
THE LAND AND THE BUILDING OR A LEASE THEREOF
SO THAT IN THE EVENT OF ANY
TRANSFER OR TRANSFERS OF LANDLORD'S INTEREST IN THE LAND OR A LEASE THEREOF OR
THE BUILDING THE TRANSFEROR SHALL BE AND