COMMON CONTROL WITH") MEANS (A) DIRECT OR INDIRECT
OWNERSHIP OF MORE THAN FIFTY PERCENT (50%) OF THE OUTSTANDING VOTING CAPITAL
STOCK OF A CORPORATION OR MORE THAN FIFTY PERCENT (50%) OF THE BENEFICIAL
INTERESTS OF ANY OTHER ENTITY OR (B) THE POSSESSION, DIRECTLY OR INDIRECTLY, OF
THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
THE BUSINESS DECISIONS OF SUCH
CORPORATION OR OTHER ENTITY.
(CCXII)
"RENTABLE SQUARE FEET" OR "RENTABLE SQUARE FOOT" MEANS RENTABLE SQUARE
FOOTAGE OF THE IMPROVEMENTS, AS DETERMINED IN ACCORDANCE WITH THE STANDARD
METHOD FOR MEASURING FLOOR AREA IN OFFICE BUILDINGS ANSI Z65.1-1996), AS
PROMULGATED BY THE BUILDING OWNERS AND MANAGERS ASSOCIATION (BOMA) INTERNATIONAL
OR ANY SUCCESSOR ENTITY.
(CCXIII)
"REPLACEMENT DESIGN ARCHITECT" HAS THE MEANING SET FORTH IN
SECTION 9.6(A)(I) HEREOF.
(CCXIV)
"REPLACEMENT DESIGN ARCHITECT APPROVAL CRITERIA" HAS THE MEANING SET
FORTH IN SECTION 9.6(A)(I) HEREOF.
(CCXV)
"RESTORATION" HAS THE MEANING SET FORTH IN SECTION 11.1(A) HEREOF.
(CCXVI)
"RESTORATION FUNDS" HAS THE MEANING SET FORTH IN
SECTION 11.2(A) HEREOF.
(CCXVII)
"RESTORE" HAS THE MEANING SET FORTH IN SECTION 11.1(A) HEREOF.
(CCXVIII)
"RETAIL PILOT" MEANS (A) THE RATE SET FORTH UNDER "RETAIL PILOT" IN
SCHEDULE 1 ATTACHED HERETO MULTIPLIED BY (B) THE SUM OF (1) THE NUMBER OF GROSS
SQUARE FEET OF ABOVE-GRADE RETAIL SPACE, (2) THE NUMBER OF GROSS SQUARE FEET OF
BELOW-GRADE REVENUE PRODUCING RETAIL SPACE FOR WHICH A TAXABLE SQUARE FEET
DELIVERY DATE HAS OCCURRED, AND (3) IF (AND FOR SO LONG AS) THE LOBBY SUBLEASE
SPACE IS USED FOR RETAIL PURPOSES, TENANT'S PERCENTAGE ALLOCATION OF THE NUMBER
OF GROSS SQUARE FEET OF THE LOBBY SUBLEASE SPACE (COLLECTIVELY "TAXABLE RETAIL
SQUARE FEET").
24
(CCXIX)
"RETAIL SPACE" MEANS (A) ANY PORTION OF THE DEMISED PREMISES TO BE
USED FOR RETAIL PURPOSES OR ANY PURPOSES ANCILLARY THERETO,
AND (B) WITH
RESPECT TO TENANT'S OBLIGATIONS IN CONNECTION WITH RETAIL PILOT, THE LOBBY
SUBLEASE
SPACE.
(CCXX)
"REVENUE-PRODUCING RETAIL SPACE" MEANS THAT PORTION OF THE RETAIL SPACE
LEASED OR OTHERWISE DEMISED TO A SUBTENANT, WHICH SPACE IS BEING USED FOR THE
SELLING OF GOODS, MERCHANDISE OR SERVICES.
(CCXXI)
[INTENTIONALLY OMITTED]
(CCXXII)
"ROOF TOP GARDEN SPACE" SHALL MEAN UP TO 10,000 SQUARE FEET OF SPACE
ON THE FLOOR DESIGNATED AS THE 53RD FLOOR OF THE BUILDING, AS SHOWN ON, AND IN
CONFORMITY WITH, THE SCHEMATIC DESIGN PLAN DRAWING LISTED ON EXHIBIT I-1
ATTACHED TO THE INITIAL GROUND LEASE AS NUMBERED A1053.
(CCXXIII)
"ROOF TOP MECHANICAL SPACE" MEANS ALL THE MECHANICAL SPACE LOCATED
ON AND ABOVE THE 52ND FLOOR OF THE IMPROVEMENTS (AS SHOWN ON THE SCHEMATIC
DESIGN PLAN DRAWINGS SET FORTH ON EXHIBIT I-1 ATTACHED TO THE INITIAL GROUND
LEASE) (IT BEING UNDERSTOOD THAT THE SPACE ON AND ABOVE SUCH 52ND FLOOR OF THE
IMPROVEMENTS SHALL ONLY BE USED FOR (A) HOUSING MECHANICAL EQUIPMENT, (B) SITING
THE ROOF TOP GARDEN SPACE AND (C) THE DEVELOPMENT OF THE ROOF TOP GARDEN
IMPROVEMENTS (AS DEFINED IN THE INITIAL GROUND LEASE)).
(CCXXIV)
[INTENTIONALLY OMITTED]
(CCXXV)
[INTENTIONALLY OMITTED]
(CCXXVI)
[INTENTIONALLY OMITTED]
(CCXXVII)
"SCHEDULED EXPIRATION DATE" MEANS THE DATE SET FORTH IN SECTION 2.1
HEREOF