CITY REGISTER OF
THE CITY OF NEW YORK, TOGETHER WITH ALL FURTHER AMENDMENTS, MODIFICATIONS AND
SUPPLEMENTS THERETO.
(XLVIII)
"CONDOMINIUM DOCUMENTS" MEANS THE CONDOMINIUM DECLARATION, THE
CONDOMINIUM BY-LAWS AND ANY OTHER DOCUMENTS EXECUTED OR RECORDED IN CONNECTION
WITH SUBJECTING THE PROPERTY TO THE CONDOMINIUM ACT.
(XLIX)
"CONSTITUTIVE DOCUMENTS" MEANS TENANT'S ORGANIZATIONAL DOCUMENTS,
INCLUDING (A) THE OPERATING AGREEMENT OF TENANT, (B) THE OPERATING AGREEMENT OF
ANY MEMBER OF TENANT, (C) THE ARTICLES OF ORGANIZATION OF TENANT AND (D) ANY
MODIFICATIONS TO THE FOREGOING.
(L)
"CONSUMER PRICE INDEX" MEANS THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS PUBLISHED BY THE BUREAU OF LABOR STATISTICS OF THE UNITED STATES
DEPARTMENT OF LABOR, NEW YORK - NORTHERN NEW JERSEY - LONG ISLAND, NY-NJ-CT
AREA, ALL ITEMS (1982-1984 = 100), OR ANY SUCCESSOR INDEX THERETO, APPROPRIATELY
ADJUSTED.
IF THE CONSUMER PRICE INDEX CEASES TO BE PUBLISHED, AND THERE IS NO
SUCCESSOR THERETO, SUCH OTHER INDEX AS LANDLORD AND TENANT AGREE UPON, EACH
ACTING REASONABLY, AS APPROPRIATELY ADJUSTED, SHALL BE SUBSTITUTED FOR THE
CONSUMER PRICE INDEX.
IF THE CONSUMER PRICE INDEX CEASES TO USE 1982-1984 = 100
AS THE BASIS OF CALCULATION, THE CONSUMER PRICE INDEX SHALL BE ADJUSTED
ACCORDINGLY.
(LI)
"CONTINUATION NOTICE" HAS THE MEANING SET FORTH IN
SECTION 31.6(I)(II) HEREOF.
(LII)
"CONTROL" HAS THE MEANING INDICATED IN THE DEFINITION OF CONTROL
AFFILIATE.
(LIII)
"CONTROL AFFILIATE" MEANS ANY PERSON CONTROLLING, CONTROLLED BY OR
UNDER COMMON CONTROL WITH ANOTHER PERSON, AND FOR THE PURPOSES HEREOF NO PERSON
SHALL BE DEEMED TO CONTROL ANY OTHER PERSON UNLESS MORE THAN FIFTY PERCENT (50%)
OF SUCH CONTROLLED PERSON IS OWNED BENEFICIALLY BY THE CONTROLLING PERSON OR
ENTITY.
(LIV)
"CONVICTION" HAS THE MEANING SET FORTH IN SECTION 13.10(D)(2) HEREOF.
(LV)
"COURT" HAS THE MEANING SET FORTH IN SECTION 16.2(A) HEREOF.
8
(LVI)
"CPLR" HAS THE MEANING SET FORTH IN SECTION 16.2(B)(I) HEREOF.
(LVII)
"CUSTOMARY" OR "CUSTOMARY" WHEN USED IN RESPECT OF FEES, COMMISSIONS OR
OTHER PAYMENTS FOR SERVICES PERFORMED OR MATERIALS FURNISHED, MEANS THE AMOUNT
CUSTOMARILY AND REASONABLY PAID IN ARM'S LENGTH TRANSACTIONS TO AN UNAFFILIATED
THIRD PARTY FOR THE PERFORMANCE OF THE APPLICABLE SERVICE OR THE PROVISION OF
THE APPLICABLE MATERIAL IN MULTI-TENANT OFFICE DEVELOPMENTS SITUATED IN
MANHATTAN.
(LVIII)
"DATE OF TAKING" HAS THE MEANING SET FORTH IN SECTION 12.2 HEREOF.
(LIX)
"DEFAULT" MEANS (A) THE FAILURE OF ANY PARTY HERETO TO PERFORM OR
COMPLETE ANY OBLIGATIONS AS REQUIRED HEREUNDER AND IN ACCORDANCE HEREWITH, AFTER
RECEIPT OF ANY APPLICABLE FIRST DEFAULT NOTICE (BUT WITHOUT REGARD TO ANY CURE
PERIOD IN RESPECT THEREOF), AND (B) ANY OTHER MATTER EXPRESSLY IDENTIFIED AS A
DEFAULT HEREUNDER.
(LX)
"DELIVERY DATE" MEANS
SEPTEMBER 24, 2003.
(LXI)
"DEMISED PREMISES" HAS THE MEANING SET FORTH IN THE RECITALS OF THIS
LEASE.
(LXII)
"DEMISED SPACE" MEANS THE PORTION OF THE PROPERTY IN WHICH A SUBTENANT
HAS AN INTEREST PURSUANT TO A SUBLEASE, INCLUDING, WITHOUT LIMITATION, ANY
PORTION OF THE LOBBY SUBLEASE SPACE.
(LXIII)
"DEPOSITARY" MEANS ANY ENTITY, AGREEING FOR THE BENEFIT OF LANDLORD
AND THE CONDOMINIUM ASSOCIATION, TO PERFORM THE OBLIGATIONS OF DEPOSITARY
HEREUNDER ON SUBSTANTIALLY THE