SUCH SUCCESSOR LESSOR, SHALL EXECUTE, FROM TIME TO TIME,
INSTRUMENTS IN CONFIRMATION OF THE FORGOING PROVISIONS OF THIS SECTION 24.2
REASONABLY SATISFACTORY TO ANY SUCH SUCCESSOR LESSOR AND LESSEE, ACKNOWLEDGING
SUCH ATTORNMENT. NOTWITHSTANDING ANYTHING IN THIS SECTION 24.2 TO THE CONTRARY,
THE OBLIGATIONS OF LESSEE, AND THE RIGHTS OF ANY MORTGAGEE OR OTHER PERSON,
UNDER THIS SECTION 24.2 SHALL BE SUBJECT TO THE MORTGAGEE'S ASSUMPTION (SUBJECT
TO THE TERMS OF ANY MORTGAGEE NONDISTURBANCE AGREEMENT IN FAVOR OF LESSEE FROM
SUCH MORTGAGEE) OF THE OBLIGATIONS OF LESSOR HEREUNDER.
ARTICLE XXV.
MISCELLANEOUS
SECTION 25.1.
BINDING EFFECT; SUCCESSORS AND ASSIGNS.
THE TERMS AND PROVISIONS
OF THIS LEASE, AND THE RESPECTIVE RIGHTS AND OBLIGATIONS HEREUNDER OF LESSOR AND
LESSEE, SHALL BE BINDING UPON THEIR RESPECTIVE SUCCESSORS, LEGAL REPRESENTATIVES
AND ASSIGNS (INCLUDING, IN THE CASE OF LESSOR, ANY PERSON TO WHOM LESSOR MAY
TRANSFER THE
46
LESSOR'S INTERESTS OR ANY INTEREST THEREIN) AND INURE TO THE BENEFIT OF THEIR
RESPECTIVE PERMITTED SUCCESSORS AND ASSIGNS.
SECTION 25.2.
NOTICES.
UNLESS OTHERWISE SPECIFICALLY PROVIDED HEREIN, ALL
NOTICES, CONSENTS, DIRECTIONS, APPROVALS, INSTRUCTIONS, REQUESTS AND OTHER
COMMUNICATIONS REQUIRED OR PERMITTED BY THE TERMS HEREOF TO BE GIVEN TO ANY
PERSON SHALL BE IN WRITING BY UNITED STATES MAIL, BY NATIONALLY RECOGNIZED
COURIER SERVICE, BY FACSIMILE OR BY HAND AND ANY SUCH NOTICE SHALL BECOME
EFFECTIVE UPON RECEIPT OR, IF EARLIER, FIVE (5) BUSINESS DAYS AFTER BEING
DEPOSITED IN THE MAILS, CERTIFIED OR REGISTERED WITH APPROPRIATE POSTAGE
PREPAID, ONE (1) BUSINESS DAY AFTER DELIVERY TO A NATIONALLY RECOGNIZED COURIER
SERVICE SPECIFYING OVERNIGHT DELIVERY, UPON RECEIPT IF SENT BY FACSIMILE
(PROVIDED A COPY IS DEPOSITED IN THE MAILS, CERTIFIED OR REGISTERED WITH
APPROPRIATE POSTAGE PREPAID THAT SAME DAY) OR DELIVERED BY HAND, AND SHALL BE
DIRECTED AS FOLLOWS:
If to Lessor:
c/o CRIC ASSET MANAGEMENT LLC
One Exeter Plaza, 11th Floor
Boston, Massachusetts
02116
Tel.:
617-303-4400
Fax:
617-303-4440
with a copy to:
Duane Morris LLP
380 Lexington Avenue
New York, New York 10168
Attention: Stewart J. Stern, Esq.
Tel.:
212-692-1070
Fax:
212-692-1020
If to Lessee:
CA, Inc.
One CA Plaza
Islandia, New York 11749
Attention: Lease Administration
Fax: (631) 342-6872
With a copy to:
CA, Inc.
One CA Plaza
Islandia, New York 11749
Attention: Legal - Real Estate Notice
Fax: (631) 342-4866
47
From time to time any party may designate a new address for purposes of notice
hereunder by notice to the other party hereto.
SECTION 25.3.
SEVERABILITY.
ANY PROVISION OF THIS LEASE THAT SHALL BE
UNENFORCEABLE SHALL BE INEFFECTIVE TO THE EXTENT OF SUCH UNENFORCEABILITY
WITHOUT INVALIDATING THE REMAINING PROVISIONS HEREOF, AND EACH PARTY SHALL
REMAIN LIABLE TO PERFORM ITS OBLIGATIONS HEREUNDER EXCEPT TO THE EXTENT OF SUCH
UNENFORCEABILITY.
SECTION 25.4.
AMENDMENT; COMPLETE AGREEMENTS.
THIS LEASE MAY NOT BE TERMINATED
ORALLY, AND THE TERMS HEREOF MAY NOT BE AMENDED, SUPPLEMENTED, WAIVED OR
MODIFIED ORALLY, BUT ONLY BY AN INSTRUMENT IN WRITING SIGNED BY THE PARTY
AGAINST WHICH THE ENFORCEMENT OF THE TERMINATION, AMENDMENT, SUPPLEMENT, WAIVER
OR MODIFICATION SHALL BE SOUGHT. THIS LEASE IS INTENDED BY THE PARTIES AS