Offer Determination
37.01(c)
Landlord's Rate
14.02
Landlord's Restoration Work
19.01(a)(i)
Landlord's Statement
3.01(d)
Landlord's Work
1.05
Legal Requirements
35.05(j)
Lender
5.04(a)
Letter of Credit
4.01
Life Safety Capital Expenditures
3.01(e)(A)(x)
LLC
7.02(A)
Material Alteration
11.01
Mortgage
35.05(a)
Mortgage Non-Disturbance Agreement
5.04(a)
Mortgagee
35.05(a)
Non-Disturbance Agreement
5.04(a)
Non-Renewal Notice
4.01(viii)
notices
29.01
Occupied Premises
16.02(c)
Offer Notice
37.01(b)
Offer Rent Notice
37.01(c)
Offer Space
37.01(a)
Offer Space Inclusion Date
37.01(d)
Offer Space Option
37.01(c)
Offer Space Outside Date
37.01(f)
Operating Expenses
3.01(e)(A)
Operating Payment
3.03(a)
Operating Year
3.01(f)
Outside Delivery Date
2.01(b)(ii)
Partnership Tenant
7.16
Permitted Occupants
7.17
Permitted Use
2.02
person
35.05(g)
Premises
1.02
Real Property
3.01(g)
Records
3.03(e)(i)
Renewal Notice
36.01(a)
Renewal Term
36.01(a)
v
Rent Commencement Date
1.05
Rent Notice
36.01(c)
Rules and Regulations
10.01
Security Deposit
4.01(iv)
Service Provider
15.10
Specified Restoration Work
19.01(b)
Sublease Profit
7.14(c)
Successor Landlord
5.03
Superior Lease
5.01
Superior Lessor
5.01
Superior Mortgage
5.01
Superior Mortgagee
5.01
Target Date
2.01(b)(ii)
Tax Payment
3.02(a)
Tax Year
3.01(i)
Taxes
3.01(h)
Tenant
Introductory Paragraph,
35.05(c)
Tenant Affiliate
7.02(B)
Tenant Successor
7.02(B)
Tenant's Costs
7.14(d)
Tenant's Determination
36.01(c)
Tenant's Notice
36.01(c)
Tenant's Minimum Offer Determination
37.01(c)
Tenant's Notice of Cancellation
39.01(i)
Tenant's Operating Share
3.01(j)
Tenant's Options
35.17
Tenant's Plans
11.02(a)
Tenant's Property
12.02
Tenant's Property Removal Obligation
19.01(b)
Tenant's Rent Notice
37.01(c)
Tenant's Restoration Work
19.01(a)(ii)
Tenant's Statement
3.02(e)(ii)
Tenant's Tax Share
3.01(k)
Tenant's Work
38.01(a)
Termination Notice
2.01(b)(ii)
Work Notice
2.01(b)(ii)
vi
LEASE, dated as of September 30, 2009, between 1114 6TH AVENUE CO. LLC, a
Delaware limited liability company, having an office at c/o Brookfield
Properties Management LLC, Three World Financial Center, 200 Vesey Street, New
York, New York 10281-1021 ("Landlord") and ADVENT SOFTWARE, INC., a Delaware
corporation, having an office at 600 Townsend Street, San Francisco, California
94103 ("Tenant").
Landlord and Tenant do hereby covenant and agree as follows:
ARTICLE 1
TERM AND FIXED RENT
1.01
LANDLORD HEREBY LEASES TO TENANT, AND TENANT
HEREBY HIRES FROM LANDLORD, UPON AND SUBJECT TO THE TERMS, COVENANTS, PROVISIONS
AND CONDITIONS OF THIS LEASE, THE PREMISES DESCRIBED IN SECTION 1.02 IN THE
BUILDING ("BUILDING") KNOWN AS 1114 AVENUE OF THE AMERICAS, IN THE CITY, COUNTY
AND STATE OF NEW YORK.
THE BUILDING IS LOCATED ON A PORTION OF THE LAND
("LAND") DESCRIBED IN EXHIBIT A ANNEXED HERETO AND MADE A PART HEREOF.
1.02
THE PREMISES ("PREMISES") LEASED TO TENANT ARE
THE ENTIRE 33RD FLOOR OF THE BUILDING, SUBSTANTIALLY AS SHOWN HATCHED ON THE
FLOOR PLAN ATTACHED HERETO AS EXHIBIT B AND MADE A PART HEREOF.
LANDLORD AND
TENANT HEREBY COVENANT AND AGREE THAT THE PREMISES SHALL BE DEEMED TO CONTAIN
31,286 RENTABLE SQUARE FEET.
LANDLORD HEREBY GRANTS TO TENANT THE NON-EXCLUSIVE
RIGHT TO USE, IN COMMON WITH OTHERS, THE PUBLIC AREAS OF THE BUILDING TO THE
EXTENT REQUIRED FOR ACCESS TO THE PREMISES OR USE OF THE PREMISES FOR GENERAL,
ADMINISTRATIVE AND EXECUTIVE OFFICES, INCLUDING, WITHOUT LIMITATION, COMMON
HALLWAYS ON THE FLOOR ON WHICH THE PREMISES ARE LOCATED, STAIRWAYS, RESTROOMS ON
THE FLOOR ON