Preview | Agreement of Lease |

TABLE OF CONTENTS

		Page

DEFINITIONS		1

ARTICLE 1 DEMISE, PREMISES, TERM, RENT		9

ARTICLE 2 USE AND OCCUPANCY		10

ARTICLE 3 ALTERATIONS		11

ARTICLE 4 REPAIRS-FLOOR LOAD		19

ARTICLE 5 WINDOW CLEANING		22

ARTICLE 6 REQUIREMENTS OF LAW		22

ARTICLE 7 SUBORDINATION		24

ARTICLE 8 RULES AND REGULATIONS		27

ARTICLE 9 INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT		28

ARTICLE 10 DESTRUCTION-FIRE OR OTHER CAUSE		30

ARTICLE 11 EMINENT DOMAIN		33

ARTICLE 12 ASSIGNMENT SUBLETTING MORTGAGE, ETC.		35

ARTICLE 13 ELECTRICITY		51

ARTICLE 14 ACCESS TO PREMISES		53

ARTICLE 15 CERTIFICATE OF OCCUPANCY		55

ARTICLE 16 DEFAULT		55

ARTICLE 17 REMEDIES AND DAMAGES		58

ARTICLE 18 FEES AND EXPENSES		60

TABLE OF CONTENTS
(continued
		Page
ARTICLE 19 NO REPRESENTATIONS BY LANDLORD		61

ARTICLE 20 END OF TERM		61

ARTICLE 21 QUIET ENJOYMENT		62

ARTICLE 22 FAILURE TO GIVE POSSESSION		62

ARTICLE 23 NO WAIVER		63

ARTICLE 24 WAIVER OF TRIAL BY JURY		63

ARTICLE 25 INABILITY TO PERFORM		64

ARTICLE 26 BILLS AND NOTICES		64

ARTICLE 27 ESCALATION		65

ARTICLE 28 SERVICES		76

ARTICLE 29 PARTNERSHIP TENANT		80

ARTICLE 30 VAULT SPACE		80

ARTICLE 31 SECURITY		81

ARTICLE 32 CAPTIONS		83

ARTICLE 33 PARTIES BOUND		83

ARTICLE 34 BROKER		83

ARTICLE 35 INDEMNITY		84

ARTICLE 36 ADJACENT EXCAVATION-SHORING		85

ARTICLE 37 MISCELLANEOUS		85

TABLE OF CONTENTS
(continued)
		Page
ARTICLE 38 RENT CONTROL		88

SCHEDULE A	RULES AND REGULATIONS	A-1

SCHEDULE B	CLEANING SPECIFICATIONS	B-1

EXHIBIT A	PREMISES	A-1

EXHIBIT B	HVAC SPECIFICATIONS	B-1

EXHIBIT C	CERTIFICATE OF OCCUPANCY	C-1

EXHIBIT D	PREMISES DELIVERY NOTICE	D-1

EXHIBIT E	INCLUDED PERSONAL PROPERTY	E1

EXHIBIT F	ACKNOWLEDGEMENT AND AGREEMENT	F-1

iii

AGREEMENT OF LEASE (this Lease), made as of the 12^th day of November, 2001, between Landlord and Tenant.

W I T N E S S E T H:

The parties hereto, for themselves, their legal representatives, successors and assigns, hereby covenant as follows.

DEFINITIONS

Capitalized terms used herein and not defined elsewhere in this Lease shall have the meanings set forth below, each of which definition shall be included within, and an integral and substantive part of, the terms, covenants and provisions of this Lease:

Acknowledgement and Agreement shall have the meaning set forth in Section 12.5 hereof.

AAA shall have the meaning set forth in Section 37.5 hereof.

ADA shall mean the Americans with Disabilities Act of 1990, Public Law 101-336, U.S.C. 12101 et seq. as the same may be hereafter amended from time to time, together with all regulations and guidelines promulgated pursuant thereto or in connection therewith.

Affiliate shall mean, with respect to Landlord, a corporation or other entity which shall (1) control, (2) be under the control of, or (3) be under common control with Landlord. As used herein, the term control shall mean the ownership of fifty percent (50%) or more of the outstanding voting stock of a corporation or other majority equity and control interest if such entity is not a corporation.

Alterations shall mean alterations, installations, improvements, additions or other physical work or changes in or about the Premises.

Alterations Rules and Regulations shall mean the rules and regulations relating to Alterations promulgated by Landlord regarding Alterations and such other and further reasonable rules and regulations regarding Alterations as Landlord or Landlords agents may from time to time adopt in accordance with the provisions of Article 8 hereof. Landlord and Tenant acknowledge that Tenant has been provided with a copy of the Alterations Rules and Regulations as the same exist on the date of this Lease.

Anticipated Delivery Date shall have the meaning set forth in Section 22.2 hereof.

Applicable Rate shall mean the lesser of (x) two (2) percentage points above the then current Base Rate, and (y) the maximum rate permitted by applicable law.

Assessed Valuation shall have the meaning set forth in Section 27.1 hereof.

Assignment Expenses shall have the meaning set forth in Section 12.8(B) hereof.

Assignment Proceeds shall have the meaning set forth in Section 12.8 hereof.

Assignment Statement shall have the meaning set forth in Section 12.8 hereof.

Assignment Termination Date shall have the meaning set forth in Section 12.8(B) hereof.

Bankruptcy Code shall mean 11 U.S.C. Section 101 et seq., or any statute of similar nature and purpose.

Base Operating Expenses shall have the meaning set forth in Section 27.1 hereof.

Base Operating Year shall have the meaning set forth in Section 27.1 hereof.

Base Rate shall mean the rate of interest publicly announced from time to time by Citibank, N.A., or its successor, as its base rate (or such other term as may be used by Citibank, N.A., from time to time, for the rate presently referred to as its base rate).

End of Preview

Home Intelligence Services Subscriptions News About Us