Common use of Lease Modification Clause in Contracts

Lease Modification. (a) Effective during the period commencing on the 29th Floor Premises Inclusion Date and ending on the Extended Expiration Date, the Lease shall be modified as follows: (i) The Fixed Rent payable by Tenant pursuant to Section 1.04(a) of the Lease shall be increased by the following amounts during the following periods on account of the inclusion of the 29th Floor Premises: (x) NINE HUNDRED NINE THOUSAND NINE HUNDRED TWENTY-SIX AND 00/100 ($909,926.00) DOLLARS per annum [or $75,827.17 per month], calculated on an annual basis at the rate of $46.00 per rentable square foot, during the period commencing on the 29th Floor Premises Inclusion Date and ending on the day immediately preceding the fifth (5th) anniversary of the 29th Floor Premises Inclusion Date; and (y) ONE MILLION EIGHT THOUSAND EIGHT HUNDRED THIRTY-ONE AND 00/100 ($1,008,831.00) DOLLARS per annum [or $84,069.25 per month], calculated on an annual basis at the rate of $51.00 per rentable square foot, during the period commencing on the fifth (5th) anniversary of the 29th Floor Premises Inclusion Date and ending on the Extended Expiration Date. (ii) With respect to the Additional Charges payable pursuant to Article 3 of the Lease (hereinafter called the “Basic Escalation Payments”) with respect to the Existing Premises, there shall be computed, in addition to the Basic Escalation Payments, escalation payments with respect to increases on account of Taxes and Operating Expenses attributable to the 29th Floor Premises. Additional Charges with respect to Taxes and Operating Expenses with respect to the 29th Floor Premises shall be computed in the same manner as adjustments of rent with respect to Taxes and Operating Expenses for the purpose of the Basic Escalation Payments, except that for the purpose of such computations with respect to the 29th Floor Premises: (x) The “Base Operating Amount”, as such term is defined in Section 3.01(a) of the Lease shall mean the Operating Expenses incurred for the Operating Year commencing on January 1, 2010; (y) The “Base Tax Amount”, as such term is defined in Section 3.01(b) of the Lease, shall mean one-half of the sum of (x) the Taxes for the Tax Year commencing July 1, 2009 and (y) the Taxes for the Tax Year commencing July 1, 2010, both as finally determined; and (z) “Tenant’s Share”, as such term is defined in Section 3.01(i) of the Lease, shall mean 0.87 (0.87%) percent with respect to 29th Floor Premises.

Lease Modification. (a) Effective during the period commencing on the 29th 16th Floor Premises Inclusion Added Space Date and ending on the Extended 16th Floor Added Space Expiration Date, the Lease shall be modified as follows: (ia) The Fixed Rent payable by Tenant pursuant to Section 1.04(a) of the Lease (as modified by Paragraph 3(a) of the First Modification and Paragraph 4(a) of the Second Modification, respectively) shall be increased by the following amounts during the following periods on account sum of the inclusion of the 29th Floor Premises: (x) NINE EIGHT HUNDRED NINE FORTY-THREE THOUSAND NINE TWO HUNDRED TWENTY-SIX EIGHT AND 00/100 ($909,926.00843,228.00) DOLLARS per annum [or $75,827.17 70,269.00 per month], calculated on an annual basis at the rate of $46.00 36 per rentable square foot, during the period commencing on the 29th Floor Premises Inclusion Date and ending on the day immediately preceding the fifth (5th) anniversary account of the 29th Floor Premises Inclusion Date; and (y) ONE MILLION EIGHT THOUSAND EIGHT HUNDRED THIRTY-ONE AND 00/100 ($1,008,831.00) DOLLARS per annum [or $84,069.25 per month], calculated on an annual basis at the rate of $51.00 per rentable square foot, during the period commencing on the fifth (5th) anniversary inclusion of the 29th 16th Floor Premises Inclusion Date and ending on the Extended Expiration DateAdded Space. (iib) With respect to the Additional Charges payable pursuant to Article 3 of the Lease (hereinafter called the “"Basic Escalation Payments”") with respect to the Existing Premises, there shall be computed, in addition to the Basic Escalation Payments, escalation payments with respect to increases on account of Taxes and Operating Expenses attributable to the 29th 16th Floor PremisesAdded Space. Additional Charges with respect to Taxes and Operating Expenses with respect to the 29th 16th Floor Premises Added Space shall be computed in the same manner as adjustments of rent with respect to Taxes and Operating Expenses for the purpose of the Basic Escalation Payments, except that for the purpose of such computations with respect to the 29th 16th Floor PremisesAdded Space: (xi) The “"Base Operating Amount”", as such term is defined in Section 3.01(a) of the Lease Lease, shall mean the Operating Expenses incurred for the Operating Year commencing on January 1, 20102004; (yii) The “"Base Tax Amount”", as such term is defined in Section 3.01(b) of the LeaseLease (as modified by Paragraph 3(c)(i) of the First Modification and by Paragraph 4(b)(ii) of the Second Modification), shall mean one-half of the sum of (x) the Taxes for the Tax Year commencing on July 1, 2009 2004 and (y) the Taxes for the Tax Year commencing July 1ending on June 30, 20102005, both as finally determined; and (ziii) “Tenant’s 's Share”", as such term is defined in Section 3.01(i) of the LeaseLease (as modified by Paragraph 3(c)(ii) of the First Modification and by Paragraph 4(b)(iii) of the Second Modification, respectively), shall mean 0.87 1.0845 (0.871.0845%) percent with respect to 29th 16th Floor PremisesAdded Space. (c) Electrical service shall be supplied to the 16th Floor Added Space on a submetered basis in accordance with the terms and provisions of Article 14 of the Lease, except that for purposes hereof, the words "seven (7) xxxxx" set forth in the first (1st) and second (2nd) sentences of Section 14.08 of the Lease shall be deleted and replaced with the words "six (6) xxxxx", and Tenant agrees to purchase from Landlord or from a meter company designated by Landlord all electricity consumed, used or to be used in the 16th Floor Added Space in accordance with Article 14.

Lease Modification. (a) Effective during the period commencing on the 29th 16th Floor Premises Additional Space Inclusion Date and ending on the Extended New 16th Floor Expiration DateDate (i.e., March 31, 2010), the Lease shall be modified as follows: (i1) The Fixed Rent payable by Tenant pursuant to Section 1.04(a) of the Lease (as modified by Paragraph 3(a) of the First Modification, Paragraph 4(a) of the Second Modification, Paragraph 3(a) of the Third Modification, Paragraph 3(a) of the Fourth Modification, and Paragraph 3(a) of the Storage Substitution Agreement, respectively) shall be increased by the following amounts during the following periods on account sum of the inclusion of the 29th Floor Premises: (x) NINE ONE HUNDRED NINE SEVENTY-THREE THOUSAND NINE EIGHT HUNDRED TWENTY-SIX EIGHTY AND 00/100 ($909,926.00173,880.00) DOLLARS per annum [or $75,827.17 14,490.00 per month], calculated on an annual basis at the rate of $46.00 35 per rentable square foot, during the period commencing on the 29th Floor Premises Inclusion Date and ending on the day immediately preceding the fifth (5th) anniversary account of the 29th Floor Premises Inclusion Date; and (y) ONE MILLION EIGHT THOUSAND EIGHT HUNDRED THIRTY-ONE AND 00/100 ($1,008,831.00) DOLLARS per annum [or $84,069.25 per month], calculated on an annual basis at the rate of $51.00 per rentable square foot, during the period commencing on the fifth (5th) anniversary inclusion of the 29th 16th Floor Premises Inclusion Date and ending on the Extended Expiration DateAdditional Space. (ii2) With respect to the Additional Charges payable pursuant to Article 3 of the Lease (hereinafter called the “Basic Escalation Payments”) with respect to the Existing Premises, there shall be computed, in addition to the Basic Escalation Payments, escalation payments with respect to increases on account of Taxes and Operating Expenses attributable to the 29th 16th Floor PremisesAdditional Space. Additional Charges with respect to Taxes and Operating Expenses with respect to the 29th 16th Floor Premises Additional Space shall be computed in the same manner as adjustments of rent with respect to Taxes and Operating Expenses for the purpose of the Basic Escalation Payments, except that for the purpose of such computations with respect to the 29th 16th Floor PremisesAdditional Space: (xi) The “Base Operating Amount”, as such term is defined in Section 3.01(a) of the Lease (as modified by Paragraph 4(b)(i) of the Second Modification as modified by Paragraph 3(b)(i) of the Third Modification), shall mean the Operating Expenses incurred for the Operating Year commencing on January 1, 20102006; (yii) The “Base Tax Amount”, as such term is defined in Section 3.01(b) of the LeaseLease (as modified by Paragraph 3(c)(i) of the First Modification, Paragraph 4(b)(ii) of the Second Modification, Paragraph 3(b)(ii) of the Third Modification, Paragraph 3(b)(ii) of the Fourth Modification and Paragraph 3(b)(i) of the Storage Substitution Agreement, respectively), shall mean one-half of the sum of (x) the Taxes for the Tax Year commencing July 1, 2009 2005 and (y) the Taxes for the Tax Year commencing July 1, 20102006, both as finally determined; and (ziii) “Tenant’s Share”, as such term is defined in Section 3.01(i) of the LeaseLease (as modified by Paragraph 3(c)(ii) of the First Modification, Paragraph 4(b)(iii) of the Second Modification, Paragraph 3(b)(iii) of the Third Modification, Paragraph 3(b)(iii) of the Fourth Modification and Paragraph 3(b)(ii) of the Storage Substitution Agreement, respectively), shall mean 0.87 0.23 (0.870.23%) percent with respect to 29th 16th Floor PremisesAdditional Space. (3) Electrical service shall be supplied to the 16th Floor Additional Space on a submetered basis in accordance with the terms and provisions of Article 14 of the Lease, except that for purposes hereof, the words “seven (7) xxxxx” set forth in the first (1st) and second (2nd) sentences of Section 14.08 of the Lease shall be deleted and replaced with the words “six (6) xxxxx”, and Tenant agrees to purchase from Landlord or from a meter company designated by Landlord all electricity consumed, used or to be used in the 16th Floor Additional Space in accordance with Article 14. (b) Effective during the period commencing on the 16th Floor Existing Space Adjustment Date (i.e., April 1, 2007) and ending on the New 16th Floor Expiration Date, the Lease shall be modified as follows: (1) The Fixed Rent payable by Tenant pursuant to Section 1.04(a) of the Lease (as modified by Paragraph 3(a) of the First Modification, Paragraph 4(a) of the Second Modification, Paragraph 3(a) of the Third Modification, Paragraph 3(a) of the Fourth Modification, Paragraph 3(a) of the Storage Substitution Agreement and Paragraph 4(a)(i) of this Agreement, respectively) shall be modified, with respect to the 16th Floor Existing Space, to the sum of EIGHT HUNDRED NINETEEN THOUSAND EIGHT HUNDRED FIVE AND 00/100 ($819,805.00) DOLLARS per annum [or $68,317.09 per month], calculated on an annual basis at the rate of $35 per rentable square foot. (2) For the purposes of calculating the Additional Charges payable by Tenant pursuant to Article 3 of the Lease with respect to the 16th Floor Existing Space, the following terms shall apply: (i) The “Base Operating Amount”, as such term is defined in Section 3.01(a) of the Lease (as modified by Paragraph 4(b)(i) of the Second Modification as modified by Paragraph 3(b)(i) of the Third Modification), shall mean the Operating Expenses incurred for the Operating Year commencing on January 1, 2006; and (ii) The “Base Tax Amount”, as such term is defined in Section 3.01(b) of the Lease (as modified by Paragraph 3(c)(i) of the First Modification, Paragraph 4(b)(ii) of the Second Modification, Paragraph 3(b)(ii) of the Third Modification, Paragraph 3(b)(ii) of the Fourth Modification and Paragraph 3(b)(i) of the Storage Substitution Agreement, respectively), shall mean one-half of the sum of (x) the Taxes for the Tax Year commencing July 1, 2005 and (y) the Taxes for the Tax Year commencing July 1, 2006, both as finally determined.

Lease Modification. (a) From and after the date hereof, Article 62 of the Existing Lease (as amended) is hereby deleted and is of no further force and effect and any reference to terms defined in said Article 62 shall likewise be of no further force and effect. (b) From and after the date hereof, Section 3(B) of the Second Amendment (as modified by Paragraph 25 of the Additional Space Agreement) is hereby deleted and is of no further force and effect. (c) Effective as of the date hereof, the Expiration Date shall be deemed modified and amended and shall be deemed to be March 31, 2016 for all purposes under the Lease and any reference in the Lease to the “Expiration Date” shall mean March 31, 2016 for all purposes. (d) From and after the Phase I Early Cancellation Date, all references in the Additional Space Agreement to the “4th Floor Premises”, the “Fourth Floor Premises, the “5th Floor Premises” and the “Fifth Floor Premises” shall be deemed to be references to the Remaining Premises and the Phase II Surrender Premises, and from and after the Phase II Early Cancellation Date, all references in the Additional Space Agreement to the “4th Floor Premises”, the “Fourth Floor Premises, the “5th Floor Premises” and the “Fifth Floor Premises” shall be deemed to be references to the Remaining Premises. (e) Tenant acknowledges and agrees that during the period from the Phase I Early Cancellation Date through the Phase II Early Cancellation Date, in order for Tenant to access the portions of the 4th floor that comprise the Phase II Surrender Premises (the “4th Floor Access Rooms”), Tenant shall be required to arrange such access to the 4th floor Access Rooms with the then-existing tenant of the Phase I Surrender Premises (the “Existing Tenant”). As such, if Tenant requires access to the 4th Floor Access Rooms, Tenant shall request such access from the Existing Tenant upon reasonable prior notice (which notice may be sent via electronic mail to xxxxx.xxxxxx@xxxxxxxxxxxxxxx.xxx and xxxxxxx.xxxxxx@xxxxxxxxxxxxxxx.xxx), and which access shall be limited to (i) during business hours (i.e., 8:00 a.m. to 6:00 p.m.) and (ii) to no more than three (3) times in any one calendar week (it being understood and agreed that the Existing Tenant shall be entitled to have a representative accompany the Tenant in connection with such access). If Tenant requires access to the 4th Floor Access Rooms at any times other than those set forth herein, upon reasonable prior notice, the Existing Tenant shall arrange for a security guard to be present to permit Tenant to gain access to the 4th Floor Access Rooms at such times and, as a condition to such access, the cost of such security guard shall be payable by Tenant in advance of such access, and in such case, such access shall be granted to Tenant. In addition to the foregoing, in the event of an emergency, if Tenant shall require access to the 4th Floor Access Rooms, Tenant shall be entitled to contact the following representatives of the Existing Tenant (via electronic mail and/or telephone): xxxxx.xxxxxx@xxxxxxxxxxxxxxx.xxx (201-887-1172), Xxxxxxx.xxxxxx@xxxxxxxxxxxxxxx.xxx (917-359-9940) and/or Xxxxxxx.xxxxx@xxxxxxxxxxxxxxx.xxx (917-378-6593). In such case of an emergency, the Existing Tenant (under the Existing Tenant Agreement) has agreed to make available a representative of the Existing Tenant or a security company that will have access to the 4th Floor Access Rooms within one (1) hour of Tenant’s contact to such Existing Tenant representative (or as reasonably promptly thereafter as possible under the circumstances). In case of such emergency access, Tenant shall be solely responsible for the costs incurred by the Existing Tenant in providing such representative or security company to Tenant as a condition to such access and shall pay such amount to Landlord and/or the Existing Tenant, within ten (10) Business Days of receipt of an invoice therefore (as Additional Rent hereunder), same being deemed to be Additional Rent under the Lease. Landlord hereby represents to Tenant that Landlord has entered into an agreement with the Existing Tenant (the “Existing Tenant Agreement”) which requires the Existing Tenant to provide access to the 4th Floor Access Rooms pursuant to the terms of this clause (e) and if the Existing Tenant fails to provide such access as detailed herein, Landlord hereby agrees to enforce the terms of such agreement against said Existing Tenant. (f) From and after the Phase II Early Cancellation Date, Article 60 of the Existing Lease (as amended by the Additional Space Agreement) and Paragraph 4 of the Second Amendment are all hereby deleted. (g) From and after the date hereof, Article 55 of the Lease (as amended) shall be deleted in its entirety and replaced with the following: Section 55.1 This Lease, and all rights of Tenant hereunder, are, and shall continue to be, subject and subordinate in all respects to: (1) all ground leases, overriding leases and underlying leases of the land and/or the building now or hereafter existing; (2) all mortgages that may now or hereafter affect the land, the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings; (3) each and every advance made or hereafter to be made under such mortgages; (4) all renewals, modifications, replacements and extensions of such leases and such mortgages; and (5) all spreaders and consolidations of such mortgages. Section 55.2 The provisions of Section 55.1 of this Article shall be self-operative, and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall execute and deliver any instrument that Landlord, the lessor of any such lease, the holder of any mortgage or any of its successors in interest shall reasonably request to evidence such subordination and, in the event that Tenant shall fail to execute and deliver any such instrument within ten (10) days after request therefor, Tenant shall be deemed to have executed such instrument. The leases to which this Lease is, at the time referred to, subject and subordinate pursuant to this Article 55 are herein sometimes called “superior leases”, the mortgages to which this Lease is, at the time referred to, subject and subordinate are herein sometimes called “superior mortgages”, the lessor of a superior lease or its successor in interest at the time referred to is sometimes herein called a “lessor” and the mortgagee under a superior mortgage or its successor in interest at the time referred to is sometimes herein called a “mortgagee”. Section 55.3 In the event of any act or omission of Landlord that would give Tenant the right, immediately or after lapse of a period of time, to cancel or terminate this Lease, or to claim a partial or total eviction, Tenant shall not exercise such right until: (i) it has given written notice of such act or omission to the mortgagee of each superior mortgage and the lessor of such superior lease whose name and address shall previously have been furnished to Tenant; and (ii) a reasonable period for remedying such act or omission shall have elapsed following the giving of such notice and following the time when such mortgagee or lessor shall have obtained possession of the Premises and become entitled under such superior mortgage or superior lease, as the case may be, to remedy the same (which reasonable period shall in no event be less than the period to which Landlord would be entitled under this Lease or otherwise, after similar notice, to effect such remedy). Nothing contained herein shall obligate such lessor or mortgagee to remedy such act or omission. Section 55.4 If the lessor of a superior lease or the mortgagee of a superior mortgage shall succeed to the rights of Landlord under this Lease, whether through possession or foreclosure action or delivery of a new lease or deed, then, at the request of such party so succeeding to Landlord’s rights (hereinafter sometimes called a “successor landlord”), and upon such successor landlord’s written agreement to accept Tenant’s attornment, Tenant shall attorn to and recognize such successor landlord as Tenant’s landlord under this Lease, and shall promptly execute and deliver any instrument that such successor landlord may reasonably request to evidence such attornment. Upon such attornment this Lease shall continue in full force and effect as, or as if it were, a direct lease between such successor landlord and Tenant upon all of the terms, conditions and covenants as are set forth in this Lease and shall be applicable after such attornment, except that such successor landlord shall not be subject to any offset or liable for any previous act or omission of Landlord under this Lease. Section 55.5 If, in connection with obtaining financing or refinancing for the Building, a banking, insurance, or other lender shall request reasonable modifications to this Lease as a condition to such financing or refinancing, Tenant shall not unreasonably withhold, delay, or defer its consent thereto, provided that such modifications do not materially increase the obligation, or materially decrease the rights, of Tenant hereunder. In no event shall a requested modification of this Lease requiring Tenant to do the following be deemed to materially adversely affect the leasehold interest hereby created: (i) give notice of any default by Landlord under this Lease to such lender and/or permit the curing of such defaults by such lender; and (ii) obtain such lender’s consent for any modification of this Lease. Section 55.6 Following the date of that certain Lease Modification and Partial Surrender Agreement by and between Landlord and Tenant, this Lease may not be modified or amended so as to reduce the Rent, shorten the term, or otherwise materially affect the rights of Landlord hereunder, or be canceled or surrendered, without the prior written consent in each instance of the ground lessors and of any mortgagees whose mortgages shall require such consent. Any such modification, agreement, cancellation or surrender made without such prior written consent shall be null and void. Section 55.7 Tenant agrees that if this Lease terminates, expires or is canceled for any reason or by any means whatsoever by reason of a default under a ground lease or mortgage, and the ground lessor or mortgagee so elects by written notice to Tenant, this Lease shall automatically be reinstated for the balance of the term which would have remained but for such termination, expiration or cancellation, at the same rental, and upon the same agreements, covenants, conditions, restrictions and provisions herein contained, with the same force and effect as if no such termination, expiration or cancellation had taken place. Tenant covenants to execute and deliver any instrument required to confirm the validity of the foregoing.” (h) Notwithstanding anything to the contrary in the Lease and commencing on the 29th Floor Premises Inclusion Phase I Early Cancellation Date and ending on the Extended Expiration Phase II Early Cancellation Date, Tenant shall be required to provide condenser water to the Existing Tenant in order to sufficiently operate the Phase I HVAC Equipment (provided no such condenser water shall exceed the amount of supplemental HVAC service currently servicing (as of the date hereof) the Phase I Surrender Premises). During the period of time commencing on the date hereof and ending on the Phase II Early Cancellation Date, Tenant shall maintain, repair and/or replace the Phase II HVAC Equipment in accordance with the terms of the Lease and Tenant shall be modified perform all such maintenance, repairs and/or replacements as follows:promptly and diligently as possible. (i) The Fixed Rent payable by Tenant pursuant Notwithstanding anything to Section 1.04(a) of the Lease shall be increased by contrary in the following amounts during the following periods on account of the inclusion of the 29th Floor Premises: (x) NINE HUNDRED NINE THOUSAND NINE HUNDRED TWENTY-SIX AND 00/100 ($909,926.00) DOLLARS per annum [or $75,827.17 per month]Lease, calculated on an annual basis at the rate of $46.00 per rentable square foot, during the period commencing on the 29th Floor Premises Inclusion Phase I Early Cancellation Date and ending on the day immediately preceding Phase II Early Cancellation Date, Tenant shall pay for the fifth electricity consumed and used by Tenant in the Premises (5th) anniversary but excluding the portion of the 29th Floor Premises Inclusion Date; and (ylocated on the 5th floor of the Building, which shall continued to be paid and billed on a submetered basis pursuant to the terms of the Lease) ONE MILLION EIGHT THOUSAND EIGHT HUNDRED THIRTY-ONE AND 00/100 ($1,008,831.00) DOLLARS per annum [or $84,069.25 per month]on a fixed amount basis and not on a submetered basis. As such, calculated on an annual basis at the rate of $51.00 per rentable square foot, during the period commencing on the fifth (5th) anniversary of the 29th Floor Premises Inclusion Phase I Early Cancellation Date and ending on the Extended Expiration Phase II Early Cancellation Date. , Tenant shall pay to Landlord an amount equal to $11,021.45 per month for the Remaining Premises and the Phase II Surrender Premises (ii) With respect to but excluding the Additional Charges payable pursuant to Article 3 portion of the Premises located on the 5th floor of the Building), and pro-rated for any partial years, payable with the Fixed Annual Rent, to compensate Landlord for Tenant’s use of electricity in the Premises (excluding the portion of the Premises located on the 5th floor of the Building) (which amount is not included in the Fixed Annual Rent set forth in Section 4 below), and for all purposes, the term “Electricity Additional Rent”, as defined in Article 43 of the Original Lease (hereinafter called the “Basic Escalation Payments”as amended) shall mean such amount with respect to the Existing Premisesportion of the Premises affected by such payment. Commencing on the Phase II Early Cancellation Date, there Tenant shall be computed, pay for electricity in addition the Remaining Premises on a submetered basis pursuant to the Basic Escalation Payments, escalation payments with respect to increases on account of Taxes and Operating Expenses attributable to the 29th Floor Premises. Additional Charges with respect to Taxes and Operating Expenses with respect to the 29th Floor Premises shall be computed in the same manner as adjustments of rent with respect to Taxes and Operating Expenses for the purpose of the Basic Escalation Payments, except that for the purpose of such computations with respect to the 29th Floor Premises: (x) The “Base Operating Amount”, as such term is defined in Section 3.01(a) terms of the Lease and prior to the Phase II Early Cancellation Date, Landlord shall mean install, at Landlord’s cost and expense, a submeter measuring the Operating Expenses incurred for electricity usage in the Operating Year commencing on January 1, 2010; (y) The “Base Tax Amount”, as such term is defined in Section 3.01(b) of the Lease, shall mean one-half of the sum of (x) the Taxes for the Tax Year commencing July 1, 2009 and (y) the Taxes for the Tax Year commencing July 1, 2010, both as finally determined; and (z) “Tenant’s Share”, as such term is defined in Section 3.01(i) of the Lease, shall mean 0.87 (0.87%) percent with respect to 29th Floor Remaining Premises.