Carbonite 2011 Annual Report Download - page 86
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SCHEDULE “1”
CERTAIN DEFINED TERMS
“ ACM ” shall mean and refer to asbestos, asbestos-containing materials or presumed asbestos-containing materials.
“ Additional Rent ” shall mean and refer to all amounts (other than Base Rent) payable by Tenant to Landlord pursuant to this Lease, whether or not
denominated as such.
“ Affiliate Transfer ” shall mean and refer to an assignment by Tenant of this Lease to a Tenant Affiliate where (x) Tenant gives Landlord prior written
notice of the name of such Tenant Affiliate, and (y) the applicable Tenant Affiliate assumes, in writing, for the benefit of Landlord, all of Tenant’s
obligations under this Lease.
“ Alterations ” shall mean and refer to any alterations, additions, improvements or replacements to the Tenant Space, or any other portion of the
Building or Property performed by or on behalf of Tenant or any other Tenant Party.
“ Applicable Laws ” shall mean and refer to (a) all laws, ordinances, building codes, rules, regulations, orders and directives of any governmental
authority now or hereafter having jurisdiction over the Property and the Landlord Essential Services, (b) all covenants, conditions, laws and restrictions
now or hereafter affecting the Property or the Services, (c) all rules, orders, laws, regulations and requirements of any applicable fire rating bureau or
other organization performing a similar function for the Property, and (d) the Environmental Laws.
“ Applicable Security Deposit Laws ”
shall mean and refer to laws, rules and regulations applicable to security deposits under commercial leases in the
State in which the Property is located.
“ Back-Up Power Specifications ” shall mean and refer to the specific elements of back-up power that are described in Items 2 & 3 of Exhibit “F” ,
Table A.
“ Back-Up Power Systems ” shall mean and refer to the specific equipment used by Landlord to meet the Back-Up Power Specifications.
“ Base Rent ” shall mean and refer to the amounts of Base Rent set forth in Item 8 of the Basic Lease Information.
“ Basic Lease Information ” shall mean the information contained in Section 1 of this Lease.
“ Building ” shall mean and refer to the Building described in Item 15 of the Basic Lease Information.
“ Building Systems ” shall mean and refer to the Building and/or Property systems and equipment, including all fire/life safety, electrical, HVAC,
plumbing and sprinkler, access control (including Landlord’s Access Control Systems), mechanical, and telecommunications systems and equipment.
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