Nautilus 2009 Annual Report Download - page 236

2.7 Expiration Date . As set forth on the Lease Summary, unless the Lease is otherwise sooner terminated in accordance with its
provisions.
2.8 Force Majeure . Strikes, labor disputes, lockouts, inability to obtain labor, materials, equipment, or reasonable substitutes
therefor, acts of God, governmental restrictions, regulations, or controls, judicial orders, enemy or hostile government actions, civil commotion,
war, terrorism (foreign or domestic), fire, accident, explosion, falling objects or other casualty, or other causes beyond the reasonable control of
the party obligated to perform hereunder.
2.9 Hazardous Materials
. Any hazardous waste or hazardous substance as defined in any Laws applicable to the Premises, including,
without limitation, the Environmental Laws. “Hazardous Materials” shall also include asbestos or asbestos-containing materials, radon gas,
petroleum or petroleum fractions, urea formaldehyde foam insulation, transformers containing levels of polychlorinated biphenyls greater than
50 parts per million, medical waste, biological materials (including without limitation blood and blood products), electromagnetic fields, mold
and chemicals known to cause cancer or reproductive toxicity, whether or not defined as a hazardous waste or hazardous substance in any
statute, ordinance, rule or regulation.
2.10 Holidays . All federally observed holidays, including New Year’s Day, President’s Day, Martin Luther King, Jr. Day, Memorial
Day, Columbus Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day and Christmas Day.
2.11 Interest Rate . The average prime loan rate published by the board of governors of the Federal Reserve System of the United
States, as the same may change from time to time, plus four percent (4%) per annum, but not in excess of the maximum rate, if any, allowed by
Law for the transaction on which interest is being calculated.
2.12 Landlord Related Parties . Landlord, Landlord’s Affiliates, and the members, principals, beneficiaries, partners, trustees,
shareholders, directors, officers, employees, mortgagees, investment managers, property managers, brokers, contractors, attorneys, and agents of
Landlord and Landlord’s Affiliates, and the successors of such parties.
2.13 Law or Laws . All federal, state, county and local governmental and municipal laws, statutes, ordinances, rules, regulations,
requirements, codes, decrees, orders, and decisions by courts and cases, when the decisions are considered binding precedent in the State, and
decisions of federal courts applying the Law of the State; including but not limited to The Americans With Disabilities Act of 1990 (42 U.S.C. §
12101 et seq.), and any regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to
time.
2.14 Lease Year . Each twelve (12) month period or portion thereof during the Term, commencing with the Commencement Date,
without regard to calendar years.
2.15 Mortgagee . The holder of any mortgage or deed of trust encumbering any portion of the Premises.
2.16 Operating Costs . All costs incurred by Landlord in the ownership, management, maintenance, repair, replacement,
improvement, alteration and operation of the Premises, including, without limitation, the following: a) utilities; b) supplies, tools, equipment and
materials used in the operation, repair and maintenance of the Premises; c) insurance (including but not limited to public liability, property
damage, earthquake, flood, pollution, terrorism and property insurance for the full replacement cost of the Buildings as required by Landlord or
its lenders); d) landscaping; e) parking area repair, restoration, and maintenance, including, but not limited to, resurfacing, repainting, re-
striping,
and cleaning; f) reasonable reserves for covering uninsured damage and liability claims relating to the Premises, including, without limitation,
deductible amounts (provided that if Landlord incurs an expense for which a reserve is held, Landlord shall apply the applicable reserves to the
expense prior to including the balance of the expense in Operating Costs); g) fees, charges and other costs, including without limitation,
reasonable consulting fees, legal fees and accounting fees, of all contractors engaged by Landlord or otherwise reasonably incurred by Landlord
in connection with the management, operation, maintenance and of the Premises; h) compensation (including, without limitation, employment
taxes and fringe benefits) of all persons who perform duties in connection with the operation, maintenance, repair, or overhaul of the Premises,
and equipment, improvements, and facilities located on the Property; i) operation, repair, maintenance and replacement of the Buildings,
including, without limitation, the cost to replace or retrofit as required by Laws; j) janitorial service, alarm and security service, window
cleaning, trash removal; k) repair and
-
2
-