World Trade Center records folder, 2001

NYC 9/11 Public Portal Document

Landlord will pay $12,049,870 toward cost of Work. Landlord will advance up to $11,145,225 for balance of Work, to be repaid by Tenant. Interest rate equal to the lesser of 1) annual interest rate payable by Landlord under its construction or permanent financing in effect, as compounded under applicable financing documents, or 2) 9.5% per annum compounded daily. Repayment period shall be from the first Business Day of the third calendar month after the Substantial Completion Date until the fifth anniversary of the Substantial Completion Date. Landlord shall provide schedule of Work, showing time frames through completion, move-in and final occupancy (Construction Period - Exhibit 2). If Substantial Completion Date has not occurred within 90 days after end of Construction Period, then Tenant may give Landlord notice of its intent to complete work and deduct cost from Base Rent. If Substantial Completion Date has not occurred within 150 days after end of Construction Period (and Tenant has not exercised right to complete work), then Tenant may terminate Lease.

SERVICES: The Building Hours shall be 6:30 am - 8 pm Monday-Friday and (Art. 9, Pg. 77) 7am - 1 pm Saturday. (If Tenant surrenders space so that Tenant's share is less than 50%, then Building Hours shall be 8 am - 6 pm Monday-Friday and 8 am - 1 pm Saturday).

Landlord to furnish: access 24 hours each day 7 days a week; elevator service; freight elevator services during business hours on business days; HVAC; hot and cold water for lavatory and drinking purposes at Tenant's sole cost; cleaning and miscellaneous services and trash removal at Tenant's sole cost; common area cleaning, snow removal and landscaping. Tenant shall pay Landlord's overtime HVAC rates for overtime service. Tenant will contract directly for electricity, steam, gas, water and sewer and any other utilities during such periods that Tenant has not reduced its r.s.f. Other than access and electricity, Landlord is not required to provide any service maintenance, repairs or other improvements to the Basement and Tenant agrees to maintain and repair the. Basement at its sole cost.

Tenant is responsible for paying all utilities "consumed at the Building" on a direct basis during the Term of the Lease (unless Tenant exercises a partial surrender option).

Tenant shall pay as Additional Rent, cost of staffing Lobby Security Desk and any other lobby security or freight elevator personnel. If Tenant Share is in excess of 75%, then Tenant may staff above

NYC-WTC 000136519