World Trade Center records folder, 2001

NYC 9/11 Public Portal Document

EEI

assign or assignment shall also include those circumstances described in Section 32.3

hereof);

(e) A duplicate original of the executed assignment and assumption

agreement or sublease, as the case may be, shall be delivered to Landlord prior to the

effective date of any such assignment or subletting and the form of any proposed

sublease agreement and assumption agreement shall be reasonably acceptable to

Landlord;

(t) The Demised Premises, or the part thereof proposed to be sublet,

shall not, without prior notice to Landlord have been listed or otherwise publicly

advertised for assignment or subletting by Tenant or Tenant's agents at a rental rate

less than the greater of (i) the current market rental rate then being asked by Landlord

for comparable space to that proposed to be sublet and for a comparable term and

(ii) at a rental rate less than the rate of fixed rent and additional rent then payable

hereunder for such space;

(g) Tenant shall not then be in default hereunder beyond any notice

and cure period;

(h) In case of a subletting, no whole floor of the Building which is

included in or includes, the Demised Premises shall be occupied at any time, in

separately partitioned areas, by more than four subtenants or other tenants and

Tenant. The area to be sublet shall have direct access to public corridor and all

toilet facilities on the floor; and

NYC-WTC 000136527