NYC 9/11 Public Portal Document
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Section 36.1 hereof for resolution and, if such arbitration results in a decision that
Landlord unreasonably withheld its consent when it was obligated hereunder not to do
so, then notwithstanding anything to the contrary contained herein or otherwise
Landlord shall have the option, exercisable in its sole discretion within five (5)
Business Days after such arbitration decision, to: (a) consent to the proposed
assignment or subletting or (b) exercise the option contained in subsection 32.2. If
Landlord shall fail to timely exercise one of the options in clauses (a) or (b) of this
Section 32.12, Tenant shall have the right to seek to recover the actual damages it has
sustained by reason of Landlord's failure to exercise one of said options. Nothing in
this Section shall in any way effect Tenant's duty, which is hereby confirmed, to
mitigate its damages by using reasonable efforts to locate alternative assignees or
subtenants, as the case may be.
32.13 Anything contained in the foregoing to the contrary notwithstanding,
Tenant shall have the right to permit any agency or department of the City of New
York to occupy a portion of the Demised Premises, such occupancy to be subject to
all of the terms and conditions of this Lease including without limitation the
provisions contained in subsections 10.1(a) and 10.2(a).
Doc#:DS4:56686.5 22-050
NYC-WTC 0001 36531
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