Administrative record file reference for 7 WTC project, undated

NYC 9/11 Public Portal Document

of the Building attributable to additions or capital improvements (other than replacements) to the Building unless such addition or capital improvement was made in whole or in part for the benefit of tenants generally. As of the date hereof, to the best of Landlord’s knowledge, the only Taxes affecting the Building and/or the Land are the real estate taxes payable to the City of New York as Pilot.

Tenant covenants and agrees that for each lease year of the Term commencing with July 1, 1998, where the total annual Real Estate Taxes imposed or assessed upon the land and Building for such lease year is greater than the Tax base for the New York City fiscal year 1997/1998 (hereinafter referred to as the "Real Estate Tax Base Year"), Tenant shall pay to Landlord as additional rent, a sum equal to two point five nine percent (2.59%) of such increase, which represents Tenant's proportionate share of such increase. The amount of such additional rent payable for any lease year having a duration of less than twelve (12) months shall be prorated.

The Tax base for the Real Estate Tax Base Year shall be the annual Real Estate Taxes finally imposed or assessed on the Land and Building for the Real Estate Tax Base Year.

Appropriate credit shall be given for any refund obtained by reason of a reduction in the assessed valuation made by the assessors or the couns at any time during this Lease or at any time thereafter taking into account Landlord's costs in obtaining any such reduction. The original computations, as well as payments of additional rent, if any, under the provisions of this Anicle, shall be based on the original assessed valuation with adjustments to be made if and when the Tax refund, if any, has been paid to Landlord.

If the assessment of the land and Building shall be reduced for the Real Estate Tax Base Year as a result of protests of proceedings filed therefor, then the Tax base shall be amended to the amount actually collectible by the City of New York for the base fiscal tax year on the corrected assessment. Landlord shall use reasonable efforts to notify Tenant in writing each time a tax assessment is challenged. This paragraph shall also apply to the Base Pilot Square Foot Factor.

1. The term "Pilot" shall mean (i) such payments as the Port Authority has agreed to pay the City of New York under an agreement dated 1967 as it may have been or may be hereafter supplemented or amended (the "City Agreement") and (ii) all payments in lieu of Real Estate Taxes or assessments which may be agreed upon between the Port Authority and any governmental authorities (Federal, State or City, or any political subdivision thereof) other than as provided in the City Agreement, but not any amounts in excess of those imposed under the City Agreement.

2. The term "Pilot Square Foot Factor" shall mean the annual per rentable square foot factor used in computing the Pilot under the City Agreement for the relevant Tax Year. If payments under the City Agreement become payable on a basis other than an annual amount per occupied rentable square foot (as defined in Section 5.1.7 of the Underlying Lease), then unless

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