Administrative record file reference for 7 WTC project, undated

NYC 9/11 Public Portal Document

overpayments, and litigation and arbitration proceedings for recovery of overpayments, where such audits and other actions result in a determination that overcharges have occurred under this Article.

ARTICLES LANDLORD'S INTEREST IN PREMISES

Landlord warrants and represents that it is the owner of the leasehold esta under the Underlying Lease and is empowered and authorized to lease said premise herein.

ARTICLE 6 LAYOUT AND FINISH

(A) Landlord shall prepare a final plan or final set of plans (which said final plan or final set of plans, as the case may be, is hereinafter called the "Final Plans") based upon the preliminary plans and scope of work ("Preliminary Plans") which are listed on Exhibit C annexed hereto. The Final Plans must (i) be engineering and architecturally complete; (ii) be coordinated with existing Building conditions and facilities; (iii) conform to all applicable codes and requirements (including but not limited to terms and conditions in the professional services requirement document prepared by DRES, i.e., "Guide for Design Consultant"; (iv) clearly distinguish Tenant’s Initial Work (hereinafter defined) from Tenant’s alterations, if any; (v) be coordinated and based on the Preliminary Plans; and (vi) incorporate and elaborate on the Phasing Plan, in order to create a complete set of construction documents. The Final Plans must be filed by Landlord with all governmental authorities having jurisdiction. The Preliminary Plans have been approved by Tenant. Landlord and Tenant have improved (i) Swanke, Hayden, Connell, Ltd. as the architects (the “Architect”) and their Scope of Services annexed hereto and made a part hereof as Exhibit D.

In accordance with the Final Plans, Landlord, at Landlord's initial expense, subject to Landlord’s Contribution (as hereinafter defined in Paragraph (I) of this Article) and except as otherwise expressly specified in this Lease, will cause its designated construction manager to make and complete in and to the Demised Premises the work and installations (herein called "Tenant's Initial Work") specified in the Final Plans.

Within 35 days after the unconditional execution and delivery of this Lease by Landlord and Tenant, Landlord shall cause said Architect to complete the Final Plans and delivery of same to DRES and the Port Authority and other regulatory agencies (if any) which require said submission. DRES will review and either approve or disapprove the Final Plans, which approval shall not be unreasonably withheld, conditioned or delayed within ten (10) business days after receipt by DRES. In the event DRES shall not approve such Final Plans it shall indicate in writing in reasonable detail the corrections required before such approval can be furnished. Thereafter, Landlord shall resubmit revised Final plans within ten (10) business days and DRES

F:\CR\LHC\ 4219.1016\NEWLSE.FNL 14

NYC-WTC_000166944