NYC 9/11 Public Portal Document
alarm subcontractors, whose bids shall be reasonably competitive for first class office buildings in
Manhattan. If Tenant shall dispute that such bids of the sprinkler and fire alarm subcontractors
are so reasonably competitive, said subcontractors shall be as designated by Landlord, subject to
the right of Tenant to have such issue resolved by arbitration as provided in Paragraph (J) of this
Article.
DRES shall, within five (5) business days of its receipt of Landlord’s notice of the
Work Cost, approve or disapprove the Work Cost. If DRES disapproves, it will meet with
Landlord within five (5) business days to determine an agreed upon cost. As pan of the process
DRES will meet with the lowest bidder to resolve any discrepancies in unit prices and quantities.
In the event Landlord and DRES are unable to resolve their differences and agree upon the
Tenant’s Initial Work cost items. Landlord shall solicit bids from at least three (3) new
subcontractors designated by DRES in which case the procedures and time frames with respect to
the bids shall apply to such additional bids and bidders. Within five (5) business days from
approval of the Tenant’s Work Cost and prior to commencing construction, Landlord will upon
receipt submit a copy of the work permit (or alternative document issued by the Port Authority)
to DRES. Landlord shall commence construction within five (5) business days after the later of
(x) approval by Tenant of the Work Cost and (y) receipt by Landlord of Port Authorty approval
to commence construction, which later date is herein sometimes called the "Construction
Conunencement Date". All subcontractors shall be approved by Landlord, have a good
reputation, be acceptable for the performance of such work in other first class office buildings in
Manhattan to meet Landlord’s reasonable requirements for the Building.
The Work Cost shall be subject to audit by the Department of Citywide Administrative
Services and/or its authorized representative. Such costs may, in the discretion of the
Comptroller of the City of New York, also be post-audited by the Comptroller.
(C) In all instances where Tenant is required to supply information or authorizations
with regard to Tenant’s Initial Work, Tenant shall supply the same within three (3) business days
after written request therefor by Landlord, except in such unusual case where more than three (3)
business days shall be reasonably necessary due to the nature of such request but. Tenant shall
promptly commence and diligently proceed to supply the same to Landlord.
(D) Except as provided in this Article, Landlord shall not be required to spend any
money or to do any work to prepare the Demised Premises for Tenant's occupancy. The
specification of Tenant's Initial Work represents the limit of Landlord's responsibilities in
connection with the preparation of the Demised Premises and except as so provided. Tenant shall
take the Demised Premises "as-is". Any other improvements, alterations or additions shall be
performed by Tenant, but subject to all of the terms, conditions and covenants of this Lease.
(E) Landlord makes no representation of the date on which it will Substantially
Complete (hereinafter defined) Tenant’s Initial Work, and Landlord shall be under no penalty or
liability to Tenant whatsoever by reason of any delay in such performance and this Lease shall not
F:\CR\IJIC\ 4219.1016\NEWLSE.FNL 16
NYC-WTC_000166947
OCR can misread numbers and units. Confirm readings against the page image before using them.