Administrative record file reference for 7 WTC project, undated

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 part 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 Commencement 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

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NYC-WTC 000166947