NYC 9/11 Public Portal Document
be affected thereby, except as set forth in the last sentence of this Paragraph (E) and Paragraph
(L). In no event shall the Expiration Date be postponed beyond January 31, 2018. Landlord
agrees that it will use reasonable efforts to obtain contracts for the performance of the work
required to be performed by it and to arrange to have all such work commenced without delay
and prosecuted without unnecessary interruption until completion. Notwithstanding the
preceding. Landlord shall use its best efforts (at no additional expense) to Substantially Complete
Tenant’s Initial Work within six (6) months after the Construction Commencement Date (the
"Target Date"), excluding the Long Lead Items/Work set forth on Schedule 1 annexed hereto
. "Scheduled Items"). In the event (a) Landlord shall fail to meet and default in performing
4 i j its obligations in the time periods provided in Paragraph B hereof not due to a Tenant delay (as
set forth in this Article) or fault of Tenant to perform its obligations under this Lease and (b)
Tenant's Initial Work shall not be Substantially Completed (as hereinafter defined) excluding the
Li f Scheduled Items on or prior to the Target Date not due to a Tenant delay (as set forth in this
''^Mp^«^rticle) or fault of Tenant to perform its obligations under this Lease, and (c) Tenant shall not
have taken possession of any portion of the Demised Premises, then, the Rent Commencement
Date shall be adjourned one (1) day for each one (1) day after the Target Date that Tenant's
Initial Work shall have failed to have been Substantially Completed. Landlord shall cause its
construction manager to diligently pursue to obtain the Scheduled Items within the dates to be
furnished to Tenant and Substantially Complete the Scheduled Items, subject to Article 22.
F. Tenant shall be permitted to enter into the Demised Premises for installation of
its machinery, furniture, equipment and fixtures and performance of its work, all as permitted by
this Lease prior to Substantial Completion at its sole risk, provided that such entry and work do
not interfere in any way with Landlord's performance of the work to be done by Landlord. At
any time during such period of prior entry, if Landlord notifies Tenant that Tenant's entry or
work is interfering with or delaying Landlord's performance of Tenant's Initial Work, Tenant
shall forthwith discontinue any further work and shall remove from the Demised Premises and
shall cause its workmen or contractors to remove therefrom, any equipment, materials or
installations which are the subject of Landlord's notice.
(G) Subject to the provisions of this Article 6 and Article 11, all work performed by
Landlord, including the Building air conditioning installation, shall, upon installation, become
Landlord's property (excluding Tenant’s trade fixtures, personal property and equipment) and
shall be surrendered at the expiration or sooner termination of the Term of this lease, in good
condition, reasonable wear and tear excepted.
(H) (a) For the purposes of this Article, Tenant's Initial Work shall be deemed to
be Substantially (Completed when (i) all work is completed (including necessary sign-offs of The
Port Authority), excepting the Scheduled Items and minor details of construction or decoration
which do not materially adversely affect Tenant’s use of the Demised Premises, and (ii) a
certified air balancing report approved by Landlord’s engineer as being in conformance with the
Final Plans has been delivered to the Tenant. Tenant shall promptly submit to Landlord a
"punch-list" of such minor unfinished work which punch-list items, undisputed by Landlord, will
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