NYC 9/11 Public Portal Document
(B) If Tenant shall require heating service at any time other than during business
hours on business days ("after hours"). Landlord shall furnish the same upon advance notice from
Tenant, given prior to 2:00 P.M. on any business day on which Tenant requires such after hours
heat or if Tenant shall desire heat on a day other than a business day. Landlord shall furnish the
same upon advance notice from Tenant given prior to 2:00 P.M. on the last business day prior to
such non-business day, and Tenant shall pay Landlord's cost therefor as additional rent within 45
days after demand. In the event of a Tenant emergency. Landlord shall use its best effons to
furnish such after hours heat upon shoner notice from Tenant, it being agreed that all costs
incurred by Landlord for such emergency heat shall be paid by Tenant to Landlord within 45 days
after demand accompanied by a reasonably detailed statement. If any other tenant shall request
and receive heat after hours at the same time as Tenant, only an equitably prorated portion of the
charge therefor shall be allocated to Tenant.
(C) Landlord shall not be responsible if the normal operation of the Building HVAC
system shall fail to provide service in accordance with the requirements of this Lease in any
portions of the Demised Premises (a) which shall have an electrical demand in excess of 3-1/2
watts per rentable square foot of the Demised Premises for all purposes (including lighting and
power) or which shall have a human occupancy factor in excess of one person per 100 rentable
square feet of the Demised Premises, or (b) because of any arrangement of partitioning or the
making of any other Tenant's alterations or the installation and operation of machines and
equipment. In the event Landlord has consented to such Tenant's alterations, or machines and
equipment. Landlord, at Tenant's expense, shall make such changes in the HVAC system,
including the ductwork, as Tenant may require, but only with Landlord's prior consent and in
accordance with the terms of Article 11. Tenant shall cooperate fully with Landlord at all times
and abide by all regulations and requirements which Landlord may reasonably prescribe for the
proper functioning and protection of the HVAC system.
(D) (i) Commencing on Substantial Completion of the Demised Premises, Landlord,
at its expense, shall provide public elevator service, passenger and freight, by elevators serving
the floor on which the Demised Premises are situated during regular hours of business days, and
shall have at least one passenger elevator subject to call at all other times (i.e. 24 hours per day, 7
days per week), subject however to Landlord’s right to stop or interrupt such elevator service
pursuant to the provisions of Paragraph (H) hereof.
(ii) Commencing on Substantial Completion of the Demised Premises, in the
event of a City of New York emergency, upon notice to Landlord, Landlord shall make available
to Tenant, for Tenant’s non-exclusive use in common with other tenants in the Building on a
reasonable basis (24 hours per day solely during said emergency period), one freight elevator at
the Washington Street entrance to the Building serving the 23rd floor of the Building, and access
through the Washington Street entrance to the Building, taking into consideration the
requirements of Tenant, Landlord, and the other tenants of the Building. Tenant shall reimburse
Landlord, from time to time, within 45 days after demand therefor, all of Landlord’s actual costs
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