NYC 9/11 Public Portal Document
for operation (including union labor), maintenance and electricity incurred during the period of
Tenant’s use of said freight elevator, other than during regular freight hours of business days (as
reasonably estimated by Landlord).
(E) Commencing on the date Tenant shall occupy the Demised Premises for the
conduct of its business. Landlord, at its expense, shall cause the Demised Premises (except as set
forth in subsection (A)(vi) hereof) to be cleaned in accordance with the cleaning specifications
annexed hereto as Exhibit E. Tenant shall pay to Landlord within 45 days after writen demand
the costs incurred by Landlord for (a) extra cleaning work in the Demised Premises required
because of (i) misuse or neglect on the part of Tenant or its employees, invitees or visitors, (ii)
use of portions of the Demised Premises for preparation, serving or consumption of food or
beverages, data processing or reproducing operations, trading areas, lavatories or toilets (other
than Building lavatories or toilets) or other special purposes requiring greater or more difficult
cleaning work than office areas, (iii) unusual quantity of interior glass surfaces, (iv) non-Building
standard materials, equipment, fixtures or finishes installed by Tenant or at its request, and (b)
removal from the Demised Premises and the Building of so much of any refuse and rubbish of
Tenant as shall exceed that ordinarily accumulated daily in the routine of business office
occupancy. Landlord, its cleaning contractor and their employees shall have access to the
Demised Premises and the free use of light, power and water in the Demised Premises as
reasonably required for the purpose of cleaning the Demised Premises in accordance with
Landlord's obligations hereunder, except that during a City of New York emergency. Tenant may
deny access to the cleaning contractor and during such period. Landlord shall have no obligation
to clean the Demised Premises. Additional cleaning required by Tenant, including,without
limitation, private lavatories, toilets and showers, shall be performed at Tenant's expense by the
cleaning contractor, if any, for the Building.
Notwithstanding the preceding. Tenant shall have the option, exercisable upon not less
than ninety (90) days' prior, irrevocable written notice to Landlord, effective as of the expiration
date of Landlord's then current contract with its cleaning contractor for the Building, to contract
directly with any independent, reputable, first-class contractor Tenant may otherwise select (or
such services may be performed by Tenant's own employees) for the cleaning of the Demised
Premises, whereupon, from and after the effective date of such notice. Landlord shall have no
further obligation to cause the Demised Premises to be cleaned and Tenant shall receive a credit
against rents in the amount received by Landlord from Landlord's cleaning contractor due to such
discontinuance of cleaning in the Demised Premises.
If Tenant shall contract with an independent reputable, first-class contractor for the
cleaning of the Demised premises, (x) such contract shall contain a provision (1) that the
contractor involved will not knowingly employ or permit the use of any labor or otherwise take
any action which would result in a strike, work stoppage or other labor disruption involving
personnel providing cleaning, janitorial and rubbish removal services elsewhere in the Building
pursuant to arrangements made by Landlord, (2) that the contractor involved will comply with
Landlord's reasonable Building security requirements and (3) providing that if any such strike.
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