Administrative record file reference for 7 WTC project, undated

NYC 9/11 Public Portal Document

liable to Tenant or Tenant's agents, employees, contractors, customers, clients, invitees or licensees or to any other person for, and Tenant hereby indemnifies Landlord and Landlord's agents and security personnel, against liability in connection with or arising out of damage to mail or packages, or the performance or non-performance by Landlord or any person acting by, through or under the direction of Landlord of the services set forth in this Section (L) (including any liability in respect of the property of such persons), unless due to the willful misconduct of Landlord, or Landlord's agents or security personnel. No representation, guaranty or warranty is made or assurance given that the communications or security systems, devices or procedures of the Building will be effective to prevent injury to Tenant or any other person or damage to, or loss (by theft or otherwise) of, any property of Tenant (including Tenant's property) or of any other person, and Landlord reserves the right to discontinue or modify at any time such communications or security systems or procedures without liability to Tenant.

(M) Tenant shall not commit any nuisance on the Demised Premises, or do or permit to be done anything which might result in the creation or commission of a nuisance on the Demised Premises, and Tenant shall not cause or permit to be caused or produced upon the Demised Premises, to permeate the same or to emanate therefrom, any unusual, noxious or objectionable smoke, gases, vapor, odors, noises or vibrations.

(N) If as a result of (a) Landlord's failure to make repairs required to be performed by Landlord in or to any portion of the Demised Premises or the Building; or (b) Landlord's breach of its obligations to supply any essential service which pursuant to the terms of this Lease Landlord is obligated to supply in or about the Demised Premises (collectively "Untenantable Condition") and such Untenantable Condition shall not be caused by any circumstances referred to in Articles 14, 15 or 22 (subject to the penultimate sentence of this Paragraph N or by any act or omission of Tenant or its officers, contractors, licencees, agents, employees, guests or visitors, or any utility company or required by any legal requirement, and as a result of the Untenantable Condition, (i) all or a material portion of the Demised Premises (the "Untenantable Premises") are untenantable (it being agreed that a material portion of Demised premises shall be deemed untenantable if more than forty percent (40%) of the Demised Premises is rendered untenantable), for a period in excess of ten (10) consecutive days in any one instance (commencing after written notice from Tenant to Landlord of the Untenantable Condition if provided for herein in clause (iii) below or commencing upon the occurrence of the Untenantable Condition if written notice is not provided for in clause (iii) below), (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein and (iii) Tenant shall give notice to Landlord of the facts set forth in (i) and (ii) above, making specific reference to this rent abatement provision if outside the Demised Premises no other tenant is then subject to a similar act, event or circumstance as the Untenantable Condition, but if any other tenant is so affected, no such notice by Tenant shall be required hereby, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the eleventh (11th) consecutive day after all the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the date the Untenantable Premises shall be rendered usable and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for conduct of its business.

F;\CR\LHC\ 4219.1016\NEWLSE.FNL 57

NYC-WTC_000166989