NYC 9/11 Public Portal Document
construction or decoration which do not materially adversely affect Tenant’s use of the GOP-of
the DcniiscJ Premises or the b2d3ncc of the Demised Premises^ 3s the cisc niHy bc» including
negftSMiy sipnmffa of The Port Aiithnrityr Demised Pl lises (or when all work (except as
aforesaid) would have been completed but for delays caused by Tenant as provided in this
Paragraph (H) or otherwise), 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 be diligently completed. Tenant shall periodically inspect
Tenant's Initial Work and make any objections thereto, if called for, without delay, so as to
mitigate changes, delays and costs. Landlord shall give Tenant notice (“Landlord’s Completion
Notice") of Substantial Completion of the 6©Pand-thc-balance-of-the Demised Premises on or
promptly after the respective-dates date of Substantial (Completion, which notice shall include the
items under (i) (Port Authority sign-offs) and (ii) above. Tenant shall certify or deny certification
of Substantial Completion (“Certification") to Landlord within five (5) three (3) business days
after receipt of Landlord’s (Completion Notice. Failure by Tenant to respond within said five (5)
three (3) business day period, shall be deemed Certification by Tenant. If Tenant shall deny
(Certification, Tenant shall state in writing in reasonable detail the reasons for such denial but, in
any event. Substantial (Completion and the Commencement Date shall be deemed to have
occurred on the date set forth in Landlord’s Completion Notice, forthe GOP of the Demised
Premises; subject to the right of Tenant to have such issue resolved by Arbitration as provided in
Paragr^^jh J of this Article.
(b) Tenant specifically acknowledges and agrees that the Work (Cost may
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NYC-WTC_000167047
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