AGREEMENT OF LEASE

NYC 9/11 Public Portal Document

Landlord at a later date, becomes prohibited from use or the metering system should fail to properly register or operate at any time during the Term for any reason whatsoever or if the metering system shall become operable subsequent to the date that Tenant, or anyone (including, without limitation, any contractors or other workmen) claiming under or through Tenant first enters the Demised Premises, then Landlord, at its expense, may cause an independent electrical engineer chosen by Landlord or an electrical consulting firm selected by Landlord (hereinafter referred to as the "Electrical Consultant") to survey and determine Usage in, and Tenant's Cost for, the Demised Premises from time to time, at least once per six (6) month period, and the Electrical (Consultant shall make such determination using criteria generally accepted in the Metropolitan New York City area and Landlord's Rate in effect at the time, and shall include the quantity and peak demand, for ail electricity consumed by Tenant. The determination made by the Electrical Consultant shall be binding on both Landlord and Tenant and such amount shall be deemed Tenant’s Cost.

(H) Subject to all of the provisions of this Article, Landlord agrees (at no expense lo Landlord) to reasonably cooperate with Tenant for Tenant to obtain electricity to the Demised Premises from the Power Authority of the State of New York (“PASNY”), provided and upon condition that;

1. (a) Tenant is not then in default under any of the terms, covenants or conditions of this Lease beyond the expiration of any applicable notice and cure periods hereunder. (b) Tenant named herein shall not have assigned this Lease and shall then occupy the entire Demised Premises for the conduct of its business, (c) Tenant shall expeditiously comply with all of the requirements of this Paragraph (H), and (d) Tenant shall have established to Landlord's reasonable satisfaction that the receipt of PASNY electric current is lawful and in compliance with the requirements of this Paragraph (H), then on or prior to the second (2nd) anniversary of the Rent Commencement Date, Tenant named herein shall have the one-time, non-recurring option (the "PASNY Electric Option") to be exercised only upon not less than thirty (30) days' prior written notice to Landlord, to request Landlord to discontinue furnishing electric current to the Demised Premises from Con Edison, in which event Tenant shall make direct application to PASNY for Tenant's entire separate supply of electric current to the Demised Premises at Tenant's expense in accordance with all applicable terms, covenants and conditions of this Lease.

2. (a) Any meters, risers, feeders, wiring, conduits, service entrance switches or other equipment, facilities or connections, or alterations or installations of the Building (collectively, the "facilities") necessary (or deemed appropriate by Landlord) to enable Tenant to obtain electric current directly from PASNY shall be performed and installed by Landlord at Tenant's sole cost and expense to be paid to Landlord as additional rent within ten (10) days following demand therefor if in Landlord’s sole judgment, the same are necessary and will not cause permanent damage or injury to the Building, or the Demised Premises or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense. The maintenance and repair of the facilities shall additionally be performed by Landlord at Tenant's sole cost and expense.

(b) Neither the exercise of the P ASNY Electric Option nor the conversion to

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