Lease agreement between City and 7 WTC Company

NYC 9/11 Public Portal Document II

(B) Additionally, if Landlord is in arrears in payment to the Port Authority of Pilot for the Demised Premises, then Tenant may upon five (5) days notice to Landlord, apply any rent due or that may become due and payable under this Lease to the payment of such arrears and as long as such arrears are unpaid, no action or proceeding may be maintained by Landlord against Tenant for nonpayment of rent.

ARTICLE 9 LANDLORD'S SERVIA

(A) (i) From and after Substantial Completion of the Demised Premises, Landlord, at Landlord's expense, shall furnish heat to the peripheral heat units in the Demised Premises and ventilation and condenser water to the Building air conditioning equipment located on each floor of the Demised Premises ("HVAC"), through the Building systems, for reasonably comfortable occupancy of the Demised Premises, from 8:00 A.M. to 6:00 P.M. ("business hours") on business days. If Tenant shall install supplemental air conditioning in the Demised Premises requiring condenser water, solely to the extent the building risers and tower have available capacity. Landlord shall furnish condenser water therefor and Tenant shall pay Landlord's then established reasonable charges in connection therewith as additional rent within 45 days after demand. The term "business days", as used in this Lease, shall mean all days except Saturdays, Sundays and the days observed by the Federal or the New York State or City governments as legal holidays and such other days as shall be designated as holidays by the applicable operating engineers union contract or building service employees union contract. Landlord and Tenant shall operate the HVAC equipment in accordance with their design criteria; provided, however, that Landlord may reduce such level of operation in accordance with a recognized energy or water conservation program, guidelines, regulations or recommendations promulgated by any Federal, State, City or other governmental or quasi-govemmental bureau, board, department, agency, office, commission or other subdivision thereof or the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc. or any successor thereto or other organization serving a similar function. The air conditioning equipment on the 23rd floor of the Demised Premises (including any supplemental air conditioning equipment) within and servicing the Demised Premises shall be operated by Tenant and maintained, repaired and replaced by Landlord at Tenant's sole cost and expense and upon expiration of the Term, shall be surrendered to Landlord in working order and repair. At all times during the Term, Landlord acting for Tenant and at Tenant’s expense, shall contract with the air conditioning contractor designated by Landlord for the performance of such maintenance and repairs to maintain the design criteria of said equipment. The electricity used to operate the HVAC equipment on the 23rd floor shall be connected at Tenant's expense to Tenant's electric meter and shall be paid by Tenant as provided in Article 10 hereof. Landlord will, during business hours of business days, at its expense, operate and maintain the Building condenser water tower and the riser(s) to each floor of the Demised Premises, subject to recoupment under Article 4. If Tenant shall require Building condenser water to the Building air conditioning equipment “after hours” (as hereinafter defined). Landlord shall furnish such after hours service upon reasonable advance notice from Tenant’s designated representative, and Tenant shall pay Landlord’s then established reasonable charges

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