NYC 9/11 Public Portal Document
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1.7 In addition to and notwithstanding any other provision of this Agreement, the
Commissioner or agency head may in his or her sole discretion terminate this Agreement upon
not less than three (3) days written notice in the event contractor fails to promptly report in
writing to the Commissioner of Investigation of the City of New York any solicitation of money,
goods, requests for future employment of other benefit or thing of value, by or on behalf of any
employee of the City or other person, firm, corporation or entity for any purpose which may be
related to the procurement or obtaining of this Lease by the Landlord, or affecting the
performance of this Lease.
ARTICLE 25
SIGNDICANT RELATED PARTY TRANSACTIONS
Landlord shall be required to disclose and notify Tenant of any transactions with
significant related parties, including subsidiaries and affiliates of Landlord, the costs of which are
charged to Tenant as rent or additional rent, including, but not limited to. Base Year Operating
Expenses (if CPI formula is used) overtime HVAC and Tenant repairs. For purposes of this
Article, Landlord and Tenant agree that the Pon Authority is not a related party of Landlord.
Landlord shall provide Tenant with written notice of such transactions upon submission of
invoices for Rent or at the end of the calendar year in which the transactions to be billed as Rent
were performed by significant related parties. When such transactions occur, prices of same must
be in line with normal industry practice in New York City. Upon 5 days notice to Landlord and
Landlord’s failure to notify Tenant of such related party transactions shall result in a disallowance
of such costs that would otherwise be billed as rent. If such related party transactions occurred
and were disclosed, but it is found by Tenant that the costs thereof exceed normal industry costs
in an arms length third party transaction in New York City, then such excessive charges shall be
disallowed. The parties recognize and acknowledge that Silverstein Properties, Inc. ("SPI") (or
successor thereof) shall receive a management fee with respect to the Building and SPI is a
significant related party.
ARTICLE 26
ASBESTOS
During the Term of this Lease, upon Tenant’s discovery and notice to Landlord,
Landlord shall monitor and manage and, where necessary abate (i.e., repair, remove, enclose,
encapsulate and/or replace) any asbestos containing materials, including, but not limited to, any
such materials on boilers, pipes, ducts, tanks, spray-on or other insulation and any affected floor
tiles, plaster and ceiling tiles in the Demised Premises at Landlord’s expense; provided, however,
that notwithstanding anything herein contained to the contrary. Tenant shall be solely responsible
for the removal of any asbestos or asbestos-containing material, in accordance with then
applicable laws installed or brought into the Building and/or the Demises Premises by or on
behalf of Tenant or any party claiming through Tenant. Nothing contained in the preceding
sentence shall be deemed to vest upon Tenant or any permitted occupant of the Demised Premises
any right to install or bring into the Building or the Demised Premises any asbestos or asbestos-
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NYC-WTC_000169318
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