NYC 9/11 Public Portal Document
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(d) if Tenant shall default in the performance of any term of this Lease on
Tenant's part to be performed (other than the payment of fixed rent and additional rent) and
Tenant shall fail to remedy such default as soon as practicable and in any event within fifteen (15)
days after notice by Landlord to Tenant of such default, or if such default is of such a nature that
it can be remedied, but cannot be completely remedied within said period of fifteen (15) days, if
Tenant shall not (x) promptly upon the giving by Landlord of such notice, advise Landlord of
Tenant's intention to institute all steps necessary to remedy such situation, (y) promptly institute
and thereafter diligently prosecute to completion all steps necessary to remedy the same, and (z)
complete such remedy within a reasonable time after the date of the giving of said notice by
Landlord and in any event prior to such time as would either (i) subject Landlord, Landlord's
agents, superior lessor or superior mortgagee to prosecution for a crime or (ii) cause a default
under the Underlying Lease or the superior mortgage; or
(e) if any event shall occur or any contingency shall arise whereby this Lease or
the estate hereby granted or the unexpired balance of the Term would, by operation of law or
otherwise, devolve upon or pass to any person other than Tenant except as is expressly permitted
under Article 20; or
(f) if the Demised Premises shall become abandoned (and the fact that any of
Tenant's property remains in the Demised Premises shall not constitute evidence that Tenant has
not abandoned the Demised Premises) or if Tenant shall fail to take occupancy of the Demised
Premises, or a floor thereof, as the case may be, within one hundred eighty (180) days after the
Rent Commencement Date; or
(g) if Tenant shall default in the performance of any term, covenant, agreement
or condition on Tenant's part to be observed or performed under any other Lease with Landlord
of space in the Building and such default shall continue beyond the grace period, if any, set forth
in such other lease for the remedying of such default, then in any of said events Landlord may
give to Tenant notice of intention to terminate this Lease and to end the Term and the estate
hereby granted at the expiration of five (5) days from the date of the giving of such notice, and,
in the event such notice is given, this Lease and the Term and estate hereby granted (whether or
not the Term shall have commenced) shall terminate upon the expiration of said five (5) days with
the same effect as if that day were the Expiration Date, but Tenant shall remain liable as provided
in Article 32.
(B) Nothing in Paragraph (A) shall be deemed to require Landlord to give the
notices therein provided for prior to the commencement of a summary proceeding for
non-payment of rent or a plenary action for the recovery of rent on account of any default in the
payment of the same, it being intended that such notices are for the sole purpose of creating a
conditional limitation hereunder pursuant to which this Lease shall terminate and if Tenant
thereafter remains in possession or occupancy, it shall become a holdover tenant.
(C) If the Demised Premises shall at any time be or become vacant, deserted or
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