Lease Agreement for 7 WTC, Mar 1998

NYC 9/11 Public Portal Document

(currently $17.30 per hour) within thirty (30) days after demand.

(ii) The peripheral heat units, air-conditioning equipment and lavatory hot water equipment on and servicing the 7th floor ponion of the Demised Premises (the "7th FL HVAC Equipment") shall be operated, maintained and repaired by Landlord. Tenant shall pay to Landlord, within thirty (30) days following written demand therefor, as additional rent under this Lease, "Tenant's Services Share" (as such term is hereinafter defined) of all of Landlord's reasonable costs and expenses in operating, maintaining and repairing the 7th FL HVAC Equipment (including, without limitation, the cost and expense of all service and maintenance contracts).

(iii) For the purpose of this Anicle, "Tenant’s Services Share"shall be deemed to mean a fraction as follows: the numerator of which is 4.367 and the denominator of which is the then aggregate number of rentable square feet on the seventh (7th) floor as are then occupied by Tenant and other tenants and which are serviced by the same HVAC Equipment as the Demised Premises on such floor; the denominator shall exclude any rentable square feet on the seventh (7th) floor that is not then serviced by the 7th FL HVAC Equipment servicing the Demised Premises on such floor. For purposes of the preceding sentence, incidental or Building maintenance use of the 7th FL HVAC Equipment shall not by itself constitute occupancy by Landlord unless Landlord is using such space for office purposes.

(iv) The electric power supply used to operate the 7th FL HVAC Equipment for the seventh (7th) floor is connected to an electric submeter or submeters on such floor (the "HVAC Submeter"). The term "7th FL HVAC Electric Charges" shall be deemed to mean, for the purposes of this Article, the cost of (i) electric usage as measured by the applicable HVAC Submeter, plus (ii) electric usage for the public hallways, restrooms, utility closets, stairways, fan rooms and other non-leasable areas located on the seventh (7th) floor as measured by submeier(s) on such floor and based on Landlord's charges for such electric usage pursuant to this Lease. Tenant will pay to Landlord, as additional rent under this Lease, within 45 days following written demand therefor. Tenant's Services Share of the 7th FL HVAC Electric Charges.

(v) Landlord and Tenant acknowledge that the amount of Tenant's payments under subsections (ii) and (iv) may, as to variable expenses (i.e., expenses which are variable in nature or which might reasonably be expected to vary in actual amount or stated rate based upon occupancy levels), vary according to the levels of occupancy of the seventh (7th) floor of the Building.

(vi) Notwithstanding the preceding subsections (ii)through (v) inclusive, for so long as the 7th floor portion of the Demised Premises shall be used solely for installation and maintenance of Tenant’s generator, said subsections (ii) through (v) shall be of no effect and Landlord shall have no obligation to supply any services to said space. Upon not less than 15 days notice by Tenant to Landlord, the provisions of said subections (ii) through (v) inclusive shall be effective.

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NYC-WTC_000169748