Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

Larxilord ii not mponsible for making any repain to Tenant*! Initial Work, Tenant's installations, alterations, additions or Improvements, ext^qn If due to Landlord's wiUfol acts or negligence. In foe event Landlord falls to fulfill its obligations, Tenant may, in addition to its other remedies, give written notice to Landlord specifying the repairs required by Tenant and Landlord shall commence performance of such work within three (3) busiaess days after foe giving of such notice (bfohdogiiecessaiyidepIviWTaHtbeinrdeemed-comiaencernei^ and diligently proceed to complete said work, provltM, however, that is such work shall be of a nature that foe same cannot be commenced udfoln suck period. Landlord shall commence such work as soon as reasonably practicable and diligently proceed to complete said work. Anything to foe contrary notwithstanding, in the event the repairs to be perfoimed by the Landlord an required to correct a hazardous condition or to end an emergency which renden foe premises unsuitable for foe use set forth herein (excluding fire or casualty), Tenant shall give Landlord, its agent, superintendent or the person designated to receive such notice, immediate notice in writing, personally (against a signed receipt) or by certified mail, and Landlord, within one (1) businen day of reedving said notice, subject to foe proviso contained in the immediately preceding paragraph, shall commence (Initiating necessary telephone calls being deemed commencement) the repairs and dillgemly proceed with continuity to complete said work. In foe event Landlord falls to commence and complete said work after said notice, as aforesaid. Tenant may, upon notice to Landlord and as agent for the Landlord, perform same and deduct foe reasonable cost thereof from any rent due or that may become due and payable under this Lease. In de event Tenant 1$ unable to use any pan or all of the Demised Premises because of Landlord's failure to perform such work as set forth in foe two preceding paragraphs hereof, the rent shall be reduced, during such period, proportionately to foe diminution In space resulting from such failure. Excluding Tenant's personal property. Landlord shall, upon Tenant’s request and at Tenant's expense, make necessary repairs to Tenant’s Initial Work, Tenant’s alterations and improvements in foe Demised Premises. Notwithstanding anything to the contrary in Article 13 hereof. Landlord shall be responsible for foe performance and cost of all repairs resulting from defects of materials and workmanship in construction of Tenant's Initial Woric during foe first year immediately following Substantial Completion of such portion of Tenant’s Initial Woik. Following such first year, with respect to Tenant’s repair obligations, upon Tenant’s J request, to foe extent existing and assignable. Landlord shall assign to Tenant foe beneficial interest in all warranties and guarantees received by Landlord from contractors and maiertalmen engaged in Its performance, as well as foe right to enforce any contracts made with such contractors and materialmen. Landlord here^ agrees to cooperate folly with Tenant in the event

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