NYC 9/11 Public Portal Document
Upon request, Landlord shall provide Tenant with receipted bills, payment receipts or other
back-up infonnarion reasonably sarisfactory to Tenant evldeoclng Landlord's payment thereof
within five (S) business days after Tenant shall give notice to Landlord requesting such evidence
of payment.
(B) Additionally, If Landlord is in arrears in payment to the Port Authority of Pilot
for die Demised Pratnlare, then Tenant may upon five (5) ditys notice to Leodloid, 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 »
LANDLORD'S kl.V ViSL3S]
(A) (i) From and after Substantial Completion of the Demiaad Premises, Landlord,
at Landlord's expense, shall ftiraish heat to the peripheral heat units in the Demised Premises and
ventilation and condenser waler to the Building air conditioning equipment located on each floor
of the Demised Premises ("HVAC”), through the Building systems, for reasonably comfortable
occqMncy of the 1 Premhes, from 8:00 A.M. to 6:00 P.M. ("business hours") on
business days. If Tenant shall install sqjplemental air conditioning in the Demised Premises
requiring condenser water, solely to the extent the building risers and tower have available
capacity. Landlord shall lUmish condenser water therefor and Tenant shall pay Landlord's then
established reasonable charges in connection therewidi 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 die Federal or the New York State or City governments as
legfd 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 die HVAC equipment in accordance widi 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, cc lission or other subdivision thereof or the American Society of Heating,
Refrigerarion and Air-Coadirioning Engineers, Inc. or any successor thereto or other organixaiion
serving a similar ftinction. The air conditioning equipment on the 23rd floor of rite Demised
Premises (including any supplemental air conditioning equipment) within and servicing the
Premises dudl 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 woikiag order and lep^r. 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 aerate the HVAC equipmem on die 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 houn rtf business days, at its expwise,
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NYC-WTC_000169828
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