Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

occupying agency or its representative and post-audit by the Office of the Comptroller. Landlord shall required to retain the books and records required herein, at its main office or such other location within New York City as it may designate, for six (6) years after the period to which they relate.

Upon Tenant's request. Landlord shall notify Tenant of (i) any protest filed by any other tenant regarding any amounts billed pursuant to this Article and of (ii) any audits, resolution of audits, claims for refund of overpayments, settlements of overpayments, refunds of overpayments, and litigation and arbitration proceedings for recovery of oveipayments, where such audits and other actions result in a determination that overcharges have occurred under this Article.

ARTICLES LANDLORD'S INTEREST IN PREMISES

Landlord warrants and represents that it is the owner of the leasehold estate demised under the Underlying Lease and is empowered and authorized to lease said premises as provided herein.

ARTICLE 6 LAYOUT AND FINISH

(A) Landlord shall prepare a final plan or final set of plans (which said final plan or final set of plans, as the case may be, is hereinafter called the "Final Plans") based upon the preliminary plans and scope of work ("Preliminary Plans") which are listed on Exhibit C annexed hereto. The Final Plans must (i) be engineering and architecturally complete; (ii) be coordinated with existing Building conditions and facilities; (iii) conform to all applicable codes and requirements (including but not limited to terms and conditions in the professional services requirement document prepared by DRES, i.e., "Guide for Design Consultant"; (iv) clearly distinguish Tenant’s Initial Work (hereinafter defined) from Tenant’s alterations, if any; (v) be coordinated and based on the Preliminary Plans; and (vi) incorporate and elaborate on the Phasing Plan, in order to create a complete set of construction documents. The Final Plans must be filed by Landlord with all governmental authorities having jurisdiction. The Preliminary Plans have been approved by Tenant. Landlord and Tenant have approved (i) Swanke, Hayden, Connell, Ltd. as the architects (the “Architect”) and their Scope of Services annexed hereto and made a part hereof as Exhibit D.

In accordance with the Final Plans, Landlord, at Landlord's initial expense, subject to Landlord’s Maximum Contribution (as hereinafter defined in Paragraph (I) of this Article) and except as otherwise expressly specified in this Lease, will cause its designated contractor construction manager to make and complete in and to the Demised Premises the work and installations (herein called "Tenant's Initial Work") specified in the Final Plans.

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