Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

floor of the Demised Premises (including any supplemental air conditioning equipment) within and servicing the Demised Premises shall 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 working order and repair. 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 operate the HVAC equipment on the 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 hours of business days, at its expense, operate and maintain the Building condenser water tower and the riser(s) to each floor of the Demised Premises, subject to recoupment under Article 4. If Tenant shall require Building condenser water to the Building air conditioning equipment “after hours” (as hereinafter defined). Landlord shall furnish such after hours service upon reasonable advance notice from Tenant’s designated representative, and Tenant shall pay Landlord’s then established reasonable /ycharges (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 portion 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 Article, "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 submeter(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 thirty (30) days

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NYC-WTC_000169862