Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

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/itr M nature or which might reasonably be expected to vary in actual amount or stated rate based upoiT ' occupancy levels), vary according to the levels of occupancy of the seventh (7th) floor of the Building. f

(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 insrallation 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. Frem ^nd after

less than IS days notice bv Tenant to Landlord, the provisioiis of said si ions (ii) through (v) inclusive shall be effective.

(B) If Tenant shall require heating service at any time other than during business hours on business days ("after hours"). Landlord shall furnish the same upon advance notice from Tenant, given prior to 2:00 P.M. on any business day on which Tenant requires such after hours heat or if Tenant shall desire heat on a day other than a business day. Landlord shall furnish the same upon advance notice from Tenant given prior to 2:00 P.M. on the last business day prior to such non-business day, and Tenant shall pay Landlord's cost therefor as additional rent within five (5) business days after demand. In the event of a Tenant emergency. Landlord shall use its best efforts to furnish such after hours heat upon shorter notice from Tenant, it being agreed that all costs incurred by Landlord for such emergency heat shall be paid by Tenant to Landlord within five (5) business 45 days after demand accompanied by a reasonably detailed statement. If any other tenant shall request and receive heat after hours at the same time as Tenant, only an equitably prorated portion of the charge therefor shall be allocated to Tenant.

(C) Landlord shall not be responsible if the normal operation of the Building HVAC system shall fail to provide service in accordance with the requirements of this Lease in any portions of the Demised Premises (a) which shall have an electrical demand in excess of 3-1/2 watts per rentable square foot of the Demised Premises for all purposes (including lighting and power) or which shall have a human occupancy factor in excess of one person per 100 rentable square feet of the Demised Premises, or (b) because of any arrangement of partitioning or the making of any other Tenant's alterations or the installation and operation of machines and equipment. In the event Landlord has consented to such Tenant's alterations, or machines and equipment. Landlord, at Tenant's expense, shall make such changes in the HVAC system, including the ductwork, as Tenant may require, but only with Landlord's prior consent and in accordance with the terms of Article 11. Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC system.

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