Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises. At any time, and from time to time, Landlord and/or its representatives shall have the right to inspect the Demised Premises to identify all electrical equipment being utilized therein.

(F) Tenant covenants and agrees that at all times its use of electric current shall never exceed the service set forth in Paragraph A and the capacity of the then existing feeders to the Building or the risers or wiring installation. Landlord shall furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Demised Premises, at Tenant's sole cost and expense, in an amount equal to Landlord's cost. All lighting tubes, lamps, bulbs and ballasts so installed shall become Landlord's property upon the expiration or sooner termination of this Lease.

(G) In the event the metering system installed for the measurement of electricity consumption in the Demised Premises or any alternative submetering system installed by Landlord at a later date, becomes prohibited from use or the metering system should fail to properly register or operate at any time during the Term for any reason whatsoever or if the metering system shall become operable subsequent to the date that Tenant, or anyone (including, without limitation, any contractors or other workmen) claiming under or through Tenant first enters the Demised Premises, then Landlord, at its expense, may cause an independent electrical engineer chosen by Landlord or an electrical consulting firm selected by Landlord (hereinafter referred to as the "Electrical Consultant") to survey and determine Usage in, and Tenant’s Cost for, the Demised Premises from time to time, at least once per six (6) month period, and the Electrical Consultant shall make such determination using criteria generally accepted in the Metropolitan New York City area and Landlord's Rate in effect at the time, and shall include the quantity and peak demand, for all electricity consumed by Tenant. The determination made by the Electrical Consultant shall be binding on both Landlord and Tenant and such amount shall be deemed Tenant's Cost.

(H) Subject to all of the provisions of this Article, Landlord agrees (at no expense to Landlord) to reasonably cooperate with Tenant for Tenant to obtain electricity to the Demised Premises from the Power Authority of the State of New York (“PASNY”), provided and upon condition that:

1. (a) Tenant is not then in default under any of the terms, covenants or conditions of this Lease beyond the expiration of any applicable notice and cure periods hereunder, (b) Tenant named herein shall not have assigned this Lease and shall then occupy the entire Demised Premises for the conduct of its business, (c) Tenant shall expeditiously comply with all of the requirements of this Paragraph (H), and (d) Tenant shall have established to Landlord's reasonable satisfaction that the receipt of PASNY electric current is lawful and in compliance with the requirements of this Paragraph (H), then on or prior to the second (2nd) anniversary of the Rent Commencement Date, Tenant named herein shall have the one-time, non-recurring option (the "PASNY Electric Option") to be exercised only upon not less than thirty (30) days' prior written notice to Landlord, to request Landlord to discontinue furnishing electric current to the Demised

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