Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

ARTICLE 13 REPAIRS

Landlord shall make all interior, exterior and structural repairs, excluding such repairs necessitated by the willful acts or negligence of Tenant or its invitees, but including maintenance, repair or replacement of the roof, windows and window glass. Building plumbing, and electrical systems, common areas, removal of graffiti from the exterior and interior of the Building and/or the Demised Premises, and all repairs needed because of Landlord's negligence or because of defective materials or workmanship in the construction and/or improvement by Landlord of the Demised Premises or of the Building of which they are a part. Landlord shall repair and maintain any sidewalks, curbs and passageways adjoining and/or appurtenant to the Demised Premises in good, clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstruction. Landlord is not responsible for making any repairs to Tenant’s Initial Work, Tenant's installations, alterations, additions or improvements, except if due to Landlord's willful acts or negligence.

In the event Landlord fails to fulfill its obligations, Tenant may, in addition to its other remedies, give written notice to Landlord specifying the repairs required by Tenant and Landlord shall commence performance^such work within three (3) bu^ess daysXter the giving of such notice ^im^gk^e^cssap/telepfadhe calls iroing deemed cmnmenceiaent) and diligently proceed to complete said^ork, provided; however, thatis^uch worlCshall be of a nature that the same cannot be commenced within such period. Landlord shall commence such work as soon as reasonably practicable and diligently proceed to complete said work.

Anything to the contrary notwithstanding, in the event the repairs to be performed by the Landlord are required to correct a hazardous condition or to end an emergency which renders the premises unsuitable for the use set forth herein (excluding fire or casualty), Tenant shall give Landlord, its agent, superintendent or the person designated to receive such notice, immediate notice in writing, personally (against a signed receipt) or by certified mail, and Landlord, within five (5) one (1) business days day of receiving said notice, subject to the proviso contained in the immediately preceding paragraph, shall commence (initiating necessary telephone calls being deemed commencement) the repairs and diligently proceed with continuity to complete said work. In the event Landlord fails to commence and complete said work after said notice, as aforesaid. Tenant may, upon notice to Landlord and as agent for the Landlord, perform same and deduct the reasonable cost thereof from any rent due or that may become due and payable under this Lease.

In the event Tenant is unable to use any part or all of the Demised Premises because of Landlord's failure to perform such work as set forth in the two preceding paragraphs hereof, the rent shall be reduced, during such period, proportionately to the diminution in space resulting from such failure.

Excluding Tenant’s personal property, Landlord shall, upon Tenant’s request and at

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