Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

ARTICLE 26 ASBESTOS

During the Term of this Lease, upon Tenant’s discovery and notice to Landlord, Landlord shall monitor and manage and, where necessary abate (i.e., repair, remove, enclose, encapsulate and/or replace) any asbestos containing materials, including, but not limited to, any such materials on boilers, pipes, ducts, tanks, spray-on or other insulation and any affected floor tiles, plaster and ceiling tiles in the Demised Premises at Landlord’s expense; provided, however, that notwithstanding anything herein contained to the contrary. Tenant shall be solely responsible for the removal of any asbestos or asbestos-containing material, in accordance with then applicable laws installed or brought into the Building and/or the Demises Premises by or on behalf of Tenant or any party claiming through Tenant. Nothing contained in the preceding sentence shall be deemed to vest upon Tenant or any permitted occupant of the Demised Premises any right to install or bring into the Building or the Demised Premises any asbestos or asbestos­ containing material.

ARTICLE 27 LANDLORD’S REPRESENTATIONS

Landlord hereby warrants that, to the best of its knowledge, it is not in default of any obligation to the City of New York, nor is Landlord, its officers, principals or stockholders a defendant in any action instituted by the City.

At date hereof, the parmers or. if a corporate entity, officers and shareholders of of 7 World Trade Company, L.P., owner of the leasehold estate of the Underlying Lease, are Silverstein-7 World Trade Company, Inc., a Delaware corporation, the corporation which is the general partner of Landlord, who currently own the leasehold estate of the Underlying Lease whose officers are as follows: Larry A. Silverstein - President, Joseph P. Ritorto - Senior Executive Vice President and Howard Shapiro - Senior Vice President, Secretary and Treasurer. The sole shareholder of said corporation is Larry A. Silverstein. The limited partners of 7 World Trade Company, L.P, are Silverstein Development Corporation and Klara Silverstein.

* [Subject to Landlord confirmation.! Any misrepresentation by Landlord with regard to this warranty shall constitute a basis for rescission of this Lease.

ARTICLE 28 NO WAIVER

The failure by Landlord or Tenant to insist, in one or more instances upon the full performance of any of the covenants, conditions or obligations of the other party shall not be construed as a waiver of a subsequent breach of the same or any other covenant or condition, and

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