Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

the consent or approval by Landlord or Tenant to or of any act requiring such consent or approval shall not be construed to waive or render unnecessary consent or approval to or of any subsequent similar act. No provision of this Lease shall be deemed to have been waived by Tenant or Landlord unless such waiver be in writing signed by the party against whom it is to be charged.

ARTICLE 29 BROKERAGE

Landlord and Tenant represent to the other that neither has dealt with any broker in connection with this Lease other than CB COMMERCIAL REAL ESTATE GROUP, INC. (“Broker’). Landlord shall pay any commission owing to the Broker. Tenant and Landlord hereby indemnify and hold each other harmless against all loss, damage liability, cost and expense of any nature (including reasonable attorney’s fees and disbursements) based on any claim by any party other than the Broker with whom such indemnifying party has dealt for a commission or other compensation in connection with this Lease which is based on the actions of such party or its agents or representatives. The indemnified party shall cooperate with the indemnifying party in any defense; the indemnified party shall not settle a claim, liability or action for which the indemnifying party has the obligation to defend or indemnify without the indemnifying party’s consent, which consent shall not be unreasonably withheld or delayed. The foregoing indemnifications shall survive any expiration or termination of this Lease.

AR'nCLE 30 CONDITIONS OF LIMITATION

(A) This Lease and the Term and estate hereby granted are subject to the limitations that:

(a) if Tenant shall file a voluntary petition seeking an order for relief under Title 11 of the United States (Zode, or Tenant shall be adjudicated a debtor, bankrupt or insolvent, or shall file any petition or answer seeking, consenting to or acquiescing in any order for relief, reorganization, arrangement, composition, adjustment, winding-up, liquidation, dissolution or similar relief with respect to Tenant or its debts under the present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law (foreign or domestic), or shall file an answer admitting or failing to deny the material allegations of a petition against it for any such relief or shall generally not, or shall be unable to, pay its debts as they become due or shall admit its insolvency or its inability to pay its debts as they become due, or shall make a general assignment for the benefit of creditors or shall seek or consent or acquiesce in the appointment of any trustee, receiver, examiner, assignee, sequestrator, custodian or liquidator or similar official of Tenant or of all or any part of Tenant's property or if Tenant shall take any action in furtherance of or authorizing any of the foregoing; or if Tenant shall call a meeting of, or propose any form of arrangement, composition, extension or adjustment with, its creditors holding a majority in amount of Tenant's outstanding indebtedness; or

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