Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

to in Articles 14, 15 or 22 (subject to the penultimate sentence of this Paragraph N or by any act or omission of Tenant or its officers, contractors, licencees, agents, employees, guests or visitors, or any utility company or required by any legal requirement, and as a result of the Untenantable Condition, (i) all or a material portion of the Demised Premises (the "Untenantable Premises") are untenantable (it being agreed that a material portion of Demised premises shall be deemed untenantable if more than forty percent (40%) of the Demised Premises is rendered untenantable), for a period in excess of ten (10) consecutive days in any one instance (commencing after written notice from Tenant to Landlord of the Untenantable Condition if provided for herein in clause (iii) below or commencing upon the occurrence of the Untenantable (Condition if written notice is not provided for in clause (iii) below), (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein and (iii) Tenant shall give notice to Landlord of the facts set forth in (i) and (ii) above, making specific reference to this rent abatement provision if outside the Demised Premises no other tenant is then subject to a similar act, event or circumstance as the Untenantable Condition, but if any other tenant is so affected, no such notice by Tenant shall be required hereby, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the eleventh (11th) consecutive day after all the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the date the Untenantable Premises shall be rendered usable and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for conduct of its business, if earlier). In the event an Untenantable (Condition shall result from circumstance referred to in Anicle 22, the reference to "ten (10) consecutive days" and the "eleventh (11th) consecutive day" shall be charged to "twenty (20) consecutive days" and the "twenty-first (21st) day." This subsection N shall be in lieu of any right to which Tenant is otherwise entitled by law to claim a constructive eviction by reason of Landlord's failure to make such repairs, or supply such essential services.

(O) Tenant shall have the right to maintain a fuel tank and related eriuuiiiit'entas shown on the Preliminary Plans (as defined in Article 6), subject to the provisions of this Lease.

ARTICLE 34 DEFINITIONS

(a) The term Underlying Lease shall mean the Agreement of Lease between The Port Authority of New York and New Jersey as Lessor and Landlord as Lessee dated as of December 31, 1980, a Memorandum of which was recorded in the Office of the Register of the City of New York, (bounty of New York in Reel 550, Page 611, as amended by Supplement #1 dated as of June 30, 1983, a Memorandum of which was recorded in said Register's Office in Reel 836, Page 1648; by Supplement #2 dated as of July 1, 1983, a Memorandum of which was recorded in said Register's Office in Reel 843, Page 309; by Supplement #3 dated as of December 4, 1987, a Memorandum of which was recorded in said Register's Office in Reel 1337, Page 2287; by Supplement #4 dated as of August 28, 1990, a Memorandum of which was recorded in said Register's Office in Reel 1725, Page 1332; by Supplement #5 dated as of June

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