NYC 9/11 Public Portal Document
Demised Premises, and Tenant shall not cause or permit to be caused or produced upon the
Demised Premises, to permeate the same or to emanate therefrom, any unusual, noxious or
objectionable smoke, gases, vapor, odors, noises or vibrations.
(N) If as a result of (a) Landlord's failure to make repairs required to be performed
by Landlord in or to any portion of the Demised Premises or the Building; or (b) Landlord's
breach of its obligations to supply any essential service which pursuant to the terms of this Lease
Landlord is obligated to supply in or about the Demised Premises (collectively "Untenantable
Condition") and such Untenantable Condition shall not be caused by any circumstances referred
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
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