NYC 9/11 Public Portal Document
ARTICLE 4
TAX AND OPERATING EXPENSE ESCALATIONS
Landlord and Tenant agree that in addition to the annual base-rental Base Rent provided
for in the preceding paragraphs of this Lease, additional rent shall be payable, consisting of Real
Estate Tax Escalations or Pilot Escalations and Operating Expense Escalations as those terms are
hereinafter defined. Landlord and Tenant agree Tenant’s pro-rata share of Real Estate Tax
Escalations, Pilot Escalations, and Operating Expense Escalations accurately reflects the ratio of
Tenant’s rentable square footage to the total rentable square footage in the Building.
A l BASE YEAR OPERATING EXPENSES
“Base Year Operating Expenses” shall be defined as all reasonable costs and expenses
(and taxes thereon), without duplication, paid or incurred by Landlord in [see A.2. 1.4, i.e. the
Operating Expense Base Year,] in the reasonable exercise of Landlord’s business judgment with
respect to following:
I. Items included in Operating Expenses
(1) Labor costs for the services of the following classes of employees
performing services required in connection with the operation, cleaning,
safety, security, repair and maintenance of the Real Property (including,
without limitation, all Building equipment):
(i) the Building manager who works full time on the Building.
(ii) engineers, mechanics, electricians, plumbers, porters and janitors
engaged on a full or part-time basis in the actual operation, repair
and maintenance of any part of the Real Property, including but
not limited to cleaning and the heating, air conditioning,
ventilating, plumbing, electrical, elevator and all systems of the
Real Propeny, provided that in the case of such part-time
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